Member states have obligations to ensure that citizens of each state were given opportunity to vote in European elections. Britain failed to give the vote to its citizens in Gibraltar in breach of the convention right to participate in free elections. The European Parliament is for these purposes a legislature within the meaning of A3P1 … Continue reading Matthews v The United Kingdom: ECHR 18 Feb 1999
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fifth Section Citations: 32088/11, [2022] ECHR 980 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 December 2022; Ref: scu.682593
ECHR Article 10-1Freedom to impart informationFreedom to receive informationConviction and order to pay damages for operating website allowing third parties to share files in breach of copyright: inadmissibleFacts – During 2005 and 2006 the two applicants were involved in different aspects of one of the world’s largest file sharing services on the Internet, the website … Continue reading Neij And Sunde Kolmisoppi v Sweden: ECHR 19 Feb 2013
ECHR Judgment : No Article 1 of Protocol No. 1 – Protection of property : Fifth Section Citations: 2317/20, [2022] ECHR 982 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 December 2022; Ref: scu.682608
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fifth Section Citations: 58364/10, [2020] ECHR 359 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.650988
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Third Section Citations: 5738/18, [2020] ECHR 284 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.650982
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fourth Section Citations: 21743/15, [2022] ECHR 936 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.682624
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : First Section Committee Citations: 21954/16, [2020] ECHR 362 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 December 2022; Ref: scu.650991
ECHR Article 1 para. 2 of Protocol No. 1 Control of the use of property Forfeiture of a civil servant’s wrongfully acquired property as part of domestic anti-corruption measures: no violation Facts – In 2004 the first applicant, a former government minister, was charged with abuse of authority and extortion. The Public Prosecutor’s Office of … Continue reading Gogitidze And Others v Georgia: ECHR 12 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
ECHR Grand Chamber Article 37 Article 37-1 Striking out applications Application concerning absence of suspensive effect of application for judicial review of deportation order or of refusal of leave to remain: struck out following friendly settlement Article 13 Effective remedy Absence of suspensive effect of application to Aliens Appeals Board for judicial review of deportation … Continue reading SJ v Belgium (Striking Out): ECHR 19 Mar 2015
ECHR Judgment : Violation of Article 1 of Protocol No. 1 – Protection of property Article 1 para. 1 of Protocol No. 1 – Peaceful enjoyment Citations: 7359/14, [2017] ECHR 531 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607679
ECHR Judgment : Violation of Article 1 of Protocol No. 1 – Protection of property Article 1 para. 2 of Protocol No. 1 Citations: 33076/10, [2017] ECHR 594 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607681
ECHR Judgment : Remainder inadmissible Article 35-1 – Exhaustion of domestic remedies Violation of Article 1 of Protocol No. 1 Citations: 20086/13, [2017] ECHR 614 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607668
The appellants were widowers whose wives had died at a time when the benefits a widow would have received were denied to widowers. The legislation had since changed but they variously sought compensation for the unpaid sums. Held: The appeal succeeded. By 1995 discrimination as to pensions was no longer supportable. And those appellants pursuing … Continue reading Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: CA 18 Jun 2003
A single homosexual man complained that the respondent state had made it impossible for him to adopt a child. Held: The claim was within the ambit of article 8 as regards respect for family life, but the court dismissed the claim under article 14 in conjunction with article 8, on margin of appreciation grounds. The … Continue reading Frette v France: ECHR 26 Feb 2002
ECHR Judgment : Article 2 of Protocol No. 4 – Freedom of movement-{general} : Fifth Section Committee Citations: 22271/14, [2018] ECHR 943 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 November 2022; Ref: scu.631231
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : First Section Committee Citations: 22662/10, [2020] ECHR 234 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.649749
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Second Section Citations: 4601/06, [2020] ECHR 245 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.649737
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Second Section Committee Citations: 55887/07, [2020] ECHR 226 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.649736
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Third Section Citations: 79177/16, [2020] ECHR 134 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.649681
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Third Section Citations: 45720/17, [2020] ECHR 138 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.649655
ECHR Judgment : No Article 4 of Protocol No. 4 – Prohibition of collective expulsion of aliens-{general} : Third Section Citations: 24917/15, [2020] ECHR 243 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 November 2022; Ref: scu.649716
ECHR Judgment : No Article 1 of Protocol No. 1 – Protection of property : Second Section Citations: 82968/17, [2020] ECHR 135 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 November 2022; Ref: scu.649693
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
ECHR Article 10-1Freedom of expressionConviction of photographers for copyright infringement through publication on the Internet of photographs of fashion show: no violationARTICLE 10Freedom of expressionno violationFacts – The applicants are fashion photographers. Accredited by the French designers’ federation Federation francaise de la couture for different fashion publications, they were invited by various fashion houses to … Continue reading Ashby Donald And Others v France: ECHR 10 Jan 2013
FTTTx INCOME TAX – Appeal against amendment made by a closure notice – Whether Tribunal has the power to allow an appeal on grounds that the application of the law in the circumstances of the particular case would be manifestly unreasonable and unjust and would not achieve the purposes of the legislation – European Convention … Continue reading Anderson v Revenue and Customs: FTTTx 18 Feb 2013
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fourth Section Committee Citations: 39954/19, [2022] ECHR 904 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.681858
The Appellant has presented a claim in the Employment Tribunal in which she alleges that she was dismissed by the Respondent and that the dismissal amounted to sex discrimination and/or victimisation on the ground that she had done a protected act, contrary to the Equality Act 2010. She appeals against the Employment Tribunal’s refusal to … Continue reading Steer v Stormsure Ltd (Sex Discrimination, Human Rights): EAT 21 Dec 2020
ECHR The case concerned the complaints of two young men of Roma origin that their education in schools for the mentally disabled had been the result of misplacement and had amounted to discrimination. Violation of Article 2 of Protocol No. 1 (right to education) read in conjunction with Article 14 (prohibition of discrimination)The Court underlined … Continue reading Horvath And Kiss v Hungary: ECHR 29 Jan 2013
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Third Section Citations: 57273/13, [2018] ECHR 973 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 November 2022; Ref: scu.631241
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fifth Section Citations: 20611/10, [2018] ECHR 947 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 November 2022; Ref: scu.631255
ECHR Article 3 Torture Alleged complicity in practice of rendition of persons to secret detention sites at which illegal interrogation methods were employed: communicated Effective investigation Alleged failure to acknowledge and investigate details of ill-treatment and enforced disappearance: communicated [This summary also covers the communicated case of Al Nashiri v. Romania, no. 33234/12.] The applicant, … Continue reading Al Nashiri v Poland: ECHR 10 Jul 2012
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Second Section Committee Citations: 10596/13, [2022] ECHR 898 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 November 2022; Ref: scu.681864
LRA An application to cancel a unilateral notice in respect of shooting rights on the basis that such rights interfered with the registered proprietors’ human rights under Article 8 of the European Convention on Human Rights and Article 1 of the First Protocol. Human rights found to have no relevance to the question of cancellation, … Continue reading Gunnerside Estates Limited v Terence Milner, Cynthia Mary Milner (Easements): LRA 18 Aug 2010
The applicant challenged the decision of the respondent Northern Ireland Local Government Officers’ Superannuation Committee (‘NILGOSC’) made on 1 July 2011, by which it declined to pay a survivor’s pension to the applicant following the death of her co-habiting partner. She argued that the absolute requirement of nomination imposed on unmarried partners as a condition … Continue reading Brewster, Re Judicial Review: QBNI 9 Nov 2012
LRA Easements and Profits A Prendre – Applicants held to have acquired a right of way by lost modern grant and under the Prescription Act 1832, the user having been acquiesced in at latest from 1984, following the Applicants’ decision to ignore an offer of a limited licence to use the route. Subsequent correspondence from … Continue reading Webb, Perks v Walsall Metropolitan Borough Council: LRA 5 May 2011
ECHR Judgment : Article 3 of Protocol No. 1 – Right to free elections-{general} : Third Section Citations: 2513/14, [2022] ECHR 754 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 November 2022; Ref: scu.681680
Judgment : Violation of Article 1 of Protocol No. 1 – Protection of property (Article 1 para. 1 of Protocol No. 1 – Deprivation of property ECHR Judgment : Pecuniary damage – award : Third Section Citations: 45668/05, [2017] ECHR 278, [2021] ECHR 184 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human … Continue reading Volchkova and Mironov v Russia: ECHR 28 Mar 2017
Article 1 of Protocol No. 1 Article 1 para. 1 of Protocol No. 1 Peaceful enjoyment of possessions Loss of two-thirds of old-age pension as a result of introduction of legislation effectively deciding outcome of pending litigation against the State: violation Article 6 Civil proceedings Article 6-1 Fair hearing Introduction of legislation effectively deciding outcome … Continue reading Stefanetti And Others v Italy: ECHR 15 Apr 2014
The claimants sought judicial review of schemes which they said appeared to require them to work for free in order to claim Jobseekers Allowance. Held: Judicial review was granted. There had been a breach of regulation 4(2) of the 2011 Regulations, because the Secretary of State had breached regulation 4(2), by the failure to provide … Continue reading Reilly and Another, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 6 Aug 2012
Judgment : Violation of Article 1 of Protocol No. 1 – Protection of property (Article 1 para. 1 of Protocol No. 1 – Peaceful enjoyment of property Citations: 63391/13, [2017] ECHR 333 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.590397
Judgment : Violation of Article 3 of Protocol No. 1 – Right to free elections-{general} (Article 3 of Protocol No. 1 – Stand for election Citations: 20411/11, [2017] ECHR 356 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.590396
Judgment : Violation of Article 1 of Protocol No. 1 – Protection of property (Article 1 para. 1 of Protocol No. 1 – Peaceful enjoyment of property Citations: 37006/13, [2017] ECHR 314 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.581396
(Judgment : Violation of Article 14+P1-1-1 – Prohibition of discrimination (Article 14 – Discrimination) (Article 1 of Protocol No. 1 – P) Citations: 59752/13, [2017] ECHR 274 Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.581391
Judgment : Violation of Article 1 of Protocol No. 1 – Protection of property (Article 1 para. 1 of Protocol No. 1 – Deprivation of property Citations: 65688/12, [2017] ECHR 297 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.581388
The Court found violations of the Convention concerning lack of access to a court and the breach of the applicant’s rights to peaceful enjoyment of their possession (violations of Article 6, paragraph 1, and Article 1 of Protocol No. 1) (see details in Appendix). Held: Greater justification is required if fees are imposed at an … Continue reading Weissman And Others v Romania: ECHR 2 Dec 2011
The claimant Iraqi nationals complained of their long term detention by British forces in Iraq, and of their transfer to the Iraqi authorities for trial for murder. Held: The transfer was a breach of the applicants’ rights. The Iraqis had re-introduced the death penalty for such crimes which they said amounted to war crimes. The … Continue reading Al-Saadoon and Mufdhi v The United Kingdom: ECHR 2 Mar 2009
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Second Section Citations: 72783/11, [2022] ECHR 806 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 October 2022; Ref: scu.681754
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : First Section Committee Citations: 47880/14, [2018] ECHR 944 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 22 October 2022; Ref: scu.631260
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fifth Section Committee Citations: 29389/09, [2019] ECHR 926 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 October 2022; Ref: scu.646777
ECHR Judgment : No Article 1 of Protocol No. 1 – Protection of property : Third Section Citations: 77335/14, [2019] ECHR 916 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 October 2022; Ref: scu.646772
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Third Section Citations: 53068/08, [2019] ECHR 688 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 October 2022; Ref: scu.646589
ECHR Judgment : Article 1 of Protocol No. 12 – General prohibition of discrimination Respondent State to take measures of a gene… : Fourth Section Citations: 30100/18, [2019] ECHR 780 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 October 2022; Ref: scu.646571
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fourth Section Committee Citations: 61022/10, [2019] ECHR 869 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 October 2022; Ref: scu.646793
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fifth Section Citations: 25601/12, [2019] ECHR 912 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 October 2022; Ref: scu.646763
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : First Section Committee Citations: 7834/12, [2019] ECHR 717 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 October 2022; Ref: scu.646625
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Third Section Citations: 57752/16, [2019] ECHR 696 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 October 2022; Ref: scu.646593
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Second Section Citations: 48171/10, [2019] ECHR 783 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 October 2022; Ref: scu.646566
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Third Section Committee Citations: 53716/17, [2019] ECHR 541 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 October 2022; Ref: scu.646480
ECHR Judgment : Article 4 of Protocol No. 7 – Right not to be tried or punished twice-{general} : Grand Chamber Citations: 54012/10, [2019] ECHR 530 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 October 2022; Ref: scu.646475
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Third Section Committee Citations: 52673/15, [2020] ECHR 62 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 October 2022; Ref: scu.646367
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fifth Section Committee Citations: 32899/13, [2022] ECHR 742 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 October 2022; Ref: scu.681172
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fourth Section Committee Citations: 36407/12, [2019] ECHR 712 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 October 2022; Ref: scu.646665
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Second Section Committee Citations: 36660/10, [2019] ECHR 939 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 October 2022; Ref: scu.646736
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Second Section Committee Citations: 45102/04, [2019] ECHR 858 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 October 2022; Ref: scu.646741
ECHR Judgment : Article 3 of Protocol No. 1 – Right to free elections-{general} : Fifth Section Committee Citations: 19854/13, [2022] ECHR 740 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 October 2022; Ref: scu.681165
ECHR Judgment : Article 3 of Protocol No. 1 – Right to free elections-{general} : Fifth Section Committee Citations: 78181/12, [2022] ECHR 729 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 October 2022; Ref: scu.681179
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (victim); Preliminary objection rejected (non-exhaustion); Violation of Art. 8; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – Convention proceedingsThe applicants were an unmarried couple who could not marry, and so legitimate their daughter, the third applicant, because … Continue reading Johnston and Others v Ireland: ECHR 18 Dec 1986
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fifth Section ECHR Judgment : Pecuniary damage – award : Fifth Section Citations: 77508/11, [2019] ECHR 552, [2020] ECHR 306 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 October 2022; Ref: scu.646495
ECHR Judgment : No Article 1 of Protocol No. 1 – Protection of property : Third Section Citations: 20319/17, [2019] ECHR 697 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 October 2022; Ref: scu.646570
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fifth Section Committee Citations: 72954/11, [2020] ECHR 11 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 October 2022; Ref: scu.646377
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Third Section Committee Citations: 22456/15, [2018] ECHR 1009 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 October 2022; Ref: scu.631269
The applicants complained that as an unmarried couple they had been excluded from consideration as adopters. Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater commitment to traditional family structures did not however justify the difference. The rules were unlawful discrimination.Lord Hoffmann … Continue reading In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008
The applicant complained that the United Kingdom authorities’ refusal to grant him widows’ social security and tax benefits or equivalent constituted discrimination on grounds of sex contrary to Article 14 of the Convention in conjunction with Article 1 of Protocol No. 1. Citations: 63479/00, [2008] ECHR 246 Links: Bailii Statutes: European Convention on Human Rights … Continue reading Bond v The United Kingdom: ECHR 1 Apr 2008
The applicant complained under Articles 8 and 14 of the Convention and Article 1 of Protocol No. 1 that, because he was a man, he was denied social security benefits equivalent to those received by widows. Citations: 61949/00, [2008] ECHR 225 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: … Continue reading McNamee v The United Kingdom: ECHR 27 Mar 2008
ECHR Article 46-2 Execution of judgment Measures of a general character Respondent State required to establish without delay political system in which all citizens have the right to stand for elections without discrimination Article 14 Discrimination Ineligibility to stand for election without declaration of affiliation to one of constitutionally defined ‘constituent peoples’: violation Article 1 … Continue reading Zornic v Bosnia and Herzegovina: ECHR 15 Jul 2014
The claimant challenged the decision of the Secretary of State for Work and Pensions to recover from her an overpayment of income support in 1996 and 1997 by way of the deduction from current payments to her of employment and support allowance, saying that the continued recovery of the overpayment in this way breached her … Continue reading McGrath v Secretary of State for Work and Pensions: Admn 20 Apr 2012
The applicant complained under Article 6 of the Convention and Article 2 of Protocol No. 7 about the alleged impossibility to appeal against the ruling of 10 April 2006 by which the Mostyskyy District Court had ordered to confiscate 29,400 US dollars from him as a sanction for a breach of customs rules (an administrative … Continue reading Plakhov v Ukraine: ECHR 27 Mar 2012
The applicant complained under Articles 8 and 14 of the Convention and Article 1 of Protocol No. 1 that, because he was a man, he was denied social security benefits equivalent to those received by widows. Citations: 14549/02, [2008] ECHR 244 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights, Benefits, … Continue reading Cummins v The United Kingdom: ECHR 1 Apr 2008
The claimant, a widow, said that he had been denied the benefits (the Widowed Mother’s Allowance) which would have been available to a woman in his circumstances. Held: The claim had been settled on the respondent admitting that there was no objective justification for the difference in treatment. Citations: 12828/02, [2008] ECHR 245 Links: Bailii … Continue reading Robertson v The United Kingdom: ECHR 1 Apr 2008
ECJ Opinion – (Principles Of Community Law) Regulation (EC) No 343/2003 – Transfer of asylum seekers to the Member State responsible for examining the asylum application – Obligation on the transferring Member State to exercise the right to assume responsibility for the examination itself under Article 3(2) of Regulation No 343/2003 – Compatibility of the … Continue reading NS v Secretary of State For The Home Department: ECJ 22 Sep 2011
ECHR Article 37-1 Striking out applications State’s unilateral declaration recognising violation of applicants’ rights and awarding compensation: struck out Facts – The applicants were two religious groups and six individuals. In 2002 the two applicant groups’ enrolment in the national register of associations was annulled as they could not be classified as a private-law entity … Continue reading Union of Jehovah’s Witnesses of Georgia and Others v Georgia (Dec): ECHR 21 Apr 2015
ECHR Article 14 Discrimination Alleged discrimination in entitlement to social security benefits of prisoners in psychiatric care compared to other persons detained for psychiatric treatment: inadmissible Facts – Under the relevant domestic legislation prisoners were not entitled to social security benefits while serving a prison sentence, including during any periods they were required to spend … Continue reading SS And Others v The United Kingdom (Dec): ECHR 21 Apr 2015
The applicant alleged that his disenfranchisement because he was serving a term of imprisonment of more than one year constituted a breach of his rights under Article 3 of Protocol No. 1. Judges: Christos Rozakis, P Citations: (2011) 52 EHRR 5, [2010] ECHR 508, 20201/04 Links: Bailii Statutes: European Convention on Human Rights P1A3 Citing: … Continue reading Frodl v Austria: ECHR 8 Apr 2010
Statement of Facts Citations: 19840/09, [2010] ECHR 2222 Links: Bailii Statutes: European Convention on Human Rights, Representation of the People Act 1983 Cited by: Statement of Facts – Shindler v The United Kingdom ECHR 7-May-2013 Article 3 of Protocol No. 1VoteRestriction on voting rights of non-resident citizens: no violationFacts – The applicant, a British national, … Continue reading Shindler v The United Kingdom: ECHR 20 Dec 2010
The defendant appealed against sentence, saying that given his serious medical condition, any imprisonment would threaten his human rights. Held: The court set out the law. A court imposing a sentence should not concern itself with the adequacy of arrangements in prisons save where the nere fact of inprisonmentt will inevitably expose the prisoner to … Continue reading Regina v Qazi and Another: CACD 4 Nov 2010
UTLC COMPENSATION–whether the 3 year time limit provided by section 19(3) of the Land Compensation Act 1973 for making a claim for compensation in respect of depreciation in value of interest in land caused by the use of a highway is incompatible with the claimants’ Convention rights under article 1 of the First Protocol and/or … Continue reading Thomas and Others v Bridgend County Borough Council: UTLC 29 Jul 2010
The court referred the following questions to the ECJ: ‘(1) Does a decision made by a Member State under Article 3(2) of . . Regulation No 343/2003 whether to examine a claim for asylum which is not its responsibility under the criteria set out in Chapter III of the Regulation fall within the scope of … Continue reading NS, Regina (on The Application of) v Secretary of State for The Home Department: CA 12 Jul 2010
Grand ChamberThe Court summarised the effect of Sporrong: ‘The Court reiterates that, according to its case-law, Article 1 of Protocol No 1, which guarantees in substance the right of property, comprises three distinct rules (see, inter alia, James v United Kingdom (1986) 8 EHRR 123, para 37): the first, which is expressed in the first … Continue reading Depalle v France: ECHR 29 Mar 2010
ECHR Article 3 of Protocol No. 1 Vote Automatic and indiscriminate disenfranchisement of persons convicted of intentional offences, irrespective of the nature and gravity of the offence: violation Facts – Under Turkish law, persons convicted of having intentionally committed an offence are unable to vote. Their disenfranchisement does not come to an end if they … Continue reading Soyler v Turkey: ECHR 17 Sep 2013
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Third Section Citations: 35802/16, [2022] ECHR 582 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 August 2022; Ref: scu.679144
A Russian woman, aged 20, had gone to work as an artiste in a cabaret in Cyprus. Three weeks later she was found dead in a street. Held: The Court upheld her father’s complaint that Cyprus was in breach of article 4 in that its regime for the issue of visas for cabaret artistes had … Continue reading Rantsev v Cyprus And Russia: ECHR 7 Jan 2010
The applicants were detained at Rampton. The form of detention denied the access to space in which they would be able to smoke cigarettes to comply with the law. Held: The claim failed. The legislative objectives were sufficiently serious to support as rational the imposition of the rules. Having a mental illness is not a … Continue reading G, Regina (on the Application of) v Nottinghamshire Healthcare NHS Trust: Admn 20 May 2008
A home will usually be the place, the physically defined area, where private and family life develops and that the individual has a right to the quiet enjoyment of that area. Citations: 59909/00, [2006] ECHR 916, (2006) 45 EHRR 871, (2007) 45 EHRR 38 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights … Continue reading Giacomelli v Italy: ECHR 2 Nov 2006
The council tenant had wished to appeal following a possession order made after her tenancy had been demoted. The court handed down a supplemental judgment to give effect to its earlier decision. The Court had been asked ‘whether article 8 of the . . Convention . . requires a court, which is being asked to … Continue reading Manchester City Council v Pinnock: SC 9 Feb 2011
(Grand Chamber) The applicant alleged that her disqualification from standing for election to the Latvian Parliament and to municipal elections infringed her rights as guaranteed by Article 3 of Protocol No. 1 to the Convention, and Articles 10 and 11 of the Convention. Citations: [2006] ECHR 231, [2006] ECHR 994, 58278/00 Links: Worldlii, Bailii Statutes: … Continue reading Zdanoka v Latvia: ECHR 16 Mar 2006
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
Three prisoners raised questions as to the circumstances in which the Parole Board is required to hold an oral hearing before making an adverse decision. One of the appeals (Osborn) concerned a determinate sentence prisoner who was released on licence but then recalled to custody. The other appeals (Booth and Reilly) were indeterminate sentence prisoners … Continue reading Osborn v The Parole Board: SC 9 Oct 2013
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : First Section Committee Citations: 48981/17, [2022] ECHR 512 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 August 2022; Ref: scu.678939