Article 8 Archives

Monitoring a worker through the use of internet by his employer and the violation of his electronic mail violates his right to respect for privacy

Article 8
01/08/2018 12:10

JUDGMENT Bărbulescu v. Romania 05-09-2017 (no. 61496/08) see here SUMMARY Privacy and employee communication. Online account tracking. Obligation to be informed and conditions for monitoring. Violation of the right to privacy. Surveillance of a sales employee from a private company employing of the yahoo messenger service and the recording of his personal conversations with his […]

Compensation based on sex and age is contrary to the principle of discrimination

Article 14
27/07/2018 09:06

JUDGMENT Carvalho Pinto de Sousa Morais v. Portugal 25-07-2017 (no. 17484/15) see here SUMMARY The applicant, suffering from a gynecological disease, underwent surgery in May 1995. Her intervention caused a number of problems due to the injury of a genetic nerve. She filed an action for damages against the hospital, which she won at first instance. […]

When “Big Brother” … violates the limits of privacy

Article 8
25/07/2018 10:04

JUDGMENT Mustafa Sezgin Tanrıkulu v. Turkey 19-07-2017 (no. 27473/06) see here SUMMARY The applicant is a member of the Turkish Parliament. The case concerned a domestic court decision allowing the monitoring and examination of all electronic communications in Turkey for about one and a half months in 2005. The applicant filled a criminal complaint, but […]

The failure of authorities in the field of the protection from the pollution violates privacy

Article 8
24/07/2018 14:09

JUDGMENT Jugheli and others v. Georgia 13-07-2017 (no. 38342/05) see here SUMMARY The case concerned the applicants’ complaint that a thermal power station, which was in the immediate vicinity of their homes, and had a negative impact on their health and well-being. Their claims for compensation before all Georgian courts were rejected. The ECtHR has […]

The ineffective and long-term investigation of sexual abuse is a breach of family life

Article 8
24/07/2018 13:19

JUDGMENT Μ.S. v. Ukraine 11-07-2017 (no. 2091/13) see here SUMMARY Sexual abuse. Residence of a minor. Research. The case concerned the investigation of the alleged sexual abuse of the daughter and the determination of her place of residence. In a random examination, the father of the minor pupil discovered that the child had been sexually […]

Closed doors from the authorities against domestic violence denounce the right to respect for privacy

Article 8
23/07/2018 08:11

JUDGMENT Ž.B. v. Croatia 11-07-2017 (no. 47666/13) see here SUMMARY The case concerned the applicant’s complaint that the authorities had failed to exercise proper and effective prosecution for domestic violence against her husband. The applicant filed a lawsuit against her husband for physical and psychological violence in May 2007. Based in particular on Article 8 […]

The prohibition of Islamic veil in public places and the balancing of fundamental rights in a democratic society

Article 6
22/07/2018 11:19

JUDGMENT Dakir and Belgium 11-07-2017 (no. 4619/12) see here SUMMARY The applicant was born and lives in Belgium. In June 2008, the municipalities of Pepinster, Dison and Verviers adopted a municipal by law banning garments or clothes that hid the face all the time in all public places. In August 2008, the applicant, who was […]

Restrictions on the use of the Islamic veil under the … light of the ECtHR

Article 8
21/07/2018 06:23

JUDGMENT Belcacemi and Oussar v. Belgium 11-07-2017 (no. 37798/13) see here SUMMARY The case concerns the Belgian law of 1 June 2011, which prohibits the use of clothing in public spaces that partially or wholly covers the person. Ms. Belcacemi and Ms Oussar are Muslims who, on their own initiative, wear the niqab – a […]

Cut off the family umbilical cord, the institution of adoption and respect for the right to privacy

Article 8
16/07/2018 06:25

JUDGMENT Barnea and Caldararu v. Italy 22-06-2017 (no. 37931/15) see here SUMMARY Family life. Right of a minor child to live with her biological parents. The state must facilitate the living of parents with the child. Violation of Article 8 of the right to family life as the Italian authorities did not make sufficient and appropriate efforts for […]

Crime prevention justifies the deportation decision and constitutes a legitimate interference with privacy

Article 8
13/07/2018 09:25

JUDGMENT Alam v. Den mark 29-06-2017 (no. 33809/15) see here SUMMARY The applicant is a national of Pakistan, who was born and lives in Denmark. She is currently serving a prison sentence for murder after which she will be expelled from Denmark. The ECtHR considered that the deportation decision had the effect of interfering with […]

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