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Ageyevy v Russia: ECHR 18 Apr 2013

ECHR Positive obligationsArticle 8-1Respect for private lifeFailure adequately to investigate unauthorised disclosure of confidential information or to protect reputation and right to be presumed innocent of parent suspected of child abuse: violationsRespect for family lifeRevocation of adoption while criminal proceedings for suspected child abuse were still pending: violationFailure adequately to investigate unauthorised disclosure of confidential … Continue reading Ageyevy v Russia: ECHR 18 Apr 2013

Nazarenko v Russia: ECHR 16 Jul 2015

ECHR Article 8 Positive obligations Article 8-1 Respect for family life Complete and automatic exclusion of applicant from child’s life after it was established he was not the biological father: violation Facts – During their marriage, the applicant and his wife had a daughter A. The couple later divorced and the applicant enjoyed shared custody … Continue reading Nazarenko v Russia: ECHR 16 Jul 2015

Nicklinson and Lamb v The United Kingdom: ECHR 23 Jun 2015

ECHR Article 8-1 Respect for private life Ban on assisted suicide and voluntary euthanasia: inadmissible Facts – The first applicant is the wife of Tony Nicklinson, now deceased, who suffered locked-in syndrome following a stroke. The second applicant was paralysed following a car accident. His condition is irreversible. Both men wish/ed to end their lives … Continue reading Nicklinson and Lamb v The United Kingdom: ECHR 23 Jun 2015

Segerstedt-Wiberg and Others v Sweden: ECHR 6 Jun 2006

The Court, having regard to the scope of the notion of ‘private life’ as interpreted in its case-law . . finds that the information about the applicants that was stored on the Secret Police register and was released to them clearly constituted data pertaining to their ‘private life’. Indeed, this embraces even those parts of … Continue reading Segerstedt-Wiberg and Others v Sweden: ECHR 6 Jun 2006

MA v Austria: ECHR 15 Jan 2015

Article 8 Positive obligations Article 8-1 Respect for family life Failure to conduct return proceedings under Brussels IIa regulation expeditiously and efficiently: violation Facts – The applicant is an Italian national whose partner (the first applicant in the case of Povse v. Austria*) removed their daughter from Italy, where the family lived, to Austria in … Continue reading MA v Austria: ECHR 15 Jan 2015

Hromadka And Hromadkova v Russia: ECHR 11 Dec 2014

ECHR Article 8 Positive obligations Article 8-1 Respect for family life Failure to take all necessary measures to enable father and daughter to maintain and develop family life with each other in international abduction case: violation Facts – The first applicant, a Czech national, married a Russian national in 2003. The couple settled in the … Continue reading Hromadka And Hromadkova v Russia: ECHR 11 Dec 2014

Garnaga v Ukraine: ECHR 16 May 2013

ECHR Article 8Positive obligationsArticle 8-1Respect for family lifeRespect for private lifeRefusal to allow a change of patronymic: violationFacts – In March 2004 the applicant, a Ukrainian national, lodged a request for a change of her patronymic to one derived from her stepfather’s forename. The Registration Office refused on the grounds that the Rules on Civil … Continue reading Garnaga v Ukraine: ECHR 16 May 2013

Dubska And Krejzova v The Czech Republic: ECHR 11 Dec 2014

dubskaECHR201412 ECHR Article 8-1 Respect for private life Legislation preventing health professionals assisting with home births: no violation Facts – The applicants wished to give birth at home, but under Czech law health professionals are prohibited from assisting with home births. The first applicant eventually gave birth to her child alone at home while the … Continue reading Dubska And Krejzova v The Czech Republic: ECHR 11 Dec 2014

Gross v Switzerland: ECHR 14 May 2013

gross_switzerlandECHR2013 ECHR Article 8 Positive obligations Article 8-1 Respect for private life Lack of clear legal guidelines regulating the prescription of a drug to enable individual not suffering from a terminal illness to commit suicide: violation Facts – For many years, the applicant had expressed the wish to end her life as she was becoming … Continue reading Gross v Switzerland: ECHR 14 May 2013

Vool And Toomik v Estonia: ECHR 29 Mar 2022

ECHR Judgment : Article 14+8-1 – Prohibition of discrimination : Third Section Citations: 7613/18, [2022] ECHR 268 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 09 May 2022; Ref: scu.675491

Gardner and Another, Regina (on The Application of) v Secretary of State for Health and Social Care and Others: Admn 27 Apr 2022

Patient transfer policy was unlawful The claimants had relatives who died in care homes early in the COVID-19 pandemic. They said that the policy of moving patients from hospitals to care homes without testing had contributed to the deaths, and many others, and had been unlawful. The respondents said that at the time it was … Continue reading Gardner and Another, Regina (on The Application of) v Secretary of State for Health and Social Care and Others: Admn 27 Apr 2022

Vilnes And Others v Norway: ECHR 5 Dec 2013

ECHR Article 8 Positive obligations Article 8-1 Respect for private life State’s failure to ensure that essential information regarding risks associated with use of decompression tables were available to divers: violation Facts – The applicants were former divers engaged in diving operations, including test dives, in the North Sea. They were recruited by diving companies … Continue reading Vilnes And Others v Norway: ECHR 5 Dec 2013

Vilenchik v Ukraine: ECHR 3 Oct 2017

ECHR Judgment : No violation of Article 8 – Right to respect for private and family life Article 8 – Positive obligations Article 8-1 – Resp… Citations: 21267/14, [2017] ECHR 817 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.608031

Silva v Portugal: ECHR 3 Oct 2017

ECHR Judgment : No violation of Article 8 – Right to respect for private and family life Article 8-1 – Respect for family life Respect for p… Citations: 72105/14, [2017] ECHR 818 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.608006

Severe v Austria: ECHR 21 Sep 2017

ECHR Judgment : Violation of Article 8 – Right to respect for private and family life Article 8 – Positive obligations Article 8-1 – Respect… Citations: 53661/15, [2017] ECHR 792 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607882

Ml v Norway: ECHR 7 Sep 2017

ECHR Judgment : No violation of Article 8 – Right to respect for private and family life Article 8-1 – Respect for family life Citations: 43701/14, [2017] ECHR 772 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607874

Zb v Croatia: ECHR 11 Jul 2017

ECHR Judgment : Violation of Article 8+8-1 – Right to respect for private and family life Article 8 – Positive obligations Article 8 – Rig… Citations: 47666/13, [2017] ECHR 652 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607844

Ms v Ukraine: ECHR 11 Jul 2017

ECHR Judgment : Violation of Article 8 – Right to respect for private and family life Article 8 – Positive obligations Article 8-1 – Respect… Citations: 2091/13, [2017] ECHR 651 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607796

Mcilwrath v Russia: ECHR 18 Jul 2017

ECHR Judgment : Violation of Article 8 – Right to respect for private and family life Article 8 – Positive obligations Article 8-1 – Respect… Citations: 60393/13, [2017] ECHR 679 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607790

Dakir v Belgium: ECHR 11 Jul 2017

ECHR Judgment : No violation of Article 8 – Right to respect for private and family life Article 8-1 – Respect for private life No violatio… Citations: 4619/12, [2017] ECHR 656 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607753

Petrie v Italy: ECHR 18 May 2017

ECHR Judgment : No violation of Article 8 – Right to respect for private and family life Article 8-1 – Respect for private life Citations: 25322/12, [2017] ECHR 464 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607577

Barbulescu v Romania: ECHR 12 Jan 2016

ECHR Monitoring employee electronic communications : Press Release ECHR Judgment : Violation of Article 8 – Right to respect for private and family life Article 8-1 – Respect for correspondence Citations: 61496/08, [2016] ECHR 61, [2017] ECHR 742, [2017] ECHR 754 Links: Bailii, Bailii, Bailii Statutes: European Convention on Human Rights Human Rights Updated: 05 … Continue reading Barbulescu v Romania: ECHR 12 Jan 2016

Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014

Criminality of Assisting Suicide not Infringing The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to prosecutions of those who are alleged to have assisted a … Continue reading Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014

MN And Others v San Marino: ECHR 7 Jul 2015

ECHR Article 8-1 Respect for correspondence Respect for private life Lack of safeguards related to decision to copy and store bank documents: violation Facts – In May 2009 the Italian authorities asked the San Marino authorities by letters rogatory for assistance in obtaining documentation and carrying out searches in banks and other institutions potentially related … Continue reading MN And Others v San Marino: ECHR 7 Jul 2015

Oliari And Others v Italy (LS): ECHR 21 Jul 2015

ECHR Article 8 Positive obligations Article 8-1 Respect for family life Respect for private life Lack of legal recognition of same-sex partnerships: violation Facts – The applicants are three couples living in stable same-sex relationships who were not allowed to publish marriage banns because the Italian Civil Code provided that the spouses had to be … Continue reading Oliari And Others v Italy (LS): ECHR 21 Jul 2015

Oliari And Others v Italy: ECHR 21 Jul 2015

The claimants complained of the ban in Italy on the recognition of same sex relationships. Despite several rulings of the Italian Constitutional Court that they had a constitutional right to have their relationships recognised by the law, the Italian state had failed over some thirty years to provide a legal means for them to obtain … Continue reading Oliari And Others v Italy: ECHR 21 Jul 2015

Nicklinson and Lamb v United Kingdom: ECHR 16 Jul 2015

The applicants, suffering life threatening and severely disabling conditions, complained of laws which would allow the criminal prosecutions of those assisting them to end their lives. Guido Raimondi, P 2478/15, [2015] ECHR 709 Bailii European Convention on Human Rights Human Rights Citing: At SC – Nicklinson and Another, Regina (on The Application of) SC 25-Jun-2014 … Continue reading Nicklinson and Lamb v United Kingdom: ECHR 16 Jul 2015

Chiragov And Others v Armenia: ECHR 16 Jun 2015

ECHR Grand Chamber – Article 1 Jurisdiction of states Jurisdiction of Armenia as regards Nagorno-Karabakh and the adjacent occupied territories Article 8 Article 8-1 Respect for family life Respect for home Respect for private life Denial of access to homes to Azerbaijani citizens displaced in the context of the Nagorno-Karabakh conflict: violation Article 13 Effective … Continue reading Chiragov And Others v Armenia: ECHR 16 Jun 2015

Sargsyan v Azerbaijan: ECHR 16 Jun 2015

ECHR Article 1 Jurisdiction of states Jurisdiction of Azerbaijan as regards a disputed area near Nagorno-Karabakh on the territory of Azerbaijan Article 8 Article 8-1 Respect for family life Respect for home Respect for private life Impossibility for an Armenian citizen displaced in the context of the Nagorno-Karabakh conflict to gain access to his home … Continue reading Sargsyan v Azerbaijan: ECHR 16 Jun 2015

Zaiet v Romania: ECHR 24 Mar 2015

ECHR Article 8-1 Respect for family life Annulment of adoption order, 31 years after its issue and at the request of the adoptee’s sister: violation Facts – The applicant was adopted at the age of 17. Her adoptive mother had another adopted daughter. Following the death of the mother, in 2003 the two sisters were … Continue reading Zaiet v Romania: ECHR 24 Mar 2015

Kotiy v Ukraine: ECHR 5 Mar 2015

ECHR Article 8-1 Respect for private life Detention and preventive measures outside the country where the applicant worked and lived with his family: violation Article 5 Article 5-1 Lawful arrest or detention Detention and preventive measures in the absence of reasonable suspicion of an offence: violation Facts – In April 2008 the Kyiv Police Department … Continue reading Kotiy v Ukraine: ECHR 5 Mar 2015

Apostu v Romania: ECHR 3 Feb 2015

ECHR Article 8-1 Respect for private life violation Facts – In 2011 the applicant, a former mayor, was placed in pre-trial detention on suspicion of corruption and forgery. Before he was committed to stand trial, several newspapers published information and documents from the investigation file, quoting extracts from intercepted telephone conversations and referring to aspects … Continue reading Apostu v Romania: ECHR 3 Feb 2015

Penchevi v Bulgaria: ECHR 10 Feb 2015

ECHR Article 8-1 Respect for family life violation Facts – The first applicant was the mother of the second applicant, a minor child. In 2010, following the breakdown of the first applicant’s marriage to the child’s father, the applicants left the matrimonial home in Bulgaria. The first applicant subsequently requested the father’s consent to allow … Continue reading Penchevi v Bulgaria: ECHR 10 Feb 2015

Gozum v Turkey: ECHR 20 Jan 2015

Article 8 Positive obligations Article 8-1 Respect for family life Respect for private life Lacuna in Turkish law on the replacement of the first name of the biological mother of one of the unmarried adoptive mother on personal documents of the adopted child: violation In fact – In May 2007 the applicant, single adoptive mother, … Continue reading Gozum v Turkey: ECHR 20 Jan 2015

Hoon v The United Kingdom (Dec): ECHR 13 Nov 2014

ECHR Article 8-1 Respect for private life Publication of parliamentary investigation into conduct of former Minister: inadmissible Article 6 Civil proceedings Article 6-1 Civil rights and obligations Complaints relating to parliamentary investigation into conduct of former Minister: inadmissible Facts – The case concerned the investigation by parliamentary authorities into the applicant, a former government minister, … Continue reading Hoon v The United Kingdom (Dec): ECHR 13 Nov 2014

Kruskic And Others v Croatia (Dec): ECHR 25 Nov 2014

ECHR Article 8-1 Respect for family life Refusal of claim by grandparents for custody of their grandchildren: inadmissible Facts – The first and second applicants were the grandparents of the third and fourth applicants, who were born in 2006 and 2005 respectively. In 2008 the children’s mother and in 2011 their father left the household … Continue reading Kruskic And Others v Croatia (Dec): ECHR 25 Nov 2014

Elberte v Latvia: ECHR 13 Jan 2015

ECHR Article 3 Degrading treatment Emotional suffering caused by removal of tissue from the applicant’s deceased husband’s body without her knowledge or consent: violation Article 8 Article 8-1 Respect for private life Lack of clarity in domestic law on consent of close relatives to tissue removal from dead body: violation Facts – Following the death … Continue reading Elberte v Latvia: ECHR 13 Jan 2015

Henry Kismoun v France: ECHR 5 Dec 2013

ECHR Article 8 Positive obligations Article 8-1 Respect for family life Respect for private life Refusal to permit change of name requested with a view to unifying family surname: violation Facts – The applicant was listed in the civil status register under his mother’s surname, Henry. He has dual nationality, Algerian through his father and … Continue reading Henry Kismoun v France: ECHR 5 Dec 2013

VP v Russia: ECHR 23 Oct 2014

ECHR Article 8 Positive obligations Article 8-1 Respect for family life Failure to enforce residence order concerning child abducted by his mother: violation Facts – In 2008 the applicant’s former wife took their child from Moldova, where they lived, to Russia without the applicant’s consent. Shortly before the abduction, the applicant had filed a request … Continue reading VP v Russia: ECHR 23 Oct 2014

Jeunesse v The Netherlands (Legal Summary): ECHR 3 Oct 2014

ECHR Article 8-1 Respect for family life Refusal to grant residence permit on ground of family life despite existence of exceptional circumstances: violation Facts – The applicant, a Surinamese national, entered the Netherlands in 1997 on a tourist visa and continued to reside there after her visa expired. She married a Dutch national and they … Continue reading Jeunesse v The Netherlands (Legal Summary): ECHR 3 Oct 2014

Konovalova v Russia: ECHR 9 Oct 2014

ECHR Article 8-1 Respect for private life Presence without mother’s consent of medical students during child birth: violation Facts – The applicant was admitted to a public hospital in anticipation of the birth of her child. At the time of her admission, she was handed a booklet advising patients about their possible involvement in the … Continue reading Konovalova v Russia: ECHR 9 Oct 2014

Tanda-Muzinga v France: ECHR 10 Jul 2014

ECHR Article 8 Positive obligations Article 8-1 Respect for family life Delays and lack of transparency in family reunification proceedings: violation Facts – In the year 2000 the applicant, a Congolese national, was granted refugee status under the mandate of the Office of the United Nations High Commissioner for Refugees in Cameroon (UNHCR Cameroon). According … Continue reading Tanda-Muzinga v France: ECHR 10 Jul 2014

Husayn (Abu Zubaydah) v Poland: ECHR 24 Jul 2014

ECHR Article 3 Torture Effective investigation Extradition Torture and inhuman and degrading treatment during and following applicants’ extraordinary rendition to CIA: violations Article 5 Article 5-1 Lawful arrest or detention Detention during and following operation involving extraordinary rendition to CIA: violations Article 6 Criminal proceedings Article 6-1 Fair hearing Extraordinary rendition to CIA despite real … Continue reading Husayn (Abu Zubaydah) v Poland: ECHR 24 Jul 2014

Al Nashiri v Poland (Legal Summary): ECHR 24 Jul 2014

ECHR Article 3 Torture Effective investigation Extradition Torture and inhuman and degrading treatment during and following applicants’ extraordinary rendition to CIA: violations Article 2 Extradition Article 2-1 Death penalty Extraordinary rendition to CIA of suspected terrorist facing capital charges: violation Article 5 Article 5-1 Lawful arrest or detention Detention during and following operation involving extraordinary … Continue reading Al Nashiri v Poland (Legal Summary): ECHR 24 Jul 2014

Lopez-Guio v Slovakia: ECHR 3 Jun 2014

ECHR Article 8-1 Respect for family life Lack of participation of a parent in proceedings concerning the return of his child under the Hague Convention: violation Facts – The applicant, a Spanish national, had a child with a Slovak woman in Spain. A year later the mother took the child to Slovakia. The applicant lodged … Continue reading Lopez-Guio v Slovakia: ECHR 3 Jun 2014

Nusret Kaya and Others v Turkey: ECHR 22 Apr 2014

ECHR Article 8-1 Respect for correspondence Respect for family life Restriction on Turkish prisoners using Kurdish when telephoning: violation Facts – During their imprisonment, the applicants were prevented by the prison authorities from conducting telephone conversations in Kurdish with their relatives. Their appeals against those restrictions were dismissed. Law – Article 8: The restriction imposed … Continue reading Nusret Kaya and Others v Turkey: ECHR 22 Apr 2014

LH v Latvia: ECHR 29 Apr 2014

Article 8-1 Respect for private life Lack of precision of domestic law allowing public authority collection of applicant’s medical data: violation Facts – During her delivery in a public hospital in 1997, the surgeon performed tubal litigation on the applicant without her consent. After failing to reach an out-of-court settlement, the applicant filed a civil … Continue reading LH v Latvia: ECHR 29 Apr 2014

McInnes v Her Majesty’s Advocate: SC 10 Feb 2010

The defendant complained that the prosecution had not disclosed the fact that a prosecution witness had convictions, and that had it been disclosed it would have undermined the prosecution. Other statements taken were not disclosed as had later become standard practice. Held: The test for whether should have been disclosed is to ask whether there … Continue reading McInnes v Her Majesty’s Advocate: SC 10 Feb 2010

Benzer And Others v Turkey: ECHR 12 Nov 2013

ECHR Article 2 Positive obligations Article 2-1 Life Effective investigation Article 2-2 Use of force Bombing of civilian villages by military aircraft and subsequent failure to conduct an effective investigation: violation Article 3 Inhuman treatment Anguish and distress as a result of bombing of civilian villages: violation Article 38 Article 38-1-a Obligation to furnish all … Continue reading Benzer And Others v Turkey: ECHR 12 Nov 2013

Putistin v Ukraine: ECHR 21 Nov 2013

Article 8-1 Respect for private life Alleged failure to secure the right to reputation of an applicant whose father was allegedly defamed: no violation Facts – The applicant is the son of Mikhail Putistin, now deceased, a former Dynamo Kyiv football player who took part in a game known as the ‘Death Match’ in 1942. … Continue reading Putistin v Ukraine: ECHR 21 Nov 2013

Putistin v Ukraine (Football ‘Death Match’): ECHR 21 Nov 2013

The applicant complained of a breach of the right to protection of his reputation as a result of the domestic courts’ refusal to rectify defamatory information about his father that had been published in the newspaper Komsomolska Pravda. Mark Villiger, P 16882/03 – Chamber Judgment, [2013] ECHR 1154 Bailii European Convention on Human Rights Citing: … Continue reading Putistin v Ukraine (Football ‘Death Match’): ECHR 21 Nov 2013

Soderman v Sweden: ECHR 12 Nov 2013

Grand Chamber – Article 8 Positive obligations Article 8-1 Respect for private life Lack of clear statutory provisions criminalising act of covertly filming a naked child: violation Facts – In 2002, when the applicant was fourteen years old, she discovered that her stepfather had hidden a video camera in the laundry basket in the bathroom. … Continue reading Soderman v Sweden: ECHR 12 Nov 2013

Helander v Finland (Dec): ECHR 10 Sep 2013

Article 8-1 – Respect for correspondence – Refusal by prison authorities to transmit to prisoner e-mail from his lawyer: inadmissible Facts – While the applicant was in prison, his lawyer sent him an e-mail using the prison’s e-mail account. The prison governor refused to transfer the e-mail to the applicant and advised the lawyer to … Continue reading Helander v Finland (Dec): ECHR 10 Sep 2013

Sabanchiyeva And Others v Russia (Dec): ECHR 6 Jun 2013

ECHR Article 8-1Respect for family lifeRespect for private lifeStatutory ban on returning bodies of terrorists for burial: violationArticle 3Inhuman treatmentConditions of storage of the bodies of the applicants’ deceased relatives: no violationFacts – Early in the morning of 13 October 2005 law-enforcement agencies in the town of Nalchik were attacked by armed insurgents. The fighting … Continue reading Sabanchiyeva And Others v Russia (Dec): ECHR 6 Jun 2013

Peruzzo And Martens v Germany (Dec): ECHR 4 Jun 2013

ECHR Article 8-1Respect for private lifeTaking and retention of DNA profiles of convicted criminals for use in possible future criminal proceedings: inadmissibleFacts – The first applicant had been convicted of several drug-related offences when a district court ordered cellular material to be taken from him with a view to determining his DNA profile for identification … Continue reading Peruzzo And Martens v Germany (Dec): ECHR 4 Jun 2013

Mater v Turkey: ECHR 16 Jul 2013

54997/08 – Chamber Judgment, [2013] ECHR 687 Bailii European Convention on Human Rights Human Rights Cited by: Full judgment – Mater v Turkey (LS) ECHR 16-Jul-2013 Article 8-1Respect for private lifeNewspaper editorial criticising applicant without insulting her or calling for the use of violence: no violationFacts – The applicant wrote a book containing the testimonies … Continue reading Mater v Turkey: ECHR 16 Jul 2013

Kurkowski v Poland: ECHR 9 Apr 2013

Kurkowski_polandECHR2013 ECHR Article 8-1Respect for family lifeUnjustified physical separation of detainee from visiting family members: violationFacts – The applicant was detained on remand between December 2004 and October 2006. During that period, on one occasion the authorities rejected his request to have an additional family visit without justifying their decision. On three further occasions the … Continue reading Kurkowski v Poland: ECHR 9 Apr 2013

Petrova v Latvia: ECHR 24 Jun 2014

pterova_latviaECHR2007 ECHR Article 8-1 Respect for private life Removal of organs for transplantation without knowledge or consent of closest relatives: violation Facts – In 2002 the applicant’s adult son died in a public hospital in Riga as a result of serious injuries sustained in a car accident. The applicant subsequently discovered that her son’s kidneys … Continue reading Petrova v Latvia: ECHR 24 Jun 2014

Mater v Turkey (LS): ECHR 16 Jul 2013

Article 8-1Respect for private lifeNewspaper editorial criticising applicant without insulting her or calling for the use of violence: no violationFacts – The applicant wrote a book containing the testimonies of former soldiers who had fought against the PKK (Workers’ Party of Kurdistan). She was prosecuted in connection with its publication on a charge of insulting … Continue reading Mater v Turkey (LS): ECHR 16 Jul 2013

Khodorkovskiy and Lebedev v Russia: ECHR 25 Jul 2013

ECHR Article 7-1 Nullum crimen sine lege Interpretation of offence of tax evasion derived by reference to other areas of law: no violation Article 6 Civil proceedingsCriminal proceedings Article 6-1 Impartial tribunalIndependent tribunalAlleged lack of impartiality of trial judge who had already taken procedural decisions adverse to defence and had sat in trial of co-accused: … Continue reading Khodorkovskiy and Lebedev v Russia: ECHR 25 Jul 2013

Hamalainen v Finland: ECHR 16 Jul 2014

ECHR Grand Chamber – Article 8-1 Respect for family life Respect for private life Refusal to give applicant female identity number following sex change unless marriage was transformed into civil partnership: no violation Facts – Under Finnish law marriage is only permitted between persons of opposite sex. However, while same-sex couples are not permitted to … Continue reading Hamalainen v Finland: ECHR 16 Jul 2014

Eremia v The Republic of Moldova: ECHR 28 May 2013

eremia_moldovaECHR2013 ECHR Article 3Inhuman treatmentPositive obligationsFailure of authorities to take adequate measures to protect applicant and her daughters from domestic violence: violationArticle 8Positive obligationsArticle 8-1Respect for private lifeFailure of authorities to take adequate measures to protect daughters traumatised as a result of witnessing their father’s violent assaults on their mother: violationArticle 14DiscriminationFailure of judicial system … Continue reading Eremia v The Republic of Moldova: ECHR 28 May 2013

Soderback v Sweden: ECHR 28 Oct 1998

ECHR Sweden – adoption of a child granted to mother’s husband, without the consent of the natural father (Chapter 4, section 6, of the Parental Code) ARTICLE 8 OF THE CONVENTION Not disputed that there existed certain ties between the applicant father and his daughter M. – in the light of this, and bearing in … Continue reading Soderback v Sweden: ECHR 28 Oct 1998

Elan-Cane, Regina (on The Application of) v The Secretary of State for The Home Department and Another: CA 10 Mar 2020

No right to non-gendered passport The claimant sought judicial review of the police of the respondent’s policy requiring a passport applicant to identify themselves as either male or female. The claimant began life as a female, but, with surgery, asserted a non-gendered identity. Held: The appeal failed: ‘Where it has been held that there is … Continue reading Elan-Cane, Regina (on The Application of) v The Secretary of State for The Home Department and Another: CA 10 Mar 2020

Dzhugashvili v Russia (Dec) (Joseph Stalin): ECHR 9 Dec 2014

No defamation for deceased grandfather ECHR Article 8-1 Respect for private life Dismissal of claim for defamation of applicant’s grandfather, the former Soviet leader Joseph Stalin: inadmissible Facts – The applicant is the grandson of the former Soviet leader, Joseph Stalin. In 2009 he sued the Novaya Gazeta newspaper for defamation after it published an … Continue reading Dzhugashvili v Russia (Dec) (Joseph Stalin): ECHR 9 Dec 2014

Martinez v Spain: ECHR 12 Jun 2014

martinez_spainECHR1407 Grand Chamber – Article 8-1 Respect for private life Refusal to renew teacher of Catholic religion and morals’ contract after he publicly revealed his position as a ‘married priest’: no violation Facts – The applicant is a secularised Catholic priest. In 1984 he applied to the Vatican for dispensation from the obligation of celibacy. … Continue reading Martinez v Spain: ECHR 12 Jun 2014