Article 14 Archives

Removal of child custody from the mother due to her same-sex relationship with another woman! Discrimination on the grounds of sexual orientation. Conviction from the Court

Article 14
17/09/2021 18:54

JUDGMENT Χ. v. Poland 16.09.2021 (app. no. 20741/10) see here SUMMARY The case concerned proceedings the applicant brought to contest the removal of her youngest child from her custody after her former husband obtained a change in the custody arrangements ordered in the divorce judgment. She alleged that the courts had acted in his favour […]

Rejection of men’s application for parental leave constitutes gender discrimination and violates family life!

Article 14
14/07/2021 19:49

JUDGMENT Gruba and others v. Russia 06.07.2021 (app. no. 66180/09, 30771/11, 50089/11 and 22165/12) see here SUMMARY Universal right to parental leave regardless of gender. Refusal to grant parental leave to men. Gender discrimination. Family life. Involvement of a prosecutor in a civil trial. Violation of equality of arms. The four applicants are male police […]

The applicant’s daughter was shot, resulting in her death by her ex-partner. Systemic failure of the police to prevent domestic and gender-based violence!

Article 14
08/07/2021 18:50

JUDGMENT Tkhelidze v. Georgia 8.7.2021 (app. no. 33056/17) see here SUMMARY Failure of the Georgian authorities to protect the applicant’s daughter from domestic and sexual violence by her ex-partner, resulting in her death. Failure to conduct an effective investigation into her death. The ECtHR found that the police should have been aware that the applicant’s […]

Removal of tcontact rights from a parent undergoing gender reassignment! Violation of respect for family life and non-discrimination

Article 14
06/07/2021 19:46

JUDGMENT A.M. and others v. Russia 06.07.2021 (app. no. 47220/19) see here SUMMARY Gender reassignment of the father and right of communication with his children. Court decision to deprive a parent of the right to communicate with his children, because he underwent gender reassignment surgery. The ECtHR found that: a) there was no evidence of […]

Ill-treatment of Avars by Chechens who were abducted, illegally detained, beaten and some of them disappeared. Violation of important rights of the ECHR

1st P - Article 1
28/06/2021 19:08

JUDGMENT Adzhigitova and others v. Russia 22.06.2021 (app. no. 40165/07 and 2593/08) see here SUMMARY In retaliation for an investigated violent incident, Chechen soldiers stormed Avar homes, abducted many of them, took them to public places, and mistreated them. Some of them disappeared after the end of the operation. The Court found that racial prejudice […]

Removal from office of a member of Parliament and disqualification from standing as an electoral candidate for 6 years on account of a criminal conviction: Non violation of the ECHRA

1st P - Article 3
19/06/2021 13:37

JUDGMENT Galan v. Italy 17.06.2021 (app. no. 63772/16) see here SUMMARY The case concerned the applicant’s forfeiture of his electoral seat as a member of parliament on account of a finding by Parliament that there was a ground of ineligibility following a conviction for corruption. The Court attached weight to the approach taken by the […]

Denial of recognition of religious association by the state. Discriminatory decision and absence of an effective remedy

Article 14
08/06/2021 19:52

JUDGMENT Ancient Baltic religious association Romuva v. Lithuania 8.6.2021 (application no. 48329/19) see here SUMMARY The case concerned the refusal by the Seimas (the Lithuanian Parliament) to grant to the applicant association the status of a State-recognised religious association. The Court found in particular that the State authorities had not provided a reasonable and objective […]

Violation of privacy due to the referral into a court decision on the sexual preferences and choices of the alleged rape victim! Judicial degradation of gender-based violence

Article 14
30/05/2021 18:36

JUDGMENT J.L. v. Italy 27.05.2021 (app. no. 5671/16) see here SUMMARY The case concerned criminal proceedings against seven men who had been charged with the gang rape of the applicant and had been acquitted by the Italian courts. The Court held that the applicant’s rights and interests under Article 8 had not been adequately protected, […]

Exclusion of the mother from family allowances because the children were of an unknown father! Violation due to discrimination and respect for privacy

Article 14
16/05/2021 16:14

JUDGMENT Yocheva and Ganeva v. Buklgaria 11.05.2021 (app. no. 18592/15 and 43863/15) see here SUMMARY Child benefit. Mother of a single parent family. Children of an unknown father. Violation of Article 14 (prohibition of discrimination) in conjunction with the right to privacy (Article 8). Internal legal provision based on an outdated and stereotypical understanding of […]

A father’s indifference to a lawsuit claiming a change in the contact rights with his child in the presence of a guardian! Non-violation of the ECHR. However, the delay in issuing a decision for the return of the child violated the procedural part of family life!

Article 14
03/04/2021 13:35

JUDGMENT Μ.Β. v. Poland 01.04.2021 (app. no. 16202/14) see here SUMMARY Abduction of a child by the mother and his transfer from Italy to Poland. Time-consuming procedures for the return of the child. Procedural part of the right to family life and positive obligations of the state deriving from the Hague Convention. Father-child communication in […]

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