The Questionable Concept of Protective Weapons
On 20 May 2025, the European Court of Human Rights handed down a landmark ruling in Russ v. Germany, finding that penalising a protester for wearing a makeshift visor breached his freedom of assembly. With its clear rejection of the German courts’ blanket approach, Strasbourg echoes long-standing constitutional concerns in German legal scholarship over the criminalisation of defensive gear at protests. Beyond Germany, the judgment affirms the Court’s role in shielding democratic participation across Europe.
