Private life

The interference with the detainee’s letter to his lawyer by prison authorities violated the right of respect for privacy and correspondence

JUDGMENT KARATAY v. TÜRKİYE 07.03.2023 (app. no. 28377/11) see here SUMMARY The applicant complained of the violation of his rights protected by the Convention and its Protocols, because of restrictions imposed on him, which stemmed from a prison sentence imposed on him for having intentionally committed an offence. Regarding the alleged violation of article 6 […]

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Defamatory statements by a Minister at a press conference about a former Minister’s advisor. Defamation and invasion of privacy

JUDGEMENT Romanowski v. Poland 12.01.2023 (app. no. 55297/16) see here  SUMMARY The applicant, who had worked as one of several assistants and advisors to an outgoing Minister of Justice, brought a civil action for personal rights’ infringement against the incoming Minister in relation to the latter’s statements that the office laptops used by the outgoing […]

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Refusal by the Russian authorities to ensure legal recognition and protection of same-sex couples. Violation of private and family life

GRAND CHAMBER JUDGEMENT Fedotova and others v. Russia 17.01.2023 (app. nos. 40792/10, 30538/14 and 43439/14)  see here SUMMARY The six applicants formed three same-sex couples. On various dates they gave notice of marriage to their local departments of the Register Office. The applicants alleged that they were unable to have their respective relationships recognized and […]

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A child born through surrogacy from a same-sex male couple. The refusal to recognize a parent-child relationship violated the privacy of the latter

JUDGMENT D.Β. and others v. Switzerland  22.11.2022 (app. no. 58817/15 and 58252/15) see here SUMMARY The case concerned a same-sex couple who were registered partners and had entered into a gestational surrogacy contract in the United States under which the third applicant had been born. The applicants complained in particular that the Swiss authorities had […]

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Courts are required to expeditiously examine child custody cases. Issuing of a decision after 7 months. Violation of Article 8 of the ECHR

JUDGMENT Μ.Η. v. Poland 01.12.2022 (app. no. 73247/14) see here SUMMARY Children’s custody. Family life. Obligation of national courts to act with speed and diligence. The applicant claimed legal custody of her daughter when her husband moved out of their family home, without her knowledge and without her consent, together with their child. The initial divorce […]

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Forced abortions without the consent of mentally disabled applicants and ineffective investigation by national authorities constitute inhuman and degrading treatment

JUDGMENT G.Μ. and others v. Republic of Moldova  22.11.2022 (app. no. 44394/15) see here SUMMARY The case  concerned the imposition of abortions and birth-control measures on three intellectually disabled women, residents in a neuropsychiatric asylum, after they had been repeatedly raped by one of the head doctors there, and the investigation into their complaints. The […]

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