Persons Category

ελευθερία της έκφρασης

Freedom of expression of a journalist and non-use of quotation marks for re-published text

JUDGMENT Milisavljević v. Serbia 04-04-2017 (no. 50123/06) see here  SUMMARY  Freedom of expression. Public person. Use of phrase without the use of quotation marks. Sentencing a journalist for a criminal offense was likely to prevent other journalists from contributing to public debate on issues that affect public life. The journalist had been convicted of using a […]

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Obstruction of parental and child communication is punishable by the Court

JUDGMENT Αneva κ.α. v. Bulgaria 06-04-2017 (no. 66997/13, 77760/14 and 50240/15) see here  SUMMARY Respect for family life. Obstruction of communication and contact with children. Three different parents appealed to the ECtHR on the grounds that they were unable to communicate with their children despite the existence of a custodial judgment or rights of communication, […]

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The State has a positive obligation to intervene in cases of dismissal of employees due to their participation in trade unions.

JUDGMENT Τek Gıda İş Sendikası v. Turkey  04-04-2017 (no. 35009/05) see here  SUMMARY  Participation in a trade union. Dismissal of workers, a positive obligation on the part of the state to prevent dismissals. The Turkish judicial authorities refused to recognize representative power in a trade union. This company did not lay off workers who were […]

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εξευτελιστική μεταχείριση

States must effectively investigate allegations of alien abuse and detention conditions

JUDGMENT Thuo v. Cyprus 04-04-2017 (no. 3869/07) see here  SUMMARY Inhuman and degrading treatment. Conditions of detention in a cell pending deportation. The Kenyan applicant was deported from Cyprus to Kenya after he was arrested and detained in a detention center for immigrants in anticipation of his deportation. Referring to Article 3 (prohibition of inhuman […]

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The conviction for malicious accusations of a municipal councilor is a violation of freedom of expression.

JUDGMENT Athanasios Makris v. Greece (application no. 55135/10) 9.3.2017 see here  SUMMARY Defamation. Freedom of expression. The applicant was mayor of Salamis for 12 years and at the relevant time he was a municipal councilor and head of the opposition party “Unity”. The case concerned his criminal conviction about malicious accusations because of the falsification, […]

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School violence by nursery school teachers to students and the obligation of public authorities to immediately investigate such phenomena

JUDGMENT V.K. v. Russia 7-3-2017 (no. 68059/13) see here  SUMMARY Inhuman treatment of a child in a kindergarten. The applicant’s mother during the time her child was in a nursery school found contractions in his eyes and the presence of a bruise on his left temple. The parents of the minor filed complaints before various authorities […]

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The multi-annual judicial war focusing on children’s communication directly affects the interests of minors and violates the ECHR

JUDGMENT D’Alconzo v. Italy 23-02-2017 (no. 64297/12) see here  SUMMARY Right to family life. Contact between father and his children. The case concerned the applicant’s inability to exercise the right of communication and contact with his two children. His former partner left for the US along with their children. The applicant denounced the matter before […]

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δικαίωμα στη ζωή

Death of a four-year-old boy was not properly investigated

JUDGMENT Ioniță v. Romania (application no. 81270/12) 10.01.2017 see here SUMMARY The case concerned the death of the applicants’ four-year-old son following an operation. The applicants complained that the authorities had failed to effectively investigate the incident, despite their repeated claims that it had been caused by the negligence of medical staff. The Court found […]

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The best interests of a child born from a surrogacy arrangement abroad ought to have been of paramount importance in the Italian authorities’ decisions

JUDGMENT Paradiso and Campanelli v. Italy (application no. 25358/12) 27.1.2015 see here  SUMMARY  The case concerned the placement in social-service care of a nine-month-old child who had been born in Russia following a gestational surrogacy contract entered into by a couple; it subsequently transpired that they had no biological relationship with the child. The Court […]

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Respect for the human body after death

JUDGMENT Elberte v. Latvia  13.01.2015 (no.  61243/08) see here SUMMARY: The case concerned the removal of body tissue from Ms Elberte’s deceased husband by forensic experts after his death, without her knowledge or consent. Unknown to Ms Elberte, pursuant to a State-approved agreement, tissue had been removed from her husband’s body after her husband’s autopsy […]

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