discriminations

A transexual prostitute was arrested for disrupting traffic in order to find a client! Violation of the right to liberty

JUDGMENT DUĞAN v. TÜRKİYE 07.02.2023 (app. no. 84543/17) see here SUMMARY The application concerns the applicant’s being taken to a police station for disrupting traffic. The applicant alleged that this infringed her right to liberty and her right not to be discriminated against, respectively under Articles 5 and 14 of the Convention. She maintained that there was […]

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Concealment of a police officer who was committing domestic violence. Inability of the authorities to protect women victims. Violation of the right to life

JUDGMENT Α and Β v. Georgia 10.02.2022 (app. no. 73975/16) see here SUMMARY Domestic violence, increased responsibility of the authorities for effective research and combating of gender discrimination. Obligation of the state to maintain citizens’ trust in the police. The case involved incidents of ongoing domestic violence by a police officer against his partner, which […]

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Prohibition of voting in local elections for internally displaced persons in Ukraine! Violation for discrimination because their special situation was not taken into account!

JUDGMENT Selygenenko and others v. Ukraine 21.10.2021  (app. no. 24919/16 and 28658/16) see here SUMMARY The applicants, who are all internally displaced persons who fled the conflict in Donetsk and the Crimea, came to Kyiv in 2014-15. The case concerned the alleged discriminatory denial of a vote to them in the Kyiv local elections in […]

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απαλλοτρίωση

Contradictory decisions of the Supreme Court and rejection of a claim for additional compensation in expropriation despite the fact that in similar cases the claim had been accepted. Violation of property rights

JUDGMENT Aliyeva and others v. Azerbaijan 21.09.2021 (app. no. 66249/16 and 6 others applications) see here SUMMARY Right to the peaceful enjoyment of possessions. Legal uncertainty due to contradictory decisions of the Supreme Court on the same issue. The applicants sought additional court compensation of 20% under domestic law for the expropriation of their property […]

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Inability of a Roma grandmother to exercise her communication rights regarding her granddaughter despite their strong ties, on the grounds that she was coming from a family of criminals! Violation of the right to respect for family life

JUDGMENT Terna v. Italy 14.01.2021 (no. 21052/18) see here SUMMARY Right of family life of grandmother – granddaughter and ethnic discrimination The applicant is a Roma national. She was assigned custody of her minor granddaughter when the girl’s parents were jailed for serious offenses. With various court proceedings under the supervision of the competent Judge, […]

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

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

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The arrest of a protester violated her freedom of assembly because she could not participate in the demonstration. Police duty to protect LGBT community protesters from homophobic attacks

JUDGMENT
Berkman v. Russia 1.12.2020 (app. no. 46712/15)
The case  concerned a public LGBTI (lesbian, gay, bisexual, transgender and intersex) meeting in St Petersburg and the authorities’ failure to protect
participants from aggressive counter-demonstrators.
The Court found in particular that a State did not just have a duty under the Convention not to
interfere with the right to freedom of assembly. For that right to be genuine and effective, the
authorities also had an obligation to facilitate access to meetings and ensure participants’ safety.

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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

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 […]

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

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 […]

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Police called lesbian women “sick” and “perverted” and carried out unwarranted physical searches. Conviction for degrading treatment of LGBT people.

JUDGMENT Aghdgomelashvili and Japaridze v. Georgia  08.10.2020 (app.no. 7224/11) see here SUMMARY Police violence and LGBT community. Police operation in the office of an LGBT organization in Tbilisi. The applicants, who worked for the organization, complained that the police had insulted and threatened them, and that they had been subjected to degrading physical investigations. More […]

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