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 […]
JUDGMENT A.R. and L.R. v. Switzerland 18/1/2018 (no. 22338/15) see here SUMMARY The case concerns the refusal by a Basle primary school to grant Ms A.R’s request that her daughter, then aged seven and about to move up to the second year of primary school, be exempted from sex education lessons. The Court found the […]
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 […]
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 […]
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. […]
JUDGMENT Ribać v. Slovenia 5.12.2017 (no. 57101/10) see here SUMMARY Pension. Refusal by the authorities to grant pension for a specific period to a person who did not have the Slovenian citizenship at that time. Double violation of the ECHR. Infringement of the prohibition of discrimination and the right to property protection. PROVISIONS Article 14 […]
JUDGMENT Hamidović v. Bosnia and Herzegovina 5.12.2017 (no. 57792/15) see here SUMMARY Refusal of a witness to remove his skullcap in the courtroom by order of the judge, as religious symbols were forbidden. Sentenced to a fine for disrespect of the court. The punishment imposed on him was not necessary in a democratic society. […]
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 […]
JUDGMENT Alexandru Enache v. Romania 3/10/2017 (no. 16986/12) see here SUMMARY Favorable treatment of detained mothers of underage children in relation to the fathers in prison. Right to suspend the punishment of mothers until their child becomes one year old, as opposed to fathers with newly born children. No violation of the prohibition of discrimination […]
JUDGMENT Carvalho Pinto de Sousa Morais v. Portugal 25-07-2017 (no. 17484/15) see here SUMMARY The applicant, suffering from a gynecological disease, underwent surgery in May 1995. Her intervention caused a number of problems due to the injury of a genetic nerve. She filed an action for damages against the hospital, which she won at first instance. […]
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