Article 8 Archives

Deportation of an immigrant living with his parents and a ban on entering the country for 10 years, due to a large number of his convicts. Non-violation of family life

Article 8
08/06/2020 16:27

JUDGMENT Azerkane v. The Netherlands 02.06.2020 (application no. 3138/16) see here SUMMARY Deportation of an immigrant living with his parents. Right to family life. Non-infringement. It is the right of every state to control its borders and pursue immigration policy. The applicant is a Moroccan national who lived since his birth with his paternal family […]

The execution of a court decision for the delivery of a minor child by one parent to another consists of a state obligation!

Article 8
01/06/2020 08:33

JUDGMENT Gubasheva and Ferzauli v. Russia 05.05.2020 (no. 38433/17) see here SUMMARY Execution of court decisions by the domestic authorities and the responsibility of the state. The first applicant, acting for herself individually but also on behalf of her minor daughter and the second applicant, applied for custody after her divorce from her husband, who […]

Disclosure of being HIV positive in a military service exemption certificate breached privacy rights

Article 8
28/05/2020 09:34

JUDGMENT P.T. v. The Republic of Moldova 26.05.2020 (no. 1122/12) see here SUMMARY The case concerned disclosure of the applicant’s HIV positive status in a certificate exempting him from military service. He complained that he had had to show the certificate when renewing his identification papers in 2011 and in certain other situations, such as […]

The trial regarding a case of rape that took place behind closed doors did not violate the defendant’s right to a fair trial. Victim’s protection from second victimization

Article 8
20/05/2020 15:18

JUDGMENT Mraović v. Croatia 14.05.2020 (no. 30373/13) see here SUMMARY The case concerned a balancing of the applicant’s right to a public hearing in proceedings against him on charges of rape and the victim’s right to the protection of her private life. The European Court of Human Rights held, by six votes to one, that […]

Legal eviction violates the right to family life if the way in which it is carried out does not take into account the consequences and the peculiarities of those who are evicted

Article 8
16/05/2020 09:39

JUDGMENT Hirtu and others v. France 14.05.2020 (no. 24720/13) see here SUMMARY The case concerned the clearance of an unauthorised encampment where the applicants, who are of Roma origin, had been living for six months. The Court observed first of all that the circumstances of their forcible eviction and their subsequent living conditions did not […]

The state’s refusal to grant an immigrant legal status, even that of a stateless person, violated his private life.

Article 8
13/05/2020 06:58

JUDGMENT Sudita Keita v. Hungary 12.05.2020 (no. 42321/15) see here SUMMARY Unlawful legal situation and consequences in his private life. The applicant, of non-native, Somali and Nigerian descent, entered Hungary in 2002. His efforts to determine his legal status were unsuccessful. He was recognized as a stateless person only in 2017 and only because in […]

Erotic videos coming from a hidden camera of a journalist with her partner on the internet. Description of her as ” Cicciolina” from a newspaper. Rejection of her lawsuit. Violation of her private life

Article 8
11/05/2020 10:53

JUDGMENT Khadija Ismayilova v. Azerbaijan 07.05.2020 (n.3) (application no. 35283/14) see here SUMMARY The applicant is a well-known journalist. She writes mainly articles criticising the government for its policies. Erotic videos were posted on the internet with the journalist and her partner taken with a hidden camera. As a result of these videoa, a journalist […]

Unauthorized consent to obtain a DNA sample is equivalent to non-consent. Taking a saliva without real consent violates the right to privacy

Article 6
16/04/2020 09:00

JUDGMENT Dragan Petrovic v. Serbia 14.04.2020 (no. 75229/10) see here SUMMARY The case concerned a police search of the applicant’s flat and the taking of a DNA sample during a murder investigation. The Court found in particular that the search warrant had been specific enough and had been attended by adequate and effective safeguards against […]

Not allowing a detainee to attend his mother’s funeral and mot allowing his sister to visit him violated his family’s life.

Article 3
17/03/2020 18:48

JUDGMENT Kosenko v. Russia 17.03.2020 (no. 15669/13 and 76140/13) see here SUMMARY Detainees’ rights. Not granting permission to a prisoner with psychiatric problems to attend his mother’s funeral and not granting permission for a visit to his sister. According to the ECtHR, the applicant’s pre-trial detention was not incompatible with his psychiatric health condition, given […]

The alienation of troubled parents from their children has violated their family life

Article 8
14/03/2020 18:58

JUDGMENT Hernehult v. Norway 10.3.2020 (no. 14652/16) and Pedersen and others v. Norway 10.3.2020 (no. 39710/15) SUMMARY Right to family life, incomplete communication, lack of effort to reunite minor children with their parents. The applicants in both cases are parents of 3 children and 1 child respectively. Due to mental illness, both were deemed inappropriate […]

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