Article 8

Constitutional court with an illegitimate composition banned abortion for a woman whose fetus was diagnosed with Down Syndrome. Violation of privacy

JUDGMENT M.L. v. Poland 14.12.2023 (app. no. 40119/21) see here SUMMARY The applicant alleged in particular that she had been banned from having access to a legal abortion in the case of foetal abnormalities, following a 2020 Constitutional Court judgment. She had become pregnant and the foetus was diagnosed with trisomy 21. A scheduled hospital […]

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Difficulties in registering the birth of a person born abroad. Long delays in issuing birth certificates and identity cards. Violation of privacy

JUDGMENT G.Τ.Β. v. Spain 16.11.2023 (app. no. 3041/19) see here SUMMARY The case concerned attempts in Spain to register G.T.B.’s birth, which had taken place in Mexico. The Court found in particular that for the period from 2002-06, the Spanish authorities, despite sure knowledge that the documents needed could not be located in Mexico, had […]

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Imposing a disproportionately lenient sentence for sexual assault constitutes degrading treatment and an invasion of privacy!

JUDGMENT Vučković v. Croatia 12.12.2023  (app. no. 15798/20) see here SUMMARY The case concerned the sexual assaults that Ms Vučković, a nurse, suffered at the hands of an ambulance driver colleague while working shifts together. Her assailant was sentenced to 10 months’ imprisonment, but that sentence was commuted to community service on appeal. The Court […]

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Lowering of the retirement age limit for female judges from 67 to 60 compared to 65 for men. Prohibited discrimination based on sex. Invasion of privacy

JUDGMENT Pająk and others v. Poland 24.10.2023 (app. no. 25226/18, 25805/18, 8378/19 and 43949/19). see here SUMMARY The case concerned four judges who complained about legislative amendments that had lowered the retirement age for judges from 67 to 60 for women, and to 65 for men, and had made the continuation of a judge’s duties […]

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Failure of the authorities to take measures to implement court decisions on father-son communication. Violation of the right of respect for family life

JUDGMENT Tóth v. Hungary 19.10.2023 (app. no. 8324/18) see here SUMMARY After the dissolution of the applicant’s marriage with the child’s mother, the father’s contact with the child was determined by private agreement. However, the mother breached the agreement by interrupting the child’s summer vacation with the father in August 2016. In subsequent meetings that […]

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Landfill pollution. Failure to take necessary measures to protect citizens. Violation of the right to respect for private life and home)

JUDGMENT Locascia and others v. Italy 19.10.2023 (app. no. 35648/10) see here SUMMARY Waste treatment and disposal in the Campania region of Italy. Pollution from a sanitary landfill. Respect for privacy. The domestic authorities had failed to ensure the proper functioning of waste collection, treatment and disposal services during a state of emergency, which had […]

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Courts while examining communication rights, custody and domestic violence cases must conduct a thorough inquiry into the best interests of the children

JUDGMENT Luca v. Moldova (app. no. 55351/17) and Bîzdîga v. Moldova (app. no. 15646/18) 17.10.23 see here SUMMARY  Ms Luca’s case concerned allegations that the authorities had failed to protect her from domestic violence – which on one occasion had led to eight days’ hospitalisation – and to help her maintain her relationship with her […]

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Violation of the rights of a biological father regarding his son’s adoption by another man. Conviction for violation of Article 8 of the ECHR

JUDGMENT I.V. v. Estonia 10.10.2023 (app. no. 37031/21) see here SUMMARY The case concerned a father’s attempt to contest the adoption of his biological son by another man in Estonia, against the background of paternity proceedings in Latvia. The Court stressed that although this was a cross-border case, the Court was examining only Estonia’s responsibility. […]

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The state is obliged to ensure parent-child communication in case of lack of cooperation of the separated parents for communication!

JUDGMENT Beluch v. Poland  28.09.2023 (app. no. 4065/21) see here SUMMARY The applicant’s daughter X. was born in January 2010. The applicant divorced her mother M.M. shortly after the birth of their daughter in March 2010. In May 2010, the applicant asked the Regional Court to regulate the rights of communication with X. due to […]

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