Article 8 Archives

Declaration of the applicant as wanted and posting of her photos in police stations. Violation of privacy

Article 8
26/07/2023 18:52

JUDGMENT Negru v. Democracy of Moldova 27.06.2023 (app. no. 7336/11) see here SUMMARY In July 2008 the applicant was arrested after presenting herself at the police station as part of a criminal investigation against her on charges of forging documents. In May 2010 the public prosecutor decided to initiate proceedings against her in her absence […]

Arbitrary deprivation of the applicant’s nationality, with the intention of rendering him stateless in breach of international law obligations. Invasion of privacy

Article 8
17/07/2023 19:22

JUDGMENT Emin Huseynov v. Azerbaijan (no. 2) 13.07.2023 (app. no. 1/16) see here SUMMARY The case concerned the applicant’s complaint about being deprived of his Azerbaijani citizenship in June 2015, making him stateless. At the time he was an independent journalist and the chairman of a non-governmental organisation specialising in the protection of journalists’ rights. […]

Disciplinary sanctions against a judge for criticizing judicial reforms! Violation of privacy and freedom of expression

Article 10
11/07/2023 16:59

JUDGMENT Tuleya v. Poland 06.07.2023 (app. no. 21181/19 and 51751/20) see here SUMMARY The case originated in the new disciplinary regime for judges in Poland. The applicant, Igor Tuleya, a well-known judge, complained about five sets of preliminary inquiries initiated against him in 2018 on suspicion of disciplinary misconduct. He notably complained that one of […]

Dismissal of Supreme Court Judge for not justifying the acquisition of property and not declaring his previous criminal involvement. Violation of a fair trial because he was not given an opportunity to defend himself

Administrative
06/07/2023 20:17

JUDGMENT Thanza v. Albania 04.07.2023 (app. no. 41047/19) see here SUMMARY The case concerned the vetting of the applicant by the authorities, which had resulted in his dismissal from his post as a Supreme Court judge. The Court found in particular, as regards Article 6, that Mr Thanza had not been given an adequate opportunity […]

Refusal of family reunification request for aliens who received assistance from social welfare. Violation of family life

Article 14
05/07/2023 07:42

JUDGMENT B.F. and others v. Switzerland 04/07/2023 (app. no. 13258/18, 15500/18, 57303/18 and 9078/20) see here SUMMARY The applicants entered Switzerland at different points in time between 2008 and 2012 and were recognised as refugees within the meaning of the 1951 United Nations Convention relating to the Status of Refugees. They were granted provisional admission […]

Imposing a 300-day waiting period only on women in order for them to remarry after divorce violated their right to privacy!

Article 12
30/06/2023 19:01

JUDGMENT Nurcan Bayraktar v. Turkey 27.06.2023 (app. no. 27094/2020) see here SUMMARY The case concerned the legal obligation for divorced women to observe a 300-day waiting period before remarrying – to someone other than their ex-husband – unless they could prove they were not pregnant by undergoing a medical examination. The Court held that imposing […]

Recommendation and a strict police warning to the husband not to approach and harass his wife, without sufficient evidence. Invasion of privacy

Article 8
26/06/2023 19:57

JUDGMENT Germano v. Italy 22.06.2023 (app. no. 10794/12) see here SUMMARY The case concerned a police caution (ammonimento) issued against Mr Germano at his wife’s request in 2009 after she had left him and when she complained that he was harassing and intimidating her. The caution warned the applicant to obey the law and not […]

Women appealed before the ECtHR for the right to abortion in Poland. Dismissal of the applications as inadmissible

Article 8
08/06/2023 20:28

JUDGMENT Α.Μ. and others v. Poland 08.06.2023 (app. no. 4188/21, 4957/21, 5014/21, 5523/21, 5876/21, 6114/21, 6217/21, 8857/21) see here SUMMARY The applications concerned restrictions on abortion rights in Poland. The applicants alleged in particular that, following amendments to the legislative framework in 2020, they have effectively been banned from having access to legal abortion in […]

Homophobic statements by politicians and failure of the state to protect the rights of the LGBTI community. Violation of the right to privacy. Prohibited discrimination

Article 14
01/06/2023 18:52

JUDGMENT Nepomnyashchiy and others v. Russia 30/05/2023 (app. no. 39954/09 and 3465/17) SUMMARY Homophobic statements by politicians against the LGBTI community. Right to privacy and prohibited discrimination. The applicants are gay activists, members of the LGBTI community of Russia. Two famous politicians publicly made racist statements against LGBTI people in the press, specifically “Tolerance? Damn […]

Revocation of a long-term resident’s residence permit and imposition of a 10-year entry ban due to delinquent behavior, despite his progress in detention. Violation of privacy

Article 8
30/05/2023 19:31

JUDGMENT AZZAQUI v. the Netherland 30.05.2023 (app. no. 8757/20) see here SUMMARY The applicant, a Moroccan national, entered the Netherlands in 1982 at the age of 10 and was granted a permanent residence permit. Between 1987 and 1996 he was convicted of several criminal offenses and served several prison terms. In 1996 he was convicted […]

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