discriminations

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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παιδί

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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διάκριση

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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περιουσία

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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police violence

Non-research into racist motivation in cases of police violence against Roma is inhuman and degrading treatment

JUDGMENT M.F. v. Hungary  31-10-2017 (no.  45855/12)  see here   SUMMARY  Police violence with racial motivation. A Hungarian citizen with Roma origin became a victim of ill-treatment and the authorities failed to conduct an effective investigation into his allegations. Unfair or degrading treatment both in terms of abuse and procedural aspects of ineffective research coupled with […]

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