Article 14

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

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 […]

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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

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, […]

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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

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 […]

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

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. […]

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

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 […]

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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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Deportation of a foreigner from France to Morocco due to his involvement in terrorist acts.

JUDGMENT  A.S. v. France 19.04.2018 (no. 46240/15)  see here   SUMMARY  Deportation from France for involvement in terrorist acts. Request for asylum for fear of ill-treatment in the country of expulsion. Rejection of an asylum application. Article 3 (prohibition of torture and inhuman and degrading treatment) has not been violated. Infringement of Article 34 (right of […]

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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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