Article 8

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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οικογένεια

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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ιδιωτικότητα

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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The balance between the freedom of TV broadcasting and the protection of the reputation of politicians

JUDGMENT Haupt v. Austria 01-06-2017 (no. 55537/10) see here SUMMARY Conflict of rights. Freedom of expression. Right to protection of reputation. Balancing rights. Superiority of the freedom of expression of a television presenter who called a politician “usually surrounded by small brown rats” against the protection of his reputation. The amount awarded by the national […]

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κράτηση

Deprivation of family visits violates the right to family life

JUDGMENT Vladimir Nikolayevich Fedorov v. Russia (no. 48974/09) 30-5-2017 see here  SUMMARY Provisional reservation. Right to family life. Detainee. Visite deprivation. Depriving a detainee from communicating with his relatives throughout his detention violates his or her right to family. The ECtHR found a violation of Article 8 of the ECHR. PROVISIONS Article 5 par. 3 […]

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ιδιωτικότητα

Access to computer files by authorities without judicial authorization violates private life

DECISION Trabajo Rueda v. Spain 30-5-2017 (no. 32600/12) see here  SUMMARY Access to computer records by the police without prior court decision and without urgency. Violation of privacy. The applicant went his computer to a store to replace a defective data recorder. The technician noticed that files on the computer contained child pornography material, and […]

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οικογένεια

Unlawful residential research and the seizure of personal belongings violated the right to privacy and respect of home.

JUDGMENT Bože v. Latvia 18-5-2017 (no. 40927/05) see here  SUMMARY Residential search and seizure. Investigation and seizure carried out in the applicant’s apartment on the grounds that he was selling an unauthorized medicine for the treatment of HIV, hepatitis and cancer through the Internet. The actions of the authorities in his home were not based […]

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ECHRCaseLaw

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