διακρίσεις Archives

Violation of privacy due to the referral into a court decision on the sexual preferences and choices of the alleged rape victim! Judicial degradation of gender-based violence

Article 14
30/05/2021 18:36

JUDGMENT J.L. v. Italy 27.05.2021 (app. no. 5671/16) see here SUMMARY The case concerned criminal proceedings against seven men who had been charged with the gang rape of the applicant and had been acquitted by the Italian courts. The Court held that the applicant’s rights and interests under Article 8 had not been adequately protected, […]

Protection of vulnerable groups from eviction from the Court! An interesting intervention regarding the protection the home

1st P - Article 1
21/12/2020 18:40

JUDGMENT
Béla Németh v. Hungary 17.12.2020 (app. no. 73303/14)
The case concerned the applicant’s not being able to take possession of a property he had bought
owing to a legal moratorium on evictions. State bodies had been exempt from the moratorium. He
had had to wait two years before ultimately being able to exercise his ownership rights.
The Court found that the moratorium had had a basis in law, had served a legitimate interest, and, in
particular, had not deprived him of his legitimate expectation regarding ownership of the property,
merely delayed it.
The Court also found that the applicant’s situation had not been comparable to that of State actors
and as such he had suffered no discrimination

Termination of widow’s pension after the children came of age, because as a man is able to return to work. Violation of gender equality and family life

Article 14
25/10/2020 11:09

JUDGMENT Β. v. Switzerland 20.10.2020 ( app. no. 78630/12) see here SUMMARY The case concerned the widower’s pension to which the applicant had ceased to be entitled after his younger daughter had reached the age of majority. The Federal Law on Old-Age and Survivors’ Insurance provides that entitlement to a widower’s pension ends when the […]

Recall of a diplomat from her position due to pregnancy. The different treatment was justified to ensure the operation of the embassy.

Article 1 of the 12th Protocol
21/10/2020 10:03

JUDGMENT Napotnik v. Romania 20-10-2020 (app. no. 33139/13) see here SUMMARY The case concerned a diplomat’s allegation that she had been recalled from her post in the Romanian Embassy in Ljubljana because she was pregnant. The Court found that the applicant had been treated differently on grounds of sex, but that the domestic authorities had […]

Failure to provide of statutory specialised learning support to an autistic child in the first two years of primary school violated her right to education.

1st P - Article 2
11/09/2020 15:05

JUDGMENT G.L. v. Italy 10.09.2020 (app. no. 59751/15) see here SUMMARY The case concerned the inability for a young girl suffering from nonverbal autism (G.L.) to receive specialised learning support during her first two years of primary education (between 2010 and 2012) even though the support was provided for by law. The Government relied, in […]

Eviction of Ukrainian Orthodox Church from a church and chapel demolition. Rejection due to lack of risk of irreparable damage to a fundamental right.

1st P - Article 1
04/09/2020 09:18

JUDGMENT «Ukrainian Orthodox Church of the Kyiv Patriarchate in Crimea» v. Russia 01.09.2020 (app. 33931/19 and 33585/20). Interim Measures SUMMARY Eviction from a church and demolition of a chapel. Application for temporary measures by the Ukrainian Orthodox Church in Crimea, so that the Russian authorities do not evict them from the cathedral in Simferopol and […]

The condition of adoption as recognition of the legal relationship between mother and child, born of a surrogate mother, does not constitute discrimination or violation of privacy.

Article 14
21/07/2020 06:53

JUDGMENT D. v. France 16.07.2020 (app. no. 11288/18) see here SUMMARY The case concerned the refusal to record in the French register of births, marriages and deaths the details of the birth certificate of a child born abroad through a gestational surrogacy arrangement in so far as the certificate designated the intended mother, who was […]

The retroactive application of a law by which the owners receive within a time-frame of 10 years as compensation for expropriation 10% of the value of the property does not violate the ECHR! An alarming decision by the Court

1st P - Article 1
21/05/2020 09:54

JUDGMENT Beshiri v. Albania 07.05.2020 ( application no. 29026/06 and 11 other applications) see here SUMMARY The applicants were real estate owners whose property were expropriated for reasons of public interest. For a long time they had not been compensated and although they had succeeded in issuing irrevocable decisions that gave justice to them, they […]

Prohibition of minority participation in national elections. Violation of the right to free elections and the right to non-discrimination

1st P - Article 3
25/03/2020 18:00

JUDGMENT Cegolea v, Romania 24.03.2020 (no. 25560/13) see here SUMMARY Minorities and the right to free elections. A legal representative of an institution representing the Italian minority in Romania claimed to have been discriminated against over the right to vote in the parliamentary elections of 09.12.2012. The institution of which he was a member and […]

State party surveillance in order to detect endeavours hostile to the constitution. Appeals for failure to exhaust domestic remedies are inadmissible.

Article 10
27/08/2019 09:20

JUDGMENT Alternative für Deutschland v. Germany 04.07.2019 (no. 57939/18) see here SUMMARY German party surveillance suspected of hostile endeavours against the Constitution. Non-exhaustion of internal remedies. The case concerned public comments by the Federal Office for the Protection of the Constitution about its suspicion of endeavours hostile to the constitution by the applicant party. The Court found […]

διακρίσεις