Article 8 Archives - Page 5 of 23

Unfair interventions in schools violated the basic rights of students, parents and teachers in education, privacy and personal freedom.

1st P - Article 2
September 19, 2019 4:05 pm

JUDGMENT Iovcev and others v. the Republic of Moldova and Russia 17.09.2019 (no. 40942/14) see here SUMMARY Teacher intimidation and illegal investigations of students by the “MRT”, directed by the Russian Federation. The applicants are five students, three parents and 10 members of the Romanian / Moldavan language school in Moldova. The “MRT”, which is in economic […]

Review of the ECHR decision. The Court awards the deceased’s damages to his mother.

Article 10
September 2, 2019 6:27 am

JUDGMENT Rodionov v. Russia 27.08.2019 (no. 9106/09) see here SUMMARY Request for revision of an ECHR judgment pursuant to Rule 80 of the Rules of Court. The applicant’s mother complained that she had been unable to enforce the decision because of her son’s death and argued that as his heir she should receive the sums […]

Constant video surveillance of a prisoner constitutes inhuman and degrading treatment. The trial in camera must be reasoned, otherwise it infringes the fair trial.

Article 3
August 29, 2019 7:46 am

JUDGMENT Izmestyev v. Russia (application no. 74141/10) of 27.08.2019 see here SUMMARY Video surveillance of a life prisoner with security cameras on a 24-hour basis, restrictions on his family visits, prolonged detention and trial in camera. The European Court of Human Rights held, unanimously, that there had been: a violation of Article 3 (prohibition of […]

National courts in child custody cases must take into account evidence presented by a party and carry out a thorough examination of the family situation. Violation of family life.

Article 14
August 14, 2019 9:04 am

JUDGMENT Širvinskas v. Lithuania 23.07.2019 (no. 21243/17) see here SUMMARY Interest of the child and arrangement of his residence in the event of divorce of his/her parents. The applicant had a daughter with his former wife. Because of personal reasons their marriage ended. The mother did not comply with the original settlement agreement of joined custody […]

Cases involving parent-child relationships must be handled quickly and with extreme care. The 10-year-long court process for parental custody of two minor children violated the right to family life.

Article 8
August 9, 2019 4:52 pm

JUDGMENT R.V. and others v. Italy 18.07.2019 (no. 37748/13) see here SUMMARY Parents’ inadequacy, parental care and foster family. The applicant, following a complaint from a relative, found it unsuitable for bringing up two children aged just 1 and 3 years respectively. The procedures for taking care of children have been made long and complicated. […]

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
July 23, 2019 4:36 pm

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
July 6, 2019 6:57 am

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
July 4, 2019 6:51 pm

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
July 3, 2019 12:09 pm

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
June 30, 2019 4:04 pm

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 […]

Article 8