Search Results for: European Convention on Human Rights 41

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Smith And Grady v United Kingdom (Article 41): ECHR 25 Jul 2000

Citations: 33986/96, [2000] ECHR 384, 33985/96 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Smith and Grady v The United Kingdom ECHR 27-Sep-1999 The United Kingdom’s ban on homosexuals within the armed forces was a breach of the applicants’ right to respect for their private and family life. … Continue reading Smith And Grady v United Kingdom (Article 41): ECHR 25 Jul 2000

European Roma Rights Centre and others v Immigration Officer at Prague Airport and Another: CA 20 May 2003

A scheme had been introduced to arrange pre-entry clearance for visitors to the United Kingdom by posting of immigration officers in the Czech Republic. The claimants argued that the system was discriminatory, because Roma visitors were now subjected to a much more rigorous examination than others, and also that the arrangement put the respondent in … Continue reading European Roma Rights Centre and others v Immigration Officer at Prague Airport and Another: CA 20 May 2003

In re A (permission to remove child from jurisdiction: human rights): CA 2000

The mother had been given leave by the Recorder to remove a ten month old girl permanently from the jurisdiction to the United States in circumstances where the mother`s job prospects were better in New York than in England. The father, (in person) raised the question of a breach of his right under Article 8(1). … Continue reading In re A (permission to remove child from jurisdiction: human rights): CA 2000

Paskhalidis And Others v Greece 20416/92: ECHR 19 Mar 1997

ECHR Judgment (Merits and Just Satisfaction) – Case of Mr Karatzalidis struck out of the list; Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention proceedings. Citations: 20416/92, [1997] ECHR 16 Links: Worldlii Statutes: European Convention on Human Rights Jurisdiction: Human Rights … Continue reading Paskhalidis And Others v Greece 20416/92: ECHR 19 Mar 1997

SA v Hungary – 41274/13: ECHR 18 Jul 2017

ECHR Judgment : Violation of Article 1 of Protocol No. 1 – Protection of property Article 1 para. 1 of Protocol No. 1 – Deprivation of property Citations: ECLI:CE:ECHR:2017:0718JUD004127413, [2017] ECHR 676 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607820

Association For The Defence Of Human Rights In Romania-Helsinki Committee on behalf of Ionel Garcea v Romania: ECHR 24 Mar 2015

ECHR Article 34 Locus standi Standing of non-governmental organisation to lodge an application on behalf of deceased mentally-ill detainee Article 2 Article 2-1 Effective investigation Failure to conduct effective investigation into the death of mentally-ill detainee: violation Facts – The application was lodged by an NGO named the Association for the Defence of Human Rights … Continue reading Association For The Defence Of Human Rights In Romania-Helsinki Committee on behalf of Ionel Garcea v Romania: ECHR 24 Mar 2015

Youth Initiative For Human Rights v Serbia: ECHR 25 Jun 2013

Article 10-1 Freedom to receive information Refusal to allow a non-governmental organisation access to intelligence information despite a binding decision directing disclosure: violation Facts – The applicant was a non-governmental organisation which monitored the implementation of transitional laws with a view to ensuring respect for human rights, democracy and the rule of law. In October … Continue reading Youth Initiative For Human Rights v Serbia: ECHR 25 Jun 2013

Liversidge v Sir John Anderson: HL 3 Nov 1941

The plaintiff sought damages for false imprisonment. The Secretary of State had refused to disclose certain documents. The question was as to the need for the defendant to justify the use of his powers by disclosing the documents. Held: The legislation must be interpreted to give effect to Parliament’s intention, even if that meant adding … Continue reading Liversidge v Sir John Anderson: HL 3 Nov 1941

Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004

Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004

Lashin v Russia: ECHR 22 Jan 2013

ECHR Article 41Just satisfactionAward in respect of non-pecuniary damage to be paid to legal guardian for use in best interests of legally incapacitated mental patientFacts – In 2000 a district court declared the applicant, who was suffering from schizophrenia, legally incapacitated. His father was subsequently appointed as his legal guardian. Two applications were lodged seeking … Continue reading Lashin v Russia: ECHR 22 Jan 2013

Sladkova v The Czech Republic: ECHR 10 Nov 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Citations: 15741/15, [2022] ECHR 987 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 December 2022; Ref: scu.682639

Zielinski, Pradal, Gonzalez and Others v France: ECHR 8 Jun 2011

Citations: 34173/96, [1999] ECHR 108, 24846/94, 34165/96, [2011] ECHR 1257 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Zielinski v France ECHR 28-Oct-1999 Hudoc The applicants challenged a retrospective change in employment law under article 6(1). Held: The court stated that while in principle the legislature is … Continue reading Zielinski, Pradal, Gonzalez and Others v France: ECHR 8 Jun 2011

Zielinski v France: ECHR 28 Oct 1999

Hudoc The applicants challenged a retrospective change in employment law under article 6(1). Held: The court stated that while in principle the legislature is not precluded in civil matters from adopting new retrospective provisions to regulate rights arising under existing laws, the principle of the rule of law and the notion of fair trial enshrined … Continue reading Zielinski v France: ECHR 28 Oct 1999

Mk v Hungary: ECHR 9 Jun 2020

ECHR Judgment : Right to liberty and security : Fourth Section Committee ECHR Judgment : Right to liberty and security : Fourth Section Committee Citations: 46783/14, [2020] ECHR 417, [2020] ECHR 434 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 December 2022; Ref: scu.651329

Dudas v Romania: ECHR 9 Jun 2020

ECHR Judgment : Right to a fair trial : Fourth Section Committee ECHR Judgment : Right to a fair trial : Fourth Section Committee Citations: 80278/13, [2020] ECHR 418, [2020] ECHR 435 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 December 2022; Ref: scu.651312

Dublin City Council v Gallagher: 11 Nov 2008

(High Court of Ireland) The defendant’s son claimed that he sought to succeed to a tenancy on his mother’s death. The council rejected the claim and served him with proceedings under Section 62 of the Housing Act 1966 to recover possession. The district judge had found that save for a period when he resided with … Continue reading Dublin City Council v Gallagher: 11 Nov 2008

Lysak v Ukraine: ECHR 20 Oct 2022

ECHR Judgment : : Fifth Section Committee Citations: 52299/14, [2022] ECHR 913 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 December 2022; Ref: scu.682341

Pshibiyev And Berov v Russia: ECHR 9 Jun 2020

ECHR Judgment : Right to respect for private and family life : Third Section ECHR Judgment : Right to respect for private and family life : Third Section Citations: 63748/13, [2020] ECHR 411, [2020] ECHR 427 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: … Continue reading Pshibiyev And Berov v Russia: ECHR 9 Jun 2020

Samsonov v Russia: ECHR 9 Jun 2020

ECHR Judgment : Freedom of expression-{general} : Third Section Committee ECHR Judgment : Freedom of expression-{general} : Third Section Committee Citations: 38427/11, [2020] ECHR 414, [2020] ECHR 431 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.651337

Zulufoiu v Romania: ECHR 9 Jun 2020

ECHR Judgment : Right to a fair trial : Fourth Section Committee ECHR Judgment : Right to a fair trial : Fourth Section Committee Citations: 66110/13, [2020] ECHR 419, [2020] ECHR 436 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.651345

Suzen v Turkey: ECHR 9 Jun 2020

ECHR Judgment : Freedom of assembly and association : Second Section Committee ECHR Judgment : Freedom of assembly and association : Second Section Committee Citations: 58418/10, [2020] ECHR 420, [2020] ECHR 437 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.651340

Achilov And Others v Russia: ECHR 9 Jun 2020

ECHR Judgment : Right to liberty and security : Third Section Committee ECHR Judgment : Right to liberty and security : Third Section Committee Citations: 10780/07, [2020] ECHR 412, [2020] ECHR 429 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.651300

Jeret v Estonia: ECHR 9 Jun 2020

ECHR Judgment : Prohibition of torture : Second Section Committee ECHR Judgment : Prohibition of torture : Second Section Committee Citations: 42110/17, [2020] ECHR 415, [2020] ECHR 432 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.651321

P, Regina (On the Application of) v HM Coroner for the District Of Avon: Admn 5 Mar 2009

The deceased was found suspended by a sheet in her prison cell. The jury found accidental death, not being satisfied that she was not issuing a cry for help. The family appealed saying that the jury had not been directed that they could provide a narrative verdict to explain further their conclusions. Held: The jury … Continue reading P, Regina (On the Application of) v HM Coroner for the District Of Avon: Admn 5 Mar 2009

Kiss Menczel v Hungary: ECHR 9 Jun 2020

ECHR Judgment : Right to a fair trial : Fourth Section Committee ECHR Judgment : Right to a fair trial : Fourth Section Committee Citations: 61675/14, [2020] ECHR 416, [2020] ECHR 433 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 December 2022; Ref: scu.651324

B v Romania (No 2): ECHR 19 Feb 2013

ECHR Article 8Positive obligationsArticle 8-1Respect for family lifeRespect for private lifeLack of adequate legal protection in a case concerning a mother’s committal to a psychiatric institution and the placement of her children in care: violationsFacts – The applicant was assisted by the social services from 1996 onwards, having been classified as a disabled person unfit … Continue reading B v Romania (No 2): ECHR 19 Feb 2013

Garcia Mateos v Spain: ECHR 19 Feb 2013

ECHR Article 14DiscriminationFailure to enforce a judgment acknowledging gender discrimination against a working mother: violationFacts – In February 2003, relying on the labour regulations, the applicant asked her employer for a reduction in her working hours as she had custody of her son, who was under the six-year age-limit. When her employer refused, she brought … Continue reading Garcia Mateos v Spain: ECHR 19 Feb 2013

Identoba And Others v Georgia: ECHR 12 May 2015

ECHR Article 3 Positive obligations State’s failure to protect demonstrators from homophobic violence: violation Article 14 Discrimination State’s failure to investigate homophobic motives behind violence during demonstration: violation Facts – The applicants were a non-governmental organisation set up to promote and protect the rights of LGBT people in Georgia, and 14 individuals. On 17 May … Continue reading Identoba And Others v Georgia: ECHR 12 May 2015

Ilievska v The Former Yugoslav Republic of Macedonia: ECHR 7 May 2015

Article 3 Degrading treatment Handcuffing of patient on her way to a psychiatric hospital: violation Facts – The applicant underwent cancer surgery and chemotherapy in April 2009. In October 2009 her husband called for medical assistance as she was suffering from anxiety and distress. On the advice of medical practitioners the applicant was transferred to … Continue reading Ilievska v The Former Yugoslav Republic of Macedonia: ECHR 7 May 2015

SL And JL v Croatia: ECHR 7 May 2015

ECHR Article 1 of Protocol No. 1 Positive obligations Failure of the state to protect the property rights of minors under a real-estate swap agreement: violation Facts – In 1997 the applicants, two minor sisters represented by their mother, purchased a villa for EUR 60,000. The mother and Z.L., who was the applicants’ legal guardian … Continue reading SL And JL v Croatia: ECHR 7 May 2015

O’Connor v Bar Standards Board: SC 6 Dec 2017

The claimant barrister complained of the manner of conduct of the disciplinary proceedings brought against her. She had been cleared of any breach of the Bar Code of Conduct, but her claim was then ruled out of time under section 7(5)(a), time having begun on the initial ruling against her. Held: The appeal succeeded. The … Continue reading O’Connor v Bar Standards Board: SC 6 Dec 2017

B, Regina (on the Application Of) v SS (Responsible Medical Officer) and others: CA 26 Jan 2006

The applicant had been detained after a diagnosis of Bipolar Affective Disorder and convictions for rape. He had applied for discharge, but before the hearing the doctor had said he no longer opposed his release. After the hearing but before being released the detention was re-instated, and the patient again complained at proposals to treat … Continue reading B, Regina (on the Application Of) v SS (Responsible Medical Officer) and others: CA 26 Jan 2006

MBT, Regina (on The Application of) v Secretary of State for The Home Department (Restricted Leave; ILR; Disability Discrimination): UTIAC 13 Dec 2019

(i) A decision of the Secretary of State not to grant indefinite leave to remain to a person subject to the restricted leave policy (‘the RL policy’) does not normally engage Article 8 of the European Convention on Human Rights. However, Article 8 may be engaged by a decision to refuse to grant indefinite leave … Continue reading MBT, Regina (on The Application of) v Secretary of State for The Home Department (Restricted Leave; ILR; Disability Discrimination): UTIAC 13 Dec 2019

VTB Capital Plc v Nutritek International Corp and Others: SC 6 Feb 2013

The claimant bank said that it had been induced to create very substantial lending facilities by fraudulent misrepresentation by the defendants. They now appealed against findings that England was not clearly or distinctly the appropriate forum for resolution of VTB’s tort claims, and nor that there was a proper basis for piercing the corporate veil. … Continue reading VTB Capital Plc v Nutritek International Corp and Others: SC 6 Feb 2013

Tsvetkov and Others v Russia: ECHR 10 Nov 2022

ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 17230/19, [2022] ECHR 970 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 November 2022; Ref: scu.682641

Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004

Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004

Privacy International v Secretary of State for Foreign and Commonwealth Affairs and Another: IPT 12 Feb 2016

‘hearing in respect of the claim by Privacy International, the well known NGO, and seven internet service providers, of which Greennet Limited carries on operations in this country and the other Claimants have customers in this country, though their main operations are based abroad. The hearing has been of preliminary issues of law, whose purpose … Continue reading Privacy International v Secretary of State for Foreign and Commonwealth Affairs and Another: IPT 12 Feb 2016

Palau Martinez v France: ECHR 16 Dec 2003

A decision of the French court that the children should live with their father, and not with their Jehovah’s Witness mother, was based decisively on its view of the mother’s religious practices and was discriminatory; although the protection of the children was a legitimate aim, there was, in the view of the Strasbourg court, no … Continue reading Palau Martinez v France: ECHR 16 Dec 2003

Sylvester v Austria: ECHR 24 Apr 2003

Effective respect for family life required that future family relations between parent and child are not determined by the passage of time alone Citations: (2003) 37 EHRR 417, [2003] 2 FLR 210, [2003] ECHR 196, 36812/97, 40104/98, (2003) 37 EHRR 17 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: … Continue reading Sylvester v Austria: ECHR 24 Apr 2003

ANS and Another v ML: SCS 21 Jun 2011

In adoption proceedings, ML refused her consent to the proposed adoption. She argued that the provision in the 1997 Act (allowing a court to dispense with her consent) was beynd the competence of the Scottish Parliament, and infringed her right to family life. Judges: Lord President, Lady Paton, Lord Kingarth Citations: [2011] ScotCS CSIH – … Continue reading ANS and Another v ML: SCS 21 Jun 2011

Mosendz v Ukraine: ECHR 17 Jan 2013

ECHR Positive obligationsArticle 2-1LifeEffective investigationFailure to establish responsibility of senior officers for conscript’s suicide following incident of hazing: violationFacts – In April 1999 the applicant’s son, who was performing mandatory military service at the time, was found dead, with gunshot wounds to his head, about six hundred metres from his post. A criminal investigation which … Continue reading Mosendz v Ukraine: ECHR 17 Jan 2013

Sukran Aydin And Others v Turkey: ECHR 22 Jan 2013

ECHR Article 10-1Freedom of expressionConviction for having spoken non-official language during election campaigns: violationArticle 46Article 46-2Execution of judgmentMeasures of a general characterRespondent State required to reform the system of judicial disciplineFacts – The applicants, candidates in parliamentary and municipal elections, were convicted and sentenced to prison terms and fines for having spoken Kurdish during rallies, … Continue reading Sukran Aydin And Others v Turkey: ECHR 22 Jan 2013

Oleksandr Volkov v Ukraine: ECHR 9 Jan 2013

ECHR Article 6Civil proceedingsArticle 6-1Impartial tribunalIndependent tribunalStructural defects of the system of judicial discipline: violationFair hearingAbsence of limitation period for imposing disciplinary penalty on judges and abuse of electronic vote system in Parliament when adopting decision on judge’s dismissal: violationsTribunal established by lawComposition of chamber examining applicant’s case defined by a judge whose term of … Continue reading Oleksandr Volkov v Ukraine: ECHR 9 Jan 2013

Eweida And Others v The United Kingdom: ECHR 15 Jan 2013

ECHR Article 9-1 Manifest religion or belief Disciplinary measures against employees for wearing religious symbols (cross) at work or refusing to perform duties they considered incompatible with their religious beliefs: violation; no violations Article 14 Discrimination Disciplinary measures against employees for wearing religious symbols (cross) at work or refusing to perform duties they considered incompatible … Continue reading Eweida And Others v The United Kingdom: ECHR 15 Jan 2013

Karabet And Others v Ukraine: ECHR 17 Jan 2013

ECHR Article 3TortureEffective investigationLarge-scale violence against prisoners to punish them for peaceful hunger strike and absence of effective investigation: violationsFacts – In January 2007 the applicants, who were all serving prison sentences, took part in a hunger strike with other prisoners to protest about their conditions of detention. A week later the prison authorities conducted … Continue reading Karabet And Others v Ukraine: ECHR 17 Jan 2013

Legillon v France: ECHR 10 Jan 2013

ECHR Article 6Criminal proceedingsArticle 6-1Criminal chargeFair hearingAssize court judgment containing statement of reasons for jury’s guilty verdict: violation; no violation[This summary also covers the judgment in the case of Agnelet v. France, no. 61198/08, 10 January 2013]Facts – In Agnelet, the applicant was sentenced in 2007 by the Assize Court to twenty years’ imprisonment for … Continue reading Legillon v France: ECHR 10 Jan 2013