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
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
Article 8 Article 8-1 Respect for family life Refusal to transfer prisoner to a prison nearer home so that he could receive visits from his elderly mother: violation Facts – In his application to the European Court the applicant complained that he had been forced to serve his prison sentence far from his home, with … Continue reading Vintman v Ukraine: ECHR 23 Oct 2014
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
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
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
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
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_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
ECHR Article 14
Discrimination
More favourable conditions for family reunion applying to persons who had held Danish citizenship for at least 28 years: no violation
Article 8
Positive . .
Claim for a declaration under CPR Part 8 that it is not mandatory to bring before the Court the withdrawal of Clinically Assisted Nutrition and Hydration (‘CANH’) from a patient who has a prolonged disorder of consciousness in circumstances where . .
ECHR Judgment (Merits and just satisfaction) Preliminary objection rejected (estoppel); Violation of Art. 3; Violation of Art. 13; Not necessary to examine Art. 6-1; No violation of Art. 25-1; Not necessary to . .
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