Article 8

Lack of procedural guarantees for the protection of a lawyer’s personal data. Violation of Article 8 of the ECHR

JUDGMENT Särgava v. Estonia 16.11.2021 (app. no. 698/19) see here SUMMARY Confiscation of a lawyer’s personal belongings. The lawyer and the mobile phone of the applicant, a lawyer, were confiscated from his house and car and then examined by the authorities in the context of a criminal investigation. The applicant’s judicial attempts to declare the […]

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Return of child to Thailand, ordered by Switzerland in international child abduction case, did not violate the Convention

JUDGMENT S.Ν. and Μ.Β.Ν. v. Switzerland 23.11.2021  (app. no. 12937/20) see here SUMMARY The case concerned the return of the daughter (M.B.N.) of the first applicant (S.N.) to Thailand (where the father, a French national, lives) ordered by the Swiss courts in an international child abduction case. The Court found that, in proceedings which had […]

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Eviction from the applicant’s only residence without examining the proportionality of the intervention! Violation of the right to housing

JUDGMENT Ahmadova v. Azerbaijan 18.11.2021 (app. no. 9437/12) see here SUMMARY Loss of residence through eviction. The most extreme form of interference with the right to respect for one’s home. The case concerned an order for the demolition of the applicant’s residence and the eviction of her and her daughter, without payment of compensation. The […]

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Romania needs to reform its legislation on the legal guardianship of the mentally deficient. Violation of privacy

JUDGMENT Ν. v. Romania 16.11.2021 (no. 2) (app. no. 38048/18) see here SUMMARY The case concerned proceedings in which the domestic courts, basing their decisions mainly on medical expert opinions, divested the applicant of his legal capacity and placed him under the full authority of a legal guardian. It also concerned the manner in which […]

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Dismissal of a judge because he benefited a party and was not impartial! Non-violation of respect for his privacy

JUDGMENT Donev v. Bulgaria 26.10.2021 (app. no. 72437 /11) see here SUMMARY The case concerned disciplinary proceedings to dismiss the applicant, a judge and a court president. He complained, in particular, that the Supreme Judicial Council (SJC) and the Supreme Administrative Court had not satisfied the requirements of independence and impartiality set out in Article […]

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Bullying of a female prison guard by her male colleagues, because she reported them for having sex with detainees! Insufficient investigation and breach of privacy!

JUDGMENT Špadijer v. Montenegro 09.11.2021 (app. no. 31549/18) see here SUMMARY The case concerned the alleged bullying of a prison guard following her reporting an incident involving male prison guards coming into the women’s prison where she worked and their inappropriate contact with female prisoners, and her attempts to address this with the authorities. The […]

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The right to family life of a father who initially claimed only the custody and contact rights and not the return of his son under the Hague Convention was not violated

JUDGMENT Kupás v. Hungary 28.10.2021 (app. no.  24720/17) see here SUMMARY Best interests of the child in cases of “abduction” by the other parent The Court reiterated the basic fundamental principle that there is a broad consensus – including international law – in all decisions relating to children, that the best interests of the child […]

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Automatic imposition of surname order, paternal followed by maternal, when parents disagree, is discriminatory regarding the mother

JUDGMENT León Madrid v. Spain 26.10.2021 (app. no. 30306/13) see here SUMMARY The case concerned the applicant’s request to reverse the order of the surnames under which her minor daughter (born in 2005) was registered. At the relevant time Spanish law provided that in the event of disagreement between the parents, the child would bear […]

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Imposition of disciplinary sanctions on a judicial officer, due to her critical public statements against judges and the government. Violation of her right to freedom of expression

JUDGMENT Miroslava Todorova v. Bulgaria 19.10.2021 (app. no. 40072/13) see here SUMMARY The case concerned two sets of disciplinary proceedings against the applicant, who had been a judge and the President of the Bulgarian Union of Judges at the relevant time. The Supreme Judicial Council (SJC) ordered a reduction of her salary, followed by her […]

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