Article 14

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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ECtHR advisory opinion at the request of the Council of State of France. Establishing criteria to examine the compatibility of the ECHR with a law related to the right to property

ADVISORY OPINION  Advisory opinion in response to a request (no. P16-2021-002) made by the Conseil d’État of the French Republic see here SUMMARY In its request, the Conseil d’État asked the Court about the relevant criteria for assessing the compatibility with Article 14 (prohibition of discrimination) of the European Convention on Human Rights taken together […]

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Multiple lawsuits by wife for domestic violence and menacing from her husband. Conduct of the trial 10 years after the commission of the act, resulting in the statute of limitations for the offences. Condemnation of Italy for degrading treatment

JUDGMENT M.S. v. Italy  07.07.2022 ( app. no.  32715/19) see here SUMMARY The case concerned the domestic violence to which the applicant was subjected by her husband. The applicant complained, in particular, that the respondent State had failed to protect and assist her. She also alleged that the authorities had not acted with the requisite […]

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Α woman’s confinement with a psychiatric disorder in a psychiatric hospital after three expert reports. Non-infringement of personal freedom

JUDGMENT P.W. v. Austria 21.06.2022 (app. no. 10425/19) see here SUMMARY Right to personal liberty. No deprivation of personal liberty is lawful unless it falls under the circumstances provided for in the Convention. The applicant suffers from a schizophrenic disorder, a fact of which she was unaware. She was accused of resisting during her arrest […]

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The refusal to allow a woman to receive income from a charitable foundation, on the basis of an Ottoman-era legal document.Conviction for gender discrimination and respect to property

JUDGMENT Dimici Vv. Turkey 05.07.2022 ( app. no. 70133/16) see here SUMMARY The  case concerned the conditions regulating the allocation of surplus income by the Örfioğlu Foundation (created in Diyarbakır in 1536, during the Ottoman period), which introduced a difference in treatment based on the sex of the entitled persons. Pursuant to the Foundation’s constituent […]

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Recognition of paternity by the national courts despite the father’s desire to do so extrajudicially before a notary! Violation of respect for family life and prohibition of discrimination

JUDGMENT Paparrigopoulos v. Greece 30.06.2022  (app. no. 61657/16) see here SUMMARY The case concerned proceedings for the judicial determination of paternity of the applicant’s daughter. The applicant complained in particular that domestic law had not afforded him the opportunity to acknowledge paternity voluntarily and that this had had the consequence of limiting his parental responsibility […]

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Employment periods in third countries and the acquisition of military service were not recognized by Latvia as pensionable time. No violation was found

JUDGMENT Savickis and others v. Latvia 09.06.2022 (app. no. 49270/11) GRAND CHAMBER DECISION see here SUMMARY The case concerned the payment of employment pensions in Latvia to “permanently resident noncitizens”, which did not take into account periods worked in other Soviet Republics at the time of the occupation of Latvia by the USSR, as compared […]

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The lack of accessibility for the disabled in municipal buildings did not consist discrimination, given the protection of cultural heritage and the public budget

JUDGMENT Arnar Helgi Lárusson v. Iceland 31.05.2022 (app. no. 23077/19) see here SUMMARY The case concerned Mr Lárusson’s access to municipal buildings which housed cultural and social institutions in Reykjanesbær as a wheelchair user. The applicant complained of a violation of his rights under Article 14 (prohibition of discrimination) of the Convention in conjunction with […]

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