Family allowances: no discrimination against persons from the Roma ethnic group but excessive length of proceedings

JUDGMENT  Negrea and others v. Romania 19.07.2018 (no.  53183/07) see here   SUMMARY  The case concerned, among other things, allegations of indirect discrimination on the grounds of belonging to the Roma ethnic group, vis-à-vis the right to family allowances. The Court considered, firstly, that proceedings which lasted seven years and nine months, a duration which […]

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Dismissal as a security guard on account of sex is discriminatory and absence of adequate reasoning by a court of final instance may constitute a violation

JUDGMENT  Hülya Ebru Demirel v. Turkey 19.06.2018 (no. 30733/08) see here SUMMARY  The case concerned the applicant’s allegation of sexual discrimination because she was denied a job as a security officer at a state-run regional electricity distribution company. The applicant complained that the decisions of the administrative authorities and the courts constituted sex discrimination. She […]

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Refusal by national authorities to erase convictions from a criminal record. Revision of an ECtHR decision

JUDGMENT  Ε.Β. and others v. Austria 14.6.2018 (no. 31913/07, 38357/07, 48098/07, 48777/07 and 48779/07) see here SUMMARY Refusal by national authorities to remove and erase convictions from a criminal record of applicants. Infringement of Article 14 (non-discrimination), Article 8 (right to respect for private and family life) and Article 13 (right to an effective remedy. […]

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Discrimination in punishments in the light of the ECHR

JUDGMENT  Aleksandr Aleksandrov v. Russia  27.03.2018 (no. 14431/06) see here   SUMMARY Kicking a police officer and sentencing of the applicant. He was imprisoned on the grounds that he had no permanent residence. Infringement of the prohibition of discrimination in connection with the right to liberty and security. PROVISIONS Article 5 Article 14 PRINCIPAL FACTS  The […]

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Terms and conditions for free movement in a foreign country

JUDGMENT  Balta v. France 08.02.2018 (no. 19462/12) see here   SUMMARY  Parking ban on caravans in France. A Romanian citizen and caravan owner claims that his right to free movement was violated, as he could not park. However, in order to be able to enjoy this right, he had to meet the conditions for a […]

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Refusal to grant a delegation of parental custody within a female couple did not disclose any difference of treatment on grounds of sexual orientation

JUDGMENT  Bonnaud and Lecoq v. France 01.03.2018 (no. 6190/11) see here   SUMMARY  Assisted reproduction and homosexual couples. Annulment of the decision providing joint parental responsibility for the biological children of each of the applicants. No violation of the right to respect for privacy or the prohibition of discrimination. PROVISIONS Article 8 Article 14 PRINCIPAL FACTS  The applicants, Francine […]

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Exhaustion of legal remedies in national courts is a prerequisite for recourse to the Court

JUDGMENT  Charron and Merle–Montet v. France 08.02.2018 (no. 22612/15) see here   SUMMARY  Homosexual couple of women and medically assisted reproduction. Exclusion of the couple from the above procedure and issues of violation of the prohibition of discrimination and the right to respect for privacy. Failure to consider issues due to non-exhaustion of domestic remedies because the applicants did […]

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Right to the hereditary portion have also children out of wedlock

JUDGMENT  Wolter and Sarfert v. Germany 14.12.2017 (no. 59752/13 and 66277/13) see here   SUMMARY  Heirs. National legislation according to which children who were born outside marriage before 1949 have no inheritance right. Distinction between children born out of wedlock and within. Infringement of the prohibition of discrimination in connection with a violation of the right […]

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Legislative imposition of a retroactive tax with retroactive effect is not prohibited by the First Protocol to the ECHR

JUDGMENT  Ρ. Plaisier B.V. and others v. the Netherlands  7.12.2017 (no. 46184/16, 47789/16 and 19958/17) see here   SUMMARY  Exceptional tax charge as an austerity measure. Retroactive application of the special contribution. Article 1 of the First Protocol does not prohibit legislation imposing a retroactive tax charge. PROVISIONS  Article 1 of the First Additional Protocol Article […]

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ιδιωτική ζωή

The forced relocation of a family due to neighborly ethnic assaults violates the right to privacy.

JUDGMENT  Alković v. Montenegro 5.12.2017 (no. 66895/10) see here   SUMMARY  Ethnic and religious attacks on a Roma-Muslim and his child by their neighbors. Shots, threats and crosses at his door, forced the family to move. Ineffective research. Violation of the right to respect for privacy in conjunction with a breach of the prohibition of discrimination. […]

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