Article 8

Ρομά

Attacks against Roma by members of the local community. Failure to take appropriate protective measures by the police and inadequate investigation have violated the ECHR.

JUDGMENT Burlya and others v. Ukraine 6.11.2018  (no. 3289/10) see here SUMMARY Expulsion and pillage of a Roma village in Ukraine. Lack of measures to protect homes and no objective explanation of the facts. The passivity of the police during the attack, coupled with the village council resolution on the persecution of the Roma community, […]

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A prisoner refused to go to his grandmother’s funeral because the van that was to carry him was small and did not have a safety belt!

JUDGMENT  Jatsõšõn v. Estonia 30.10.2018 (no. 27603/15) see here   SUMMARY A detainee in prison in Estonia asked for permission to go to his grandmother’s funeral. The prison authorities granted him a permit and a small bus for his transportation. As soon as he saw the bus, the prisoner refused to board and be transferred to […]

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The parent can not be able to take measures that could harm his/her child. The removal of parental rights from a schizophrenic mother.

JUDGMENT  S.S. v. Slovenia 30.10.2018 (no.40938/16) see here SUMMARY Parental rights and schizophrenia. Removing parental rights from a mother suffering from schizophrenia and the then adoption of the child. According to the national courts, despite her psychological problems, there was no realistic chance that the applicant would take care of her daughter diligently. She complained […]

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Violent, intimidating and threatening journalistic attack on authors of the report regarding minority rights. Violation of privacy.

JUDGMENT Kaboğlu and Oran v. Turkey 30.10.2018 (no. 1759/08, 50766/10 and 50782/10) see here SUMMARY Official university report on the problems faced by minorities in Turkey. Journalists attacked the authors of the above report, using hate speech and incitement to violence with phrases such as “spilling blood”, “if we had beaten these people, people would […]

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Life-long deportation of a drug dealer father of six children. The right to respect for family life in the prevention of crime

JUDGMENT Assem Hassan Ali v. Denmark 23.10.2018 (no. 25593/14) see here   SUMMARY Life deportation. Family life. A Jordanian lived in Denmark and had originally married a stateless Palestinian woman with Danish citizenship and afterwards he was married to an Iraqi woman. He had a total of 6 children, all of whom were Danish citizens. He […]

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The non-exhaustive judicial inquiry into the custody of the child has violated the right of the father and the child to family life.

JUDGMENT Petrov and X v. Russia 23.10.2018 (no. 23608/16) see here SUMMARY Child custody. Unreasonable and sufficient reasons that establish the custody of the child, and not to the father. No expert opinion was sought, nor was the father’s request examined, nor were the medical documents taken into account as evidence. The ECtHR held that the […]

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The re-seizure of business related items which were handed over to the applicant’s lawyer before the latter could communicate with him did not provide sufficient guarantees against arbitrariness.

JUDGMENT Visy v. Slovakia 16.10.2018 (no.  70288/13) see here SUMMARY Investigation and confiscation of items without a legal warrant. The items were returned to the applicant’s lawyer and subsequently confiscated with a new warrant. The re-seizure of business objects, including legal documents protected by the client-client privacy relationship, which were returned to the lawyer rather […]

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Self determination of transgender persons regarding the name choice. Justice from the Court

JUDGMENT S.V. v. Italy 11.10.2018 (no. 55216/08) see here   SUMMARY The case concerned the Italian authorities’ refusal to authorise a transgender person with a female appearance to change her male forename, on the grounds that no final judicial ruling had been given confirming gender reassignment. In May 2001 the Rome District Court authorised S.V. to […]

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No breach of woman’s rights in home birth case, but Court calls on Croatia to regulate legislation more clearly

ΑΠΟΦΑΣΗ Pojatina v. Croatia 04.10.2018 (no.  18568/12) see here   SUMMARY The case concerned Croatian legislation on home births. The applicant in the case is a mother who gave birth to her fourth child at home with the help of a midwife from abroad. She alleged in particular that, although Croatian law allowed home births, women […]

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