Article 14 Archives - Page 3 of 5

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

Article 14
September 12, 2018 8:12 am

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 […]

Refusal by national authorities to erase convictions from a criminal record. Revision of an ECtHR decision

Article 13
September 11, 2018 12:27 pm

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. […]

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

7th P - Article 1
September 7, 2018 7:08 am

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 […]

Discrimination in punishments in the light of the ECHR

Article 14
September 3, 2018 12:46 pm

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 […]

Terms and conditions for free movement in a foreign country

Article 14
August 31, 2018 2:41 pm

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 […]

Refusal to grant a delegation of parental custody within a female couple did not disclose any difference of treatment on grounds of sexual orientation

Article 14
August 31, 2018 8:11 am

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 […]

Exhaustion of legal remedies in national courts is a prerequisite for recourse to the Court

Article 14
August 30, 2018 1:32 pm

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 […]

Refusal to exempt primary school pupil from sex education did not breach Convention

Article 14
August 29, 2018 9:27 am

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 […]

Right to the hereditary portion have also children out of wedlock

Article 14
August 27, 2018 11:57 am

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 […]

Legislative imposition of a retroactive tax with retroactive effect is not prohibited by the First Protocol to the ECHR

1st P - Article 1
August 27, 2018 7:00 am

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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