Private life

απαλλοτρίωση

The demolition of a house that was knowingly constructed in a forest area, did not violate the right to privacy

JUDGMENT Kaminskas v. Lithuania 04.08.2020 (app. no. 44817/18) see here SUMMARY Demolition of a house in a forest area and protection of the environment. Right to privacy. Court decision for demolition of an illegal building of the applicant, who built it in a forest area, knowing the forest character of the property. The applicant’s situation […]

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Widow’s request for exhumation and transfer of her husband’s body to another country. Failure to consider the request violated private and family life

JUDGMENT Drašković v. Montenegro 09.06.2020 (app. no. 40597/17) see here  SUMMARY The case concerned the applicant’s wish to have her husband’s remains removed from Montenegro to Bosnia and Herzegovina, which another member of the family refused to allow. The Court found in particular that such a dispute fell to be examined under both the private […]

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Deprivation of citizenship due to terrorism-related offenses did not violate the right to privacy

JUDGMENT Ghoumid and others v. France  25.06.2020 (app. 52273/16, 52285/16, 52290/16, 52294/16 and 52302/16) see here SUMMARY The case concerned five individuals, formerly having dual nationality, who were convicted of participation in a criminal conspiracy to commit an act of terrorism. After serving their sentences they were released in 2009 and 2010, then stripped of […]

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Prosecution statements for violation of activists’ offenses before trial. Use of the toilet from a detainee in the presence of a male police officer! Violation of the presumption of innocence and privacy

JUDGMENT Yunusova and  Yunusov v. Azerbaijan  16.07.202  (no. 2) (app. no. 68817/14) see here SUMMARY Defenders of Human Rights and heaps of violations against them. Protection from the Court. The applicants are activists, members of NGOs that aim to promote dialogue between civil society. They had been summoned as witnesses in a third-party trial and […]

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The condition of adoption as recognition of the legal relationship between mother and child, born of a surrogate mother, does not constitute discrimination or violation of privacy.

JUDGMENT D. v. France 16.07.2020 (app. no.  11288/18) see here   SUMMARY  The case concerned the refusal to record in the French register of births, marriages and deaths the details of the birth certificate of a child born abroad through a gestational surrogacy arrangement in so far as the certificate designated the intended mother, who was […]

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The lack of access of a transgender Iranian to a gender recognition process, because his / her registration certificate had not been issued in the country where he / she lived, violated his / her privacy.

JUDGMENT Rana v. Hungary 16.7.2020 (no. 40888/17) see here  SUMMARY The case concerned a transgender man from Iran who had obtained asylum in Hungary but could not legally change his gender and name in that country. The Court noted that the domestic system for gender recognition had excluded the applicant simply because he did not […]

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Rejection of a transgender’s request for a change of his name and gender. Violation of the right to privacy

JUDGMENT Y.T. v. Bulgaria 09.07.2020  (no. 41701/16) see here  SUMMARY The case concerned a transsexual (Y.T.) who had taken steps to change his physical appearance and whose request for (female to male) gender reassignment had been refused by the Bulgarian courts. He claimed that he had become aware of his male gender identity during adolescence […]

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Disbarrement of a lawyer by a bar association because he criticized a public judge for tarnishing the reputation of the judiciary. Violation of freedom of expression and privacy.

JUDGMENT Bagirov v. Azerbaijan  25.06.2020 (no. 81024/12 and 28198/15) see here  SUMMARY Disbarrement of a lawyer by a Bar Association. Lawyer’s confidentiality duty. Freedom of expression and the right to privacy. The applicant, a lawyer by profession, disclosed the cause of death of his client’s son. He was suspended from practising law for one year, for […]

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The birth certificate, which implied that the child had not been baptized, violated the family’s right not to disclose their religious beliefs.

JUDGMENT Stavropoulos and others v. Greece 25.06.2020 (no. 52484/18) see here SUMMARY The case concerned the practice of certain registry offices in Greece indicating on birth certificates when a child is named by a civil act. Stavroula-Dorothea Stavropoulou and her parents, the applicants in the case, complained in particular that the handwritten note “naming” on […]

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