Article 14

Separation between Roma and North Macedonian students by placing them in different schools. Unjustified discrimination and violation of the right to education

JUDGMENT Elmazova and others v. North Macedonia 13.12.2022 (app. no. 11811/20 and 13550/20) see here SUMMARY The case concerned alleged segregation between pupils of Roma and Macedonian ethnicity, who were predominantly placed in different schools in the cities of Bitola that belonged to the same catchment area, and allegedly in different classes in Shtip. The […]

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Inefficiency and non-implementation of the mechanism for the restoration of properties that had been nationalized and confiscated. Infringement of property right

JUDGMENT Văleanu and others v. Romania 08.11.2022 (app. no. 59012/17 and 29 others) see here SUMMARY The case concerned restitution of property, which had been nationalised by the communist regime, under the new Law no. 165/2013. The Court found in particular that even though it had validated the law in question in its Preda and […]

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Electoral system which in practice excluded representatives of national minorities from entering the Parliament. Violation of the right to free elections

JUDGMENT Bakirdzi and E.C. v. Hungary 10.11.2022 (app. no. 49636/14 and 65678/14) see here SUMMARY The European Court of Human Rights found that the system that had been put in place to ensure the political representation of national minorities in Hungary had ended up limiting their political effectiveness and threatened to reduce, rather than enhance, […]

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Rejection of a candidate from admission to military medical school because of height and weight. Prohibited discrimination

JUDGMENT Moraru v. Romania 08.11.2022 (app. no. 64480/19) see here SUMMARY The case concerned an allegation of discrimination in the admission process to become a military doctor. In particular, the authorities had refused in 2018 to allow the applicant to sit the entrance examination for military medical school because of her size. She was 150 […]

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Identity check by police officers of Pakistani national due to his nationality. There was no evidence of racial discrimination. No invasion of privacy

JUDGMENT Muhammad v. Spain 18.10.2022 (app. no. 34085/17) see here SUMMARY  Authentication within the legal framework. Sufficient legal scrutiny for the existence of racist motives. The applicant, a Pakistani national, was subjected to an identity check by the police in public, on the street, because of the dark color of his skin. He refused the […]

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Refusal of Swedish authorities to grant residence permits to mother and son due to temporary suspension of family reunification. No violation of family life

JUDGMENT Μ.Τ. and others v. Sweden  20.10.2022 (app. no.22105/18) see here SUMMARY The case concerned the suspension of family reunification in Sweden between July 2016 and July 2019 for those, such as the second applicant, who had been given temporary-protection status. The Court found in particular that Sweden had correctly balanced the needs of society […]

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Identity check on a train due to the color of the skin of the passenger. Insufficient judicial review of racially motivated crime. Violation for ineffective investigation

JUDGMENT Basu v. Germany 18.10.2022 (app. no. 215/19) see here SUMMARY Identification of a person belonging to an ethnic minority by police officers. The applicant is a German national but of Indian origin. Traveling by train with his daughter, an identity check was carried out by police officers. He claimed that it was done only […]

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Different judicial treatment in awarding benefits between judges and judicial officers. The different and unjustified treatment violated the ECHR

JUDGMENT Pinkas and others v. Bosnia and Herzegovina  04.10.2022 (app. no. 8701/21 ) see here SUMMARY The applicants, a group of 51 judicial clerks at the State Court, brought a joint civil action with judges from the same court, seeking payment of meal, travel and family separation allowances from 2009 onwards, on the basis of […]

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Difference in treatment, for granting citizenship, between siblings according to date of birth does not constitute discrimination

JUDGMENT Zeggai v. France 13.10.2022 (app. no. 12456/19) see here SUMMARY The case concerned the rejection of the applicant’s request for a certificate of French nationality. He was born in France, before Algerian independence, to parents who at the time were still French nationals. He has lived continuously in France and his brothers and sisters, […]

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The authorities’ failure to investigate rape victim’s allegation of death threats by her rapist father. Conviction for inhuman and degrading treatment

JUDGMENT J.I. v. Croatia 08.09.2022 (app. no. 35898/16) see here SUMMARY The case concerned a rape victim’s complaint that the authorities had not taken seriously her allegation that her rapist – her father – had threatened to kill her during prison leave. The European Court of Human Rights held that there had been a violation […]

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