discriminations

Different disabilities benefits to paraplegic citizens and war veterans. Logical and reasoned distinction of benefits. Non-violation of the ECHR

JUDGMENT Popović and others v. Serbia 30.6.2020 (no. 26944/13, 14616/16, 14619/16 and 22233/16) see here SUMMARY The case concerned the applicants’ complaint that the domestic legislation on disability benefits for paraplegics was discriminatory. They alleged in particular that paraplegic civilians such as themselves were awarded fewer benefits than war veterans with the same disability. The […]

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Sharia and its application. Greece has one year in order to restore the right of ownership of the applicant. Measures and alternatives

GRAND CHAMBER JUDGMENT Molla Sali v. Greece  18.06.2020 (no. 20452/14) Βλ. εδώ SUMMARY The case Molla Sali v. Greece (application no. 20452/14) concerned the application by the Greek courts of Sharia law to an inheritance dispute among Greek nationals belonging to the Muslim minority. In its principal judgment delivered on 19 December 2018 by the […]

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απαλλοτρίωση

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

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 […]

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

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 […]

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Horizontal reduction in non-differentiated rent allowance to woman victim of domestic violence violates the ECHR

JUDGMENT J.D. and Α v. United Kingdom 24.10.2019  (no. 32949/17 and 34614/17) see here   SUMMARY The case concerned the applicants’ complaint that new rules on housing benefit in the social housing sector (informally known as “the bedroom tax”) discriminated against them because of their particular situations: the first applicant cares for a disabled daughter while […]

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Refusal to grant methadone treatment to drug addicts did not violate their right to privacy

JUDGMENT Abdyusheva and others v. Russia  26/11/2019  (no. 58502/11), see here SUMMARY Public health and state protection. The opioid addicts have sought to replace the treatment they received in public hospitals with methadone and buprenorphine. The Russian state has refused because of the danger of the indicated treatment for their health, considering it inappropriate. The […]

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

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 […]

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National courts in child custody cases must take into account evidence presented by a party and carry out a thorough examination of the family situation. Violation of family life.

JUDGMENT  Širvinskas v. Lithuania 23.07.2019 (no. 21243/17) see here  SUMMARY Interest of the child and arrangement of his residence in the event of divorce of his/her parents. The applicant had a daughter with his former wife. Because of personal reasons their marriage ended. The mother did not comply with the original settlement agreement of joined custody […]

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Inability of wheelchair user to access specific cinema in Geneva did not breach Convention protection of private life

JUDGMENT Glaisen v. Switzerland 18.07.2019 (no. 40477/13) see here SUMMARY  Person with disabilities.  Right of access to the cinema. Inability of a paraplegic wheelchair user notto gain access to a cinema in Geneva. The Court held that Article 8 (right to respect for private and family life) could not be interpreted as requiring access to […]

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Rape, abduction and harassment of a woman from her former partner. Threats against her, cutting her car brakes with the purpose to kill and forced abortion. The Court has condemned the authorities’ indifference to domestic violence. Unfair and degrading treatment of a woman.

JUDGMENT  Volodina v. Russia 09.07.2019 (no. 41261/17) see here   SUMMARY  Domestic Violence and Discrimination Against Women. Insufficient legal status to deal with. The applicant complained that the Russian authorities had not protected her from repeated violent attacks, abductions, rapes and threat on behalf of her former partner.The Court found that the applicant had been subjected […]

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