Article 8 Archives

Deportation when justified on grounds of public interest is not incompatible with Article 8 of the ECHR.

Article 8
07/06/2018 12:21

JUDGMENT Krasniqi v. Austria 25-04-2017 (no. 41697/12) see here SUMMARY Deportation on grounds of public interest. The applicant was a Kosovo national and lived in Austria for 14 years with his family and was sentenced several times for criminal offenses. In this case, the Court held that the public interest in the applicant’s deportation and […]

The disclosure of telephone files offends the right to privacy

Article 8
30/04/2018 12:31

JUDGMENT Savotchko v. the Republic of Moldova 28-03-2017 (no. 33074/04) see here SUMMARY Privacy policy. Disclosure of telephone files. The case concerned disclosure of the telephone file of the applicant during the proceedings between the applicant and her mother. The disputed files included, inter alia, information and data on the numbers called and the date, […]

The ECtHR becomes the bridge of communication between father and child after the separation of parents

Article 8
30/04/2018 09:30

JUDGMENT Endrizzi v. Italy 23-03-2017 (no. 71660/14) see here SUMMARY Communication between child and father. Right to family life. The applicant complained that he was unable to exercise his rights of communication with regard to his son, who lived with his mother in Sicily. After the separation, the wife took the young child and moved to […]

The right of the prisoner to correspond with his lawyer

Article 5
30/04/2018 07:52

JUDGMENT Porowski v. Poland 21-03-2017 (no. 34458/03) see here SUMMARY Provisional detention. Duration. Right of a prisoner in correspondence. The applicant filed numerous complaints about the criminal proceedings against him. He was arrested and charged with two different procedures. He was provisionally detained for both proceedings. Relying in particular on Article 5 (right to liberty […]

Finnish courts’ refusal to replace the mentor of an intellectually disabled man, thus preventing him from living in the place of his choice, was justified

Article 8
26/04/2018 06:54

JUDGMENT A.-M.V. v. Finland 23-03-2017 (no. 53251/13) see here SUMMARY The case A.-M.V. v. Finland (application no. 53251/13) concerned an intellectually disabled man’s complaint about the Finnish courts’ refusal to replace his court-appointed mentor, meaning that he has been prevented from deciding where and with whom he would like to live. His court-appointed mentor had previously […]

Removal of a child from a couple who have used surrogacy. Non-violation of family life

Article 8
20/04/2018 08:26

JUDGMENT OF THE GRAND CHAMBER Paradiso and Campanelli v. Italy 24.1.2017 (app. no. 25358/12) see here SUMMARY Removal of a child born abroad as a result of a surrogacy arrangement entered into by a couple later found to have no biological link with the child. The Court found that there had not been a violation […]

The complete deprivation of the mother’s communication from her children, even if the latter deny contact, is a direct violation of the right to family life

Article 8
19/04/2018 12:11

JUDGMENT Κ.Β. κ.α. v. Croatia 14-3-2017 (no. 36216/13) see here SUMMARY Right to family life. Communicating between mother and children. National authorities have an obligation to ensure that children communicate with their mother regardless of the child’s negation. The appeal was filed on behalf of the mother, but also for her two minor children and […]

Eviction from a partner’s house following the death of the another partner is a violation of the right to residence

Article 8
19/04/2018 09:09

JUDGMENT Yevgeniy Zakharov v. Russia 14-3-2017 (no. 66610/10) see here SUMMARY Mr Zakharov, the applicant, complained about his eviction from local authority housing after the death of his partner. In the ensuing court proceedings, the courts refused to recognise him as his deceased partner’s family member and thus to acknowledge his right to occupy her room in […]

The search and seizure operations carried out at a company’s premises did not breach the Convention

Article 8
13/04/2018 07:31

JUDGMENT Janssen Cilag S.A.S. v. France 13-04-2017 (no. 33931/12) see here SUMMARY Private life. Unfair competition. Seizure of corporate documents. The Court found that the seizure of company documents did not constitute a disproportionate interference with the right to privacy as it was intended to gather evidence of anti-competitive practices. PROVISION Article 8 PRINCIPAL FACTS […]

The requirement to undergo sterilisation or treatment involving a very high probability of sterility in order to change the entries on birth certificates was in breach of the right to respect for private life

Article 8
13/04/2018 07:03

JUDGMENT A.P., Garçon and Nicot v. France 06-04-2017 (no. 79885/12, 52471/13 and 52596/13) see here SUMMARY The case concerned three transgender persons of French nationality who wished to change the entries concerning their sex and their forenames on their birth certificates, and who were not allowed to so do by the courts in the respondent […]

Article 8