Persons Category Archives

Inclusion of the applicant’s name on an internal list of teachers deemed unfit for appointment to public schools due to doubts as to their loyalty to the Constitution. No violation of Article 10 of the ECHR

Article 10
30/11/2022 08:02

JUDGMENT Godenau v. Germany 29.11.2022 (app. no. 80450/17) see here SUMMARY The applicant, Ingeborg Godenau, is a German national who was born in 1954 and lives in Gilserberg (Germany). She was a secondary school teacher in the federal state of Hesse until 2006, when she was fired due to serious doubts about her loyalty to […]

Prohibition of cohabitation of partners in the interest of the woman’s minor child from a previous marriage! Violation of respect for family life

Article 6 - Par. 1
28/11/2022 07:34

JUDGMENT N.V. and C.C. v. Malta 10.11.2022 (app. no. 4952/21) see here SUMMARY Cohabitation of couples in a stable relationship. Best interests of the child and positive obligations of the state for family reunification. The applicants are in a stable relationship and have one child. The partner has custody of her first child from a previous […]

A Ukrainian was sentenced in Hungary to life imprisonment with the possibility of parole. Ukraine, where he is serving his sentence, did not recognize the pending dismissal! Inhuman treatment and violation of Article 7

Article 3
28/11/2022 07:27

JUDGMENT Kupinskyy v. Hungary 10.11.2022 (app. no. 5084/18) see here SUMMARY Sentenced to life imprisonment with the possibility of parole. In the country where the annuities are established, conditional dismissal is not provided for. Imposition of a more severe penalty. Deprivation of the possibility of parole for life. Inhuman and degrading treatment. Violation of Article 7 […]

The best interest of the children overrides the contact rights of the father when there is a risk to their safety! Violation of the family life

Article 8
24/11/2022 19:35

JUDGMENT Ι.Μ. and others v. Italy 10.11.2022 (app. no. 25426/20) see here SUMMARY The case concerned the allegation by the applicants (a mother and her two children) that the Italian State had failed in its duty to protect and assist them during contact sessions with the children’s father, a drug addict and alcoholic accused of […]

Court decision to withdraw a statement that constituted a statement of facts regarding tax evasion by a public figure. Violation of freedom of expression

Article 10
20/11/2022 16:54

JUDGMENT Marcinkevičius v. Lithuania 15.11.2022 (app. no. 24919/20) see here SUMMARY The case concerned a court order issued to Mr Marcinkevičius to withdraw a statement – which the courts had found to constitute a statement of fact and to be defamatory – given in an interview to Delfi, a news website, about a co-founder of Vilniaus […]

Removal of parental custody because the father was accused of sexually abusing his children did not violate the protection of family life. The best interest of the children comes first

Article 8
19/11/2022 07:24

JUDGMENT A and others v. Iceland 15.11.2022 (app. no. 25133/20 and 31856/20) see here SUMMARY The case concerned a couple’s loss of custody of their two children following accusations of sexual abuse. The accusations were against the father, who was prosecuted, but ultimately acquitted. The Court found in particular that the decision to deprive the […]

By choosing only the criminal law avenue, the applicant was deprived of the possibility of redress, through the civil proceedings, for the alleged damage to his reputation.

Article 8
11/11/2022 07:26

JUDGMENT Mas Gavarró v. Spain 10.11.2022 (app. no. 26111/15) see here SUMMARY The case concerned the publication of a number of articles in the daily newspaper El Mundo which according to the applicant had damaged his reputation. As the Government pointed out, the applicant could have brought an action for the publication of a correction […]

Mandatory retirement penalty for an ambassador due to inappropriate behavior towards female employees. No violation of due process

Article 6 - Par. 1
07/11/2022 07:58

JUDGMENT Dahan v. France 03.11.2022 (app. no. 32314/14) see here SUMMARY The case concerned a set of disciplinary proceedings brought against Mr Dahan for inappropriate behaviour towards female staff members during his time as an ambassador, culminating in a penalty of compulsory retirement ordered by the President of the Republic. The issue raised before the […]

The authorities’ failure to monitor the conditions of the upbringing of a minor by a foster family. The statute of limitation of the claim starts from receipt of proof of damage. Sexual abuse of a minor

Article 3
07/11/2022 07:52

JUDGMENT Loste v. France 03.11.2022 (app. no. 59227/12) see here SUMMARY Authorities liability in case of fostering a minor. The case concerned an applicant who complained of failings by the child welfare service (ASE) regarding the follow-up of her placement with a foster family at the age of five. In support of her application she […]

Asylum seeker was left on the street without shelter and cwithout material assistance to meet his basic needs! Application of interim measure in Belgium to enforce a court order

ECHR Decisions
03/11/2022 07:28

JUDGMENT Camara v. Belgium (app. no. 49255/22) see here SUMMARY On October 31, 2022, the ECtHR decided to impose an interim measure in the case of Camara v. Belgium (app. no. 49255/22). The case concerns a Guinean national who applied to the Belgian authorities for international protection on 15 July 2022. Since then he has […]

Persons Category