Article 8

Expertise from a surgeon and not from a gynecologist regarding a woman who passed away in a Greek hospital. Non-listing of statistics and bibliography in the expertise. Conviction for incomplete investigation!

JUDGMENT Mahmood v. Greece 25.03.2021(app.no. 77238/16) see here SUMMARY Medical negligence and the right to life. Essential and procedural part of the right to life. Right to family life. A woman died 4 days after the birth of her baby, while she was preparing to leave the hospital due to the rapid deterioration of her […]

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Expulsion from a house and its demolition due to construction on public land and without a building permit. Non-violation of the right to respect for residence

JUDGMENT Ghailan and others v. Spain 23.03.2021  (app. no. 36366/14) see here SUMMARY Right to respect the residence. Expulsion from a house and its demolition due to urban planning violations and construction on public land. The applicants were evicted from their residence on the ground that it had been erected in breach of urban planning […]

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Rape, sexual abuse and prostitution of a 14-year-old. Degrading treatment in court by the accused! Turkish court ruling on the consent of the minor is unacceptable! Condemnation from the Court

JUDGMENT N.Ç. v. Turkey 09.02.2020 (app. no. 40591/11) see here SUMMARY Juvenile victim of prostitution, rape and sexual abuse. Degrading treatment of the victim in the court process by relatives of the accused. Tolerance of the domestic court. Violation of Article 3 and respect for privacy (Article 8). The case concerned shortcomings in the criminal […]

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Hate speech and anti-Semitic comments from a Member of the Parliament. Conviction for prohibited discrimination and breach of privacy!

JUDGMENT Behar and Gutman v. Bulgaria 16.02.2021 (app. no. 29335/13) see here SUMMARY Anti-Semitic speech of a politician. Limits on freedom of expression for Members of Parliament and the balance between the right to respect for privacy and the prohibition of all racial discrimination. The two plaintiffs’ lawsuit against a politician for comments made during […]

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Deportation of a foreigner for committing serious crimes against sexual freedom. Non-violation of the right to respect for family life

JUDGMENT J.Α. v. Switzerland 22.12.2020 (app. no. 6325/15) see here SUMMARY Deportation of a foreigner who committed serious crimes. Family ties in the host country. Proportionality of intervention. The action concerned the deportation of a Spanish national from Switzerland to Spain. The applicant had resided legally in Switzerland for a number of years, and had […]

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Offensive public statements of a politician against Roma saying that they were criminals, thieves, rapists, torturers! Violation of respect for their privacy

JUDGMENT Budinova and Chaprazov v. Bulgaria 16.02.2021 (app. no. 12567/13) see here SUMMARY Ethnic discrimination, Roma and the right to respect for privacy. A politician in Bulgaria made public statements on a TV channel that were derogatory to Roma living in Bulgaria. The politician, among other things, stated that he intends to clean the country […]

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Violation of professional privacy of a lawyer – client through mobile phone data. Non-legislative provision for its protection. Violation of the right to respect of the correspondence

JUDGMENT Saber v. Norway 17.12.2020 (app. no. 459/18) see here SUMMARY Protection of mobile phone data relating to professional secrecy between a lawyer and a client. Right of respect for correspondence. Seizure and copying of the applicant ‘s mobile phone data for clarification of a criminal offense. In an investigation into an attempted murder of […]

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Publication on the internet of public debtors information. The posting served the public interest. Non-violation of the right to respect for privacy

JUDGMENT  L.B. v. Hungary 12.01.2021 (app. no. 36345/16) see here SUMMARY Privacy, publicity of public debtors on the internet, personal data and public interest. The applicant brought an action for violation of his privacy under Article 8 of the ECHR because the tax authority published tax lists on the internet with his personal data as […]

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Dismissal of a court judge due to non-justification and concealment of her property. The Court did not acquit her!

JUDGMENT Xhoxhaj v. Albania 09.02.2021 (app. no.  15227/19) see here SUMMARY The case concerned a Constitutional Court judge who had been dismissed from office following the outcome of proceedings commenced in relation to her, as part of an exceptional process for the reevaluation of suitability for office of all judges and prosecutors in the country, […]

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