Article 8

οικογενειακή ζωή

The complete deprivation of the mother’s communication from her children, even if the latter deny contact, is a direct violation of the right to family life

JUDGMENT Κ.Β. κ.α. v. Croatia 14-3-2017 (no. 36216/13) see here  SUMMARY Right to family life. Communicating between mother and children. National authorities have an obligation to ensure that children communicate with their mother regardless of the child’s negation. The appeal was filed on behalf of the mother, but also for her two minor children and […]

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Eviction from a partner’s house following the death of the another partner is a violation of the right to residence

JUDGMENT Yevgeniy Zakharov v. Russia 14-3-2017 (no. 66610/10) see here  SUMMARY Mr Zakharov, the applicant, complained about his eviction from local authority housing after the death of his partner. In the ensuing court proceedings, the courts refused to recognise him as his deceased partner’s family member and thus to acknowledge his right to occupy her room in […]

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The search and seizure operations carried out at a company’s premises did not breach the Convention

JUDGMENT Janssen Cilag S.A.S. v. France 13-04-2017 (no. 33931/12) see here SUMMARY Private life. Unfair competition. Seizure of corporate documents. The Court found that the seizure of company documents did not constitute a disproportionate interference with the right to privacy as it was intended to gather evidence of anti-competitive practices. PROVISION Article 8 PRINCIPAL FACTS […]

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ιδιωτική ζωή

The requirement to undergo sterilisation or treatment involving a very high probability of sterility in order to change the entries on birth certificates was in breach of the right to respect for private life

JUDGMENT A.P., Garçon and  Nicot v. France 06-04-2017 (no. 79885/12, 52471/13 and 52596/13) see here  SUMMARY The case concerned three transgender persons of French nationality who wished to change the entries concerning their sex and their forenames on their birth certificates, and who were not allowed to so do by the courts in the respondent […]

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Obstruction of parental and child communication is punishable by the Court

JUDGMENT Αneva κ.α. v. Bulgaria 06-04-2017 (no. 66997/13, 77760/14 and 50240/15) see here  SUMMARY Respect for family life. Obstruction of communication and contact with children. Three different parents appealed to the ECtHR on the grounds that they were unable to communicate with their children despite the existence of a custodial judgment or rights of communication, […]

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ελευθερία της έκφρασης

The fair balance between the protection of privacy and freedom of expression

JUDGMENT Pihl v. Sweden (no. 74742/14) 9-3-2017 see here  SUMMARY Private life. Freedom of expression. Weighting in case of conflict of rights. A blog, which was run by a nonprofit organisation, published an article, accusing the applicant of participating in a Nazi organization. Nine days later and following a complaint by the applicant, the organisation erased  […]

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A drastic reduction in disability benefits brings upside-downs in citizens’ property in contravention of the ECHR

JUDGMENT Baczúr v. Hungary 7-3-2017 (no. 8263/15) see here  SUMMARY Right to property. Disability Allowance. Reduction of the disability allowance by approximately 75% for 1.5 years. The European Court of Human Rights has held that there has been a violation of Article 1 of the First Protocol for violation of his right to property. PROVISION […]

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House warrant should not be general but should contain sufficient reasoning

JUDGMENT Modestou v. Greece 16-3-2017 (no. 51693/13) see here  SUMMARY  Home search. The applicant is a Cypriot businessman who lives in Athens. A prosecutor’s order under a preliminary investigation was conducted at home, without him being present, during which computers and documents were seized. The prosecutor then instituted proceedings against a number of individuals, including the […]

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