Article 14 Archives

Homophobic verbal and physical attacks against a person of the same sex. Ineffective investigation by the authorities. Conviction for degrading treatment

Article 14
13/04/2024 19:43

JUDGMENT Karter v. Ukraine 11.04.2024 (app. no. 18179/17) see here SUMMARY Ineffective investigation into homophobic verbal and physical attacks on the complainant, motivated by his sexual orientation. The applicant suffered two assaults in 2015 and 2016 while out and about with a friend. He filed lawsuits and was prosecuted without any result. The applicant complained […]

Institutionalised neglect and psychiatric placement for mildly disabled child in State care illustrates systemic discrimination

Article 14
04/04/2024 18:45

JUDGMENT V.I. v. the Republic of Moldova 26.03.2024 (app. no. 38963/18) see here SUMMARY The case of V.I. v. the Republic of Moldova (application no. 38963/18) concerned the placement of an orphan who was perceived to have a mild intellectual disability in a psychiatric hospital against his will. He was under the care of the […]

Denial of parental leave to a male police officer despite being the sole parent caring for a newborn. Conviction for prohibited discrimination and violation of family life

Article 14
21/03/2024 09:58

JUDGMENT Β.Τ. v. Russia 19.03.2024 ( app. no. 15284/2019) see here SUMMARY The applicant, a police officer, applied for parental leave after the birth of his daughter. The child’s mother, who was hospitalized, refused to care for the infant and the applicant was left as the only parent responsible for the care of the child. […]

Suspension of payment of monthly allowance to an internally displaced person due to non-compliance with the law for opening an account in a state bank. No violation of the right to property

1st P - Article 1
18/02/2024 11:20

JUDGMENT Shylina v. Ukraine 15.02.2024 (app. no. 2412/19) see here SUMMARY The applicant is displaced from Crimea in Ukraine. She was entitled to a benefit from the State on condition that she opened an account in a certain State bank. The payment of the allowance was suspended because of her refusal to open an account […]

Refusal to grant the applicant the status of disabled person on the ground that no oral procedure was held. Infringement of the right to a fair trial

1st P - Article 1
11/02/2024 09:23

JUDGMENT Duric v. Serbia 06.02.2024 (app. no. 24989/17) see here SUMMARY The applicant applied to the competent administrative courts for recognition as a war invalid because at the age of only 13 he was injured by the remains of an explosive device from an earlier armed conflict that had not been destroyed. His request was […]

Lowering of the retirement age limit for female judges from 67 to 60 compared to 65 for men. Prohibited discrimination based on sex. Invasion of privacy

Article 14
26/10/2023 08:12

JUDGMENT Pająk and others v. Poland 24.10.2023 (app. no. 25226/18, 25805/18, 8378/19 and 43949/19). see here SUMMARY The case concerned four judges who complained about legislative amendments that had lowered the retirement age for judges from 67 to 60 for women, and to 65 for men, and had made the continuation of a judge’s duties […]

Courts while examining communication rights, custody and domestic violence cases must conduct a thorough inquiry into the best interests of the children

Article 14
18/10/2023 18:53

JUDGMENT Luca v. Moldova (app. no. 55351/17) and Bîzdîga v. Moldova (app. no. 15646/18) 17.10.23 see here SUMMARY Ms Luca’s case concerned allegations that the authorities had failed to protect her from domestic violence – which on one occasion had led to eight days’ hospitalisation – and to help her maintain her relationship with her […]

The reduction of the use of the Russian language in Latvian public schools did not violate the ECHR

Article 14
19/09/2023 20:05

JUDGMENT Valiullina and others v. Latvia 14.09.2023 (app. no. 56928/19, 7306/20 and 11937/20) see here SUMMARY Legislative changes in Latvia increased the proportion of subjects taught in public schools in Latvian, the country’s only official language, and thus reduced the use of Russian as the language of instruction. The right enshrined in Article 2 of […]

Authorities’ refusal to reveal donors’ gamete in assisted reproduction births did not violate privacy

Article 14
09/09/2023 17:32

JUDGMENT Gauvin–Fournis and Silliau v. France 07.09.2023 (app. no. 21424/16) see here SUMMARY The case concerned the inability, alleged by the applicants, who were born in the 1980s by means of medically assisted procreation (MAP) using third-party donors, to access information concerning the respective donors. This situation had lasted until 1 September 2022, when a […]

The lack of legal recognition of same-sex couples violates the ECHR. Providing legal recognition and protection to same-sex couples does not harm traditional families

Article 14
07/08/2023 07:34

JUDGMENT Maymulakhin and Markiv v. Ukraine 01.06.2023 (app. no. 75135/14) see here SUMMARY The applicants are a same-sex couple living in Ukraine. They requested a marriage license but the authorities refused on the grounds that their country’s legislation does not allow any type of union for same-sex couples. The ECtHR reiterated its longstanding position that […]

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