Article 8 Archives

Pre-trial detention should serve the needs of criminal investigation, not the public’s thirst for revenge and punishment. Unreasonable justification of the detention.

Article 13
23/07/2019 16:36

JUDGMENT Cîrstea v. Romania 23-07-2019 (no. 10626/11) see here SUMMARY The applicant’s placement in pre-trial detention in the proceedings which followed a dramatic fire in a neonatal intensive-care ward where she was responsible for monitoring care. The Court reiterated its previous finding that domestic courts were required to give specific reasons for finding that public […]

The state has taken adequate measures to investigate allegations of child sexual abuse. No violation of the ECHR.

Article 3
06/07/2019 06:57

JUDGMENT Α and Β v. Croatia 20-06-2019 (no. 7144/15) see here SUMMARY Complaint about inaction by the Croatian authorities in allegations of sexual abuse of children. The Court noted that the authorities had taken measures to address conflicting claims of a situation involving complaints from a mother about the sexual abuse of her child by […]

Permanent video surveillance of prisoners in their cells. Violation of their privacy.

Article 8
04/07/2019 18:51

JUDGMENT Gorlov and others v. Russia 02.07.19 (no. 27057/06 and 2 others) see here SUMMARY Permanent video surveillance of prisoners in their cells with closed camera circuits. The Court found in particular that the internal legal framework on permanent video surveillance was not sufficiently clear, precise and detailed to provide adequate protection against arbitrary interference […]

Serious injury from car accident. Research on accident conditions. Archiving the case after thorough proceedings and full examination and recording of the evidence did not violate the right to life of the applicant.

Article 2
03/07/2019 12:09

JUDGMENT Nicolae Virgiliu Tănase v. Romania 25.06.2019 (no. 41720/13) see here SUMMARY Road traffic accident with severe body injuries. The applicant was involved in a road traffic accident when a moving car crashed heavily into the back of his car shunting it, into the back of a parked military lorry. He suffered serious injuries and […]

Adoption of a child and registration of its surname in the civil-status documents. The refusal to register only the surname of the foster parent in place of that of the biological parent violated the right to respect for the child’s family life

Article 8
30/06/2019 16:04

JUDGMENT Leyla Can v. Turkey 18.06.2019 (no. 43140/08) see here SUMMARY Adoption of a child from a single-parent family. Entering of the surname of the adopted child in the civil-status registry. Parentalist request to register only the her surname as a child’s surname. Denial of authorities. The applicant adopted a 7-year-old, who lived with her biological […]

Disabled student. Suitable facilities and education for people with disabilities. Romania has taken adequate measures to allow access.

1st P - Article 2
29/06/2019 12:37

JUDGMENT Stoian v. Romania 25.06.2019 (no.289/14) see here SUMMARY Disabled student. Facilities suitable and edication for people with disabilities. Romania has taken adequate measures to enable access to suitable facilities in schools for pupils with special needs and to provide adequate support for their education. The Stoian v. Romania case (No 289/14) concerned the complaints […]

New born with permanent mental disability. Condemnation from the Court for ineffective investigation of any medical malpractice.

Article 8
28/06/2019 19:07

JUDGMENT Ulusoy v. Turkey 25.06.2019 (no. 54969/09) see here SUMMARY Medical negligence and state responsibility. Insufficient and ineffective research to detect medical negligence in the prenatal process and the process of delivery. Implementation of Article 8 on matters relating to the protection of the moral and physical integrity of individuals in the context of healthcare […]

The failure of the state to secure the father’s reunification with his minor daughter, which her mother brought her to another country, violated the right to respect for family life.

Article 8
25/06/2019 10:26

JUDGMENT Vladimir Ushakov v. Russia 18.06.2019 (no. 15122/17) see here SUMMARY Right to reunite father with a minor daughter. State obligation to develop their ties. The applicant, a Russian national, was resident in Finland. He had a daughter with his wife. At the time of their divorce, the former spouse settled with her daughter in […]

Reunion of a daughter and her father after his acquittal for domestic violence. The failure of the state to ensure reunification violated the right to respect for family life

Article 8
24/06/2019 11:14

JUDGMENT Ηaddad v. Spain 18.06.2019 ( no. 16572/17) see here SUMMARY Parent’s right to exercise parental custody for his child without interruption. The applicant, a Syrian national, was deprived of the communication and parental responsibility of his three minor children, by a court ruling, following the lawsuit filed by his wife against domestic violence. During the […]

Judge impartiality. Participation in court panel, which examined bank executives, a judge whose son was a legal advisor to the same bank, raises suspicions of a lack of impartiality. Failure to examine a witness that was not essential does not violate the fair trial.

Article 6 - Par. 1
22/06/2019 16:14

JUDGMENT Sigurður Einarsson and others v. Iceland 04.06.19 (no. 39757/15) see here SUMMARY Impartiality ofJudge and fair trial. Not examination of witness that was not essential. The conditions for ensuring fair trial are, inter alia, the impartiality of the judge, access to evidence and the examination of witnesses. The applicants, senior executives at Kaupping Bank, […]

Article 8