Article 8

οικογενειακή ζωή

Cut off the family umbilical cord, the institution of adoption and respect for the right to privacy

JUDGMENT Barnea and Caldararu v. Italy 22-06-2017 (no. 37931/15) see here  SUMMARY Family life. Right of a minor child to live with her biological parents. The state must facilitate the living of parents with the child. Violation of Article 8 of the right to family life as the Italian authorities did not make sufficient and appropriate efforts for […]

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ιδιωτική ζωή

Refusal to include two lawyers in the Bar Association’s list of advocates did not violate the Convention

JUDGMENT Jankauskas v. Lithuania (no. 50446/09) and Lekavičienė v. Lithuania (no. 48427/09) 27-06-2017 SUMMARY Trainee lawyers. Role of lawyers. Refusal to include in the Bar of two lawyers because of their previous conviction. The ECtHR considered that interference with the right to respect for their privacy had not exceeded the threshold “necessary in a democratic society” for […]

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ιδιωτική ζωή

A conviction for refusing to be included in the national computerised DNA database is contrary to the right to respect for private life

JUDGMENT Aycaguer v. France 22-06-2017 (no. 8806/12) see here  SUMMARY The conviction of the applicant as a result of his refusal to undergo genetic tests, the result of which would be enshrined in the national database, constituted a disproportionate violation of the right to respect for his private life and could therefore not be considered necessary […]

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Refusing to carry out a second expert’s report on a medical error violates the right to respect for the private and family life of the patient.

JUDGMENT Erdinç Kurt and others v. Turkey (no. 50772/11) 06-06-2017 see here SUMMARY Medical Expertise. Insufficient finding of surgeons for medical malpractice of surgeon doctors. Rejection of a request to conduct a second medical expertise to answer all emerging medical issues. The European Court of Human Rights held that the applicants had not received a sufficient […]

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A conviction for refusing to be included in the national computerised DNA database is contrary to the right to respect for private life

JUDGMENT Aycaguer v. France  22-06-2017 (no. 8806/12) see here SUMMARY DNA testing. Denial to provide Genetic Material for Examination. The conviction of the applicant for this denial violates the right to privacy. PROVISION Article 8 PRINCIPAL FACTS The applicant, Jean-Michel Aycaguer, is a French national who was born in 1959 and lives in Ossès (France). On […]

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ιδιωτική ζωή

The publishing of photos requires the consensus of the depicted person

JUDGMENT Bogomolova v. Russia 20-06-2017 (no. 13812/09)  see here   PROVISION Article 8 SUMMARY Unsolicited photo publishing violates the right to privacy PRINCIPAL FACTS The applicant, Tatyana Bogomolova, is a Russian national born who was born in 1978. Together with her son, born in 2001, Ms Bogomolova lives in Berezniki in the Perm region of Russia. […]

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