discriminations Archives

The unfavorable treatment regarding the inheritance of a child born out of wedlock in relation to children born in marriage constitutes a prohibitive discrimination and also violates the right to property

1st P - Article 1
11/05/2019 17:36

JUDGMENT Quilichini v. France 14.03.2019 (no. 38299/15) see here SUMMARY Child outside marriage and inheritance rights. Discrimination against the applicant as a child born outside marriage in relation to children born in marriage. The inheritance share of each of the children born in marriage was set at 5/12, whereas the applicant, who was born out […]

Greek Muslims should apply Sharia if they want it, and not necessarily. Condemnation of Greece from Strasbourg due to the inability of the Muslims to apply the Greek Civil Code

1st P - Article 1
19/12/2018 13:14

JUDGMENT Molla Sali v. Greece of the Grand Chamber 19.12.2018 (no. 20452/14) see here SUMMARY The case concerned the application by the domestic courts of Islamic religious law (Sharia) to an inheritance dispute between Greek nationals belonging to the Muslim minority, contrary to the will of the testator (a Greek belonging to the Muslim minority, […]

Murder of a Roma family by a police officer. The lenient penalty, the ineffective investigation and non prosecution of the police officer for racist violence violated the right to life

Article 14
11/12/2018 19:53

JUDGMENT Lakatošová and Lakatoš v. Slovakia 11.12.2018 (no. 655/16) see here SUMMARY The case concerned a shooting spree in 2012 by an off-duty police officer at the home of a Roma family. The two applicants in the case, a married couple, were seriously injured and three members of their family were killed. When questioned […]

Victory for the LGBT community against bans on public events in Russia.

Article 11
27/11/2018 17:53

JUDGMENT Alekseyev and others v. Russia 27.11.2018 (no. 14988/09 and 50 applications) see here SUMMARY The case, which brought together 51 applications from seven applicants, concerned the continued refusal by Russian authorities to approve organisers’ requests to hold LGBT rallies. The Court found that this case was relevantly similar to the case of Alekseyev v. […]

The parent can not be able to take measures that could harm his/her child. The removal of parental rights from a schizophrenic mother.

Article 8
03/11/2018 18:26

JUDGMENT S.S. v. Slovenia 30.10.2018 (no.40938/16) see here SUMMARY Parental rights and schizophrenia. Removing parental rights from a mother suffering from schizophrenia and the then adoption of the child. According to the national courts, despite her psychological problems, there was no realistic chance that the applicant would take care of her daughter diligently. She complained […]

The non-exhaustive judicial inquiry into the custody of the child has violated the right of the father and the child to family life.

Article 14
24/10/2018 13:55

JUDGMENT Petrov and X v. Russia 23.10.2018 (no. 23608/16) see here SUMMARY Child custody. Unreasonable and sufficient reasons that establish the custody of the child, and not to the father. No expert opinion was sought, nor was the father’s request examined, nor were the medical documents taken into account as evidence. The ECtHR held that the […]

Öcalan and Turkish prisons. An unexpected outcome

Article 2
27/09/2018 12:16

JUDGMENT Öcalan v. Turkey 27.09.2018 (no. 12261/10) see here SUMMARY The case mainly concerns allegations by Abdullah Öcalan that he was subjected to ill-treatment in 2008 during a search of his cell. Before being arrested in 1998, he was the leader of the PKK (Kurdistan Workers’ Party, an illegal organisation). As regards the allegations of […]

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

Article 13
13/09/2018 07:49

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 […]

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

Article 14
12/09/2018 08:12

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 […]

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

Article 13
11/09/2018 12:27

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. […]

discriminations