JUDGMENT Beluch v. Poland 28.09.2023 (app. no. 4065/21) see here SUMMARY The applicant’s daughter X. was born in January 2010. The applicant divorced her mother M.M. shortly after the birth of their daughter in March 2010. In May 2010, the applicant asked the Regional Court to regulate the rights of communication with X. due to […]
JUDGMENT Baret and Caballero v. France 14.09.2023 (app. no. 22296/20 and 37138/20) see here SUMMARY The cases concerned the prohibition on exporting the sperm of the first applicant’s deceased husband and the embryos created by the second applicant with her deceased husband to Spain, a country where posthumous conception was permitted. The Court found in […]
JUDGMENT Gauvin–Fournis and Silliau v. France 07.09.2023 (app. no. 21424/16) see here SUMMARY The case concerned the inability, alleged by the applicants, who were born in the 1980s by means of medically assisted procreation (MAP) using third-party donors, to access information concerning the respective donors. This situation had lasted until 1 September 2022, when a […]
JUDGMENT Künsberg Sarre v. Austria 17.01.2023 (app. no. 19475/20) see here SUMMARY The applicants are all members of the same family (two brothers, a husband and a son). They have the surname “von Künsberg Sarre”, which was first used by their distant ancestor when he went to America in 1961. The domestic authorities ex officio […]
JUDGMENT Ovcharenko and Kolos v. Ukraine 12.01.2023 (app. no. 27276/15 and 33692/15) see here SUMMARY Private life. Dismissal of judges of the Constitutional Court by Parliament for participation in a decision, without a clear interpretation of the imputed “breach of oath” and the scope of their immunity. Judicial review of Parliament’s decision to dismiss them […]
JUDGMENT Mayboroda v. Ukraine 13.04.2023 (app. no. 14709/07) see here SUMMARY Medical intervention and informed consent. Privacy protection. The applicant underwent surgery during which one of her kidneys was urgently removed to save her life due to internal bleeding. She had not provided written consent for the operation in question, nor had she been informed […]
JUDGMENT R.K. v. Hungary 22.06.2023 (app. no. 54006/20) see here SUMMARY Private life. The applicant, a transgender person, submitted a request to change his “gender” and name, attaching medical reports from a specialist clinical psychologist, psychiatrist and gynecologist as required by national law. His request was rejected on the grounds that he did not meet […]
JUDGMENT Negru v. Democracy of Moldova 27.06.2023 (app. no. 7336/11) see here SUMMARY In July 2008 the applicant was arrested after presenting herself at the police station as part of a criminal investigation against her on charges of forging documents. In May 2010 the public prosecutor decided to initiate proceedings against her in her absence […]
JUDGMENT Emin Huseynov v. Azerbaijan (no. 2) 13.07.2023 (app. no. 1/16) see here SUMMARY The case concerned the applicant’s complaint about being deprived of his Azerbaijani citizenship in June 2015, making him stateless. At the time he was an independent journalist and the chairman of a non-governmental organisation specialising in the protection of journalists’ rights. […]
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Disciplinary sanctions against a judge for criticizing judicial reforms! Violation of privacy and freedom of expression
JUDGMENT Tuleya v. Poland 06.07.2023 (app. no. 21181/19 and 51751/20) see here SUMMARY The case originated in the new disciplinary regime for judges in Poland. The applicant, Igor Tuleya, a well-known judge, complained about five sets of preliminary inquiries initiated against him in 2018 on suspicion of disciplinary misconduct. He notably complained that one of […]