Article 14 Archives

Rape, sexual abuse and prostitution of a 14-year-old. Degrading treatment in court by the accused! Turkish court ruling on the consent of the minor is unacceptable! Condemnation from the Court

Article 14
01/03/2021 19:20

JUDGMENT N.Ç. v. Turkey 09.02.2020 (app. no. 40591/11) see here SUMMARY Juvenile victim of prostitution, rape and sexual abuse. Degrading treatment of the victim in the court process by relatives of the accused. Tolerance of the domestic court. Violation of Article 3 and respect for privacy (Article 8). The case concerned shortcomings in the criminal […]

Hate speech and anti-Semitic comments from a Member of the Parliament. Conviction for prohibited discrimination and breach of privacy!

Article 14
21/02/2021 06:44

JUDGMENT Behar and Gutman v. Bulgaria 16.02.2021 (app. no. 29335/13) see here SUMMARY Anti-Semitic speech of a politician. Limits on freedom of expression for Members of Parliament and the balance between the right to respect for privacy and the prohibition of all racial discrimination. The two plaintiffs’ lawsuit against a politician for comments made during […]

Offensive public statements of a politician against Roma saying that they were criminals, thieves, rapists, torturers! Violation of respect for their privacy

Article 14
19/02/2021 19:28

JUDGMENT Budinova and Chaprazov v. Bulgaria 16.02.2021 (app. no. 12567/13) see here SUMMARY Ethnic discrimination, Roma and the right to respect for privacy. A politician in Bulgaria made public statements on a TV channel that were derogatory to Roma living in Bulgaria. The politician, among other things, stated that he intends to clean the country […]

The obligation of a person unfit for military service due to health reasons to pay an exemption tax from the army was discriminatory. Violation due to discrimination!

Article 14
16/02/2021 09:48

JUDGMENT Ryser v. Switzerland 12.1.2021 (app. no. 23040/13) see here SUMMARY The case concerned Mr Ryser’s liability to the military service exemption tax even though he had been declared unfit for service. The applicant complained of discrimination on the grounds of his state of health. The Court found that Mr Ryser had indeed suffered discriminatory […]

Homophobic attack by a man against a woman who revealed that she was a lesbian. Imposition of a penalty of 40 euros against him! Condemnation and violation of the ECHR for ineffective punishment!

Article 14
11/02/2021 19:08

JUDGMENT Sabalić v. Croatia 14.01.2021 (app. no. 50231/13) see here SUMMARY The case concerned Ms Sabalić’s allegation that the authorities’ response to a violent homophobic attack against her had been inadequate. She had been attacked in a nightclub when she had refused a man’s advances, disclosing to him that she was a lesbian. The Court […]

The ECHR was not violated by the deprivation of the right to vote of persons who had lost their legal capacity

1st P - Article 3
06/02/2021 18:31

JUDGMENT Strøbye and Rosenlind v. Denmark 02.02.2021 (app. no. 25802/18 and 27338/18) see here SUMMARY The right to free elections and the discretion of states to regulate their legislation. Deprivation of voting regarding persons deprived of their legal capacity. The applicants were brought under judicial protection with the consequent deprivation of the right to vote. […]

Refusal to pay benefits to a pregnant woman on the grounds that she fraudulently found a job since she was in the process of in vitro fertilization! Illegal discrimination on the grounds of sex at work

1st P - Article 1
05/02/2021 08:32

JUDGMENT Jurčić v. Croatia 04.02.2021 (app. no. 54711/15) see here SUMMARY Gender discrimination at work. Refusal of social security to pay legal benefits to the employee – applicant for the period of absence from work while on maternity leave. The domestic authorities considered that the employment contract was a sham and should not look for […]

Inability of a Roma grandmother to exercise her communication rights regarding her granddaughter despite their strong ties, on the grounds that she was coming from a family of criminals! Violation of the right to respect for family life

Article 13
04/02/2021 10:18

JUDGMENT Terna v. Italy 14.01.2021 (no. 21052/18) see here SUMMARY Right of family life of grandmother – granddaughter and ethnic discrimination The applicant is a Roma national. She was assigned custody of her minor granddaughter when the girl’s parents were jailed for serious offenses. With various court proceedings under the supervision of the competent Judge, […]

Protection of vulnerable groups from eviction from the Court! An interesting intervention regarding the protection the home

1st P - Article 1
21/12/2020 18:40

JUDGMENT
Béla Németh v. Hungary 17.12.2020 (app. no. 73303/14)
The case concerned the applicant’s not being able to take possession of a property he had bought
owing to a legal moratorium on evictions. State bodies had been exempt from the moratorium. He
had had to wait two years before ultimately being able to exercise his ownership rights.
The Court found that the moratorium had had a basis in law, had served a legitimate interest, and, in
particular, had not deprived him of his legitimate expectation regarding ownership of the property,
merely delayed it.
The Court also found that the applicant’s situation had not been comparable to that of State actors
and as such he had suffered no discrimination

The arrest of a protester violated her freedom of assembly because she could not participate in the demonstration. Police duty to protect LGBT community protesters from homophobic attacks

Article 11
01/12/2020 15:55

JUDGMENT
Berkman v. Russia 1.12.2020 (app. no. 46712/15)
The case concerned a public LGBTI (lesbian, gay, bisexual, transgender and intersex) meeting in St Petersburg and the authorities’ failure to protect
participants from aggressive counter-demonstrators.
The Court found in particular that a State did not just have a duty under the Convention not to
interfere with the right to freedom of assembly. For that right to be genuine and effective, the
authorities also had an obligation to facilitate access to meetings and ensure participants’ safety.

Article 14