Article 8 Archives

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

Article 14
31/05/2022 19:43

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 […]

Unnecessary and unannounced search of a Roma home! Violation of the right to respect for home

Article 8
23/05/2022 09:57

JUDGMENT L.F. v. Hungary 19.05.2022 (app. no. 621/14) see here SUMMARY The case concerned an inspection of the applicant’s home – retrospectively justified as necessary to verify compliance with construction regulations and for the allocation and/or review of housing benefits – in 2011 by a delegation of the local mayor’s office. The inspection took place […]

Use of armed force by gendarme against prisoner who attacked his colleague during transfer from prison to court: no violation of Article 2 of the Convention

Article 8
23/05/2022 08:34

JUDGMENT Bouras v. France 19.05.2022 (app. no. 31754/18) see here SUMMARY The case concerned a complaint, under the substantive limb of Article 2 of the Convention, about a gendarme’s use of armed force resulting in the death of a prisoner who attacked another gendarme in the vehicle that was transferring him from Strasbourg Prison to […]

Imposition of a fine for refusing to buy compulsory health insurance! Privacy, respect for property and freedom of conscience were not violated!

1st P - Article 1
21/05/2022 17:08

JUDGMENT De Kok v. the Netherlands 19.05.2022 (app. no. 1443/19) see here SUMMARY The applicant complained about the obligation to buy basic health insurance in the Netherlands and the consequences of his not having done so. The Court did not express itself on the applicability of Article 8. Assuming that there had been an interference […]

No breach of Jehovah’s Witness’ rights in case concerning dispute over his daughter’s religious upbringing

Article 14
20/05/2022 06:37

JUDGMENT T.C. v. Italy 19.05.2022 (app. no. 54032/18) see here SUMMARY The case concerned a dispute between the applicant and the mother of his daughter from a previous relationship over their child’s religious upbringing. The applicant had become a Jehovah’s Witness after the split in the relationship. Following proceedings brought by the mother in the […]

Arson attack to an LGBT community member business and verbal attacks by homophobes. Failure of the authorities to protect a gay woman. Humiliating treatment and prohibited discrimination

Article 14
19/05/2022 06:54

JUDGMENT Oganezova v. Armenia 17.05.2022 (ap. no. 71367/12 and 72961/12) see here SUMMARY Protection of sexual orientation from discrimination. Criminal treatment of homophobes. The applicant Armenian national, a well-known member of the lesbian, gay, bisexual and transgender (LGBT) community in Armenia, was forced to flee to Sweden and seek asylum for fear of persecution in […]

The imposition of a fine on a lawyer for a joke in court! Violation of freedom of expression

Article 8
18/05/2022 06:39

JUDGMENT Simić v. Bosnia and Herzegovina 17.05.2022 (app. no. 39764/20) see here SUMMARY The case concerned a joke that the applicant, a lawyer, told in court to illustrate his criticism of the proceedings in which he was representing a client. As a result, he was fined for contempt of court. The Court found in particular […]

Exclusion of a couple from in vitro fertilization because the woman was over 43 years old, violated their right to family life

Article 14
16/05/2022 08:12

JUDGMENT Lia v. Malta 05.05.2022 (app. no. 8709/20) see here SUMMARY In vitro fertilization, interpretation and application of the relevant law without the required predictability. The case concerned the authorities ‘refusal to carry out, at the applicants’ expense, Intracytoplasmic Sperm Injection – an assisted reproduction procedure – on the applicant’s’s eggs due her being 43 […]

Execution of a court decision to return the child to the father. No violation of the right to respect for family life!

Article 8
13/05/2022 19:47

JUDGMENT X. v. the Czech Republic 12.05.2022 (app. no. 64886/19) see here SUMMARY The applicant, X., is a Czech national born in 1980 and lives in the United States. The case essentially concerns the execution by the Czech courts of their decision to return the applicant’s daughter to the United States to her father under […]

The expansion of a cemetery next to a house dangerously contaminated water and soil. Violation of the right to respect of home

Article 8
11/05/2022 09:36

JUDGMENT Solyanik v. Russia 10.05.2022 (app. no. 47987/15) see here SUMMARY The case concerned the applicant’s complaint about pollution from a cemetery located very close to his house and adjacent plot of land. Relying on Article 8 (right to respect for private, family life and home), the applicant complained that the ongoing use of the […]

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