Article 14

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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διάκριση

The refusal to grant pension due to nationality is contrary with the ECHR

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 […]

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Θρησκευτική Ελευθερία

Convicting a witness of contempt of court for refusing to remove his skullcap was not necessary in a democratic society

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. […]

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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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ECHRCaseLaw

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