Article 8 Archives

Failure to exercise the communication rights of a father with his daughter for eight years due to the mother’s opposition violated the father’s right to family life

Article 8
13/12/2019 20:26

JUDGMENT Luzi v. Italy 5.12.2019 (no. 48322/17) see here SUMMARY The applicant’s inability to exercise his right to communicate with his daughter due to the mother’s opposition. The Court found that, in view of the mother’s opposition, which had been going on for eight years, the national authorities had not taken all the necessary measures […]

Refusal to grant methadone treatment to drug addicts did not violate their right to privacy

Article 14
29/11/2019 09:19

JUDGMENT Abdyusheva and others v. Russia 26/11/2019 (no. 58502/11), see here SUMMARY Public health and state protection. The opioid addicts have sought to replace the treatment they received in public hospitals with methadone and buprenorphine. The Russian state has refused because of the danger of the indicated treatment for their health, considering it inappropriate. The […]

Unjustified continuation and duration of detention (21 months), credibility of witness with motivation for personal gain, conviction of peaceful anti-government protest organizers. The Court finds multiple ECHR violations and condemns!

1st P - Article 1
24/11/2019 12:27

JUDGMENT Razvozzhayev v. Russia and Ukraine and Udaltsov v. Russia 19.11.2019 (no. 75734/12, 2695/15, 55325/15) see here SUMMARY The case concerned the conviction of two men for organising “mass disorder” for their part in May 2012 opposition protests and resultant disturbances in central Moscow, an incident which has been at the centre of several earlier […]

The temporary deprivation of child custody from addict parents did not violate their right to family life. But the deprivation of their communication with their child violated that right.

Article 8
20/11/2019 19:30

JUDGMENT Κ.Ο. and V.M. v. Norway 19.11.2019 (no. 64808/16) see here SUMMARY Official decisions to take a couple’s daughter into care a few weeks after her birth in 2015 and their limited contact rights. The family were ultimately reunited in 2018. The Court found that the authorities had conducted an in-depth examination of the case […]

The delay in reconnecting mother and daughter was mandated by a court investigation after allegations of sexual abuse. No violation of family life.

Article 8
01/11/2019 20:44

JUDGMENT Stankūnaitė v. Lithuania 29.10.2019 ( no. 67068/11) see here SUMMARY The case concerned complaints by the applicant about care decisions related to her daughter and delays in reuniting them. The Court found in particular that the authorities had acted with the requisite diligence in the care proceedings: they had had first to wait for […]

Dismissal and disclosure of civil servants because of their membership in a communist party violated the right to privacy

Article 6
28/10/2019 18:56

JUDGMENT Polyakh and others v. Ukraine 17.10.2019 (no. 58812/15, 53217/16, 59099/16, 23231/18, and 47749/18). see here SUMMARY The Court first held that the first three applicants’ right to a fair trial had been violated because proceedings on their dismissal had lasted more than four and a half years and were still ongoing. As for the Article 8 […]

Failure to execute a decision regaridng the mother’s custody of her children until they reach adulthood! The inactivity of the state violated family life

Article 6 - Par. 1
27/10/2019 08:39

JUDGMENT Milovanović v. Serbia 08.10.2019 (no. 56065/10) see here SUMMARY, Child custody. Failure to execute a decision and state responsibilities. Violation of family life. Violation of fair trial the unreasonable length of the proceedings before the Constitutional Court. The national courts irrevocably granted the exclusive custody of the two minor children to the applicant’s mother, whom […]

Failure to allow a psychiatric detainee to attend her mother’s funeral violates her right to family life.

Article 8
20/10/2019 07:29

JUDGMENT Solcan v. Romania 08.10.2019 (no. 32074/14) see here SUMMARY Failure to permit a schizophrenic criminal detainee at a psychiatric clinic to attend her mother’s funeral violated her right to family life. Restrictions on the rights and freedoms of the individual. The applicant, who is suffering from schizophrenia, is involuntarily detained in a psychiatric clinic […]

Spanish supermarket cashiers covertly filmed by security cameras did not suffer a violation of their privacy rights.The measure was proportionate because of a reasonable suspicion of theft.

Article 6 - Par. 1
17/10/2019 19:51

JUDGMENT López Ribalda and others v. Spain 17.10.2019 (no. 1874/13 and 8567/13) (GRAND CHAMBER) see here SUMMARY The case concerned the covert video-surveillance of employees which led to their dismissal. The Court found in particular that the Spanish courts had carefully balanced the rights of the applicants – supermarket employees suspected of theft – and […]

The lack of a proper examination of the applicant’s defamation allegation by a magazine that characterized the Nazi camp survivors as “mass murderers”, “criminals” and “plagues” violated his privacy, although he had not been named.

Article 8
15/10/2019 20:18

JUDGMENT Lewit v. Austria 10.10.2019 (no. 4782/18) see here SUMMARY The case concerned a now 96-year-old Holocaust survivor’s complaint that he had been defamed by a right-wing periodical and that the courts had not protect his right to reputation. The Court found that the Austrian courts had failed to protect the applicant’s rights because they […]

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