Private life Archives

Occupation of the land for roadside housing by a minority. The evacuation order for the purpose of public safety did not violate the right to residence

Article 8
08/04/2022 19:22

JUDGMENT Faulkner v. Ireland (app. no. 30391/18) and Mcdonagh v. Ireland (app. no. 30416/18) 31.03.2022 see here SUMMARY The applicants, Christina Faulkner and Bridget McDonagh, sisters of each other, are members of the Traveler Community (a recognized ethnic group in Ireland) and live in Limerick, Ireland. They both moved with their families to a roadside […]

Monitoring and uploading of prisoners’ mail! Violation of respect for privacy and correspondence

Article 8
29/03/2022 14:41

JUDGMENT Nuh Uzun and others v. Turkey 29.03.2022 (app. no. 49341/18 and 13 other applications) see here SUMMARY The case mainly concerned the uploading of the applicants’ correspondence, while they were in detention, onto the National Judicial Network Server. The Court held that there had been a violation of Article 8 (right to respect for […]

Failure to obtain written consent before a surgical operation as required under Spanish law led to a breach of the Convention

Article 8
25/03/2022 18:49

JUDGMENT Reyes Jimenez v. Spain 08.03.2022 (app. no. 57020/18) see here SUMMARY The case concerned a severe deterioration in the physical and neurological health of the applicant, who had been a minor at the time and who was now in a state of total dependence and disability following three surgical operations which he underwent to […]

House arrest with the use of handcuffs, without the consent of the arrested. Violation of the right to respect for the home

Article 8
09/03/2022 18:53

JUDGMENT Sabani v. Belgium 08.03.2022 (app. no. 53069/15) see here SUMMARY The case concerned the applicant’s arrest inside her home by the police, after she had been served with an order to leave the country, accompanied by a decision to keep her in a designated place. The Belgian police had gone to the applicant’s place […]

A transgender man has asked for a complete modification or reissue of his birth certificate after a gender reassignment. The refusal of the authorities did not violate the ECHR

Article 14
17/02/2022 16:49

JUDGMENT Y v. Poland 17.02.2022 (app. no. 74131/14) see here SUMMARY Gender reassignment from woman to man and birth certificates. Refusal of the authorities to completely modify his birth certificate or issue an existing new one, after the gender reassignment. Although a court decision had been issued allowing him to modify his birth certificate to […]

Retroactive application of a law that deprived parents of compensation for a child born disabled due to lack of prenatal care. Violation of respect for property

1st P - Article 1
12/02/2022 20:41

JUDGMENT N.M. and others v. France 03.02.2022 (app. no. 66328/14) see here SUMMARY Child disability due to lack of prenatal control. Retroactive application of non-compensation legislation. Protection of property. The case concerns the rejection, by the administrative courts, of the arguments put forward by the first two applicants – and the third applicant’s parents – […]

Adoption procedure regarding a child without the right to communicate with her biological parents. Violation of respect for family life

Article 8
23/01/2022 17:54

JUDGMENT A.L. and others v. Norway (app. no. 45889/18) and E.M. and others v. Norway 20.01.2022 (app. no. 53471/17) see here SUMMARY The case concerned an alleged violation of the right to respect for family life of the applicant, who was also acting on behalf of her daughter, on account of the latter’s subsequent adoption. […]

Secret surveillance of communications and unsecured access to personal data! Violation of the right to respect for private and family life

Article 8
12/01/2022 20:31

JUDGMENT Ekimdzhiev and others v. Bulgaria 11.01.2022 (app. no. 0078/12) see here SUMMARY The case concerned secret surveillance and the system of retention and subsequent accessing of communications data in Bulgaria. Two of the applicants had previously had a judgment in their favour in the case Association for European Integration and Human Rights and Ekimdzhiev […]

The refusal by a Christian-run bakery to make a cake with the words “Support Gay Marriage” and the QueerSpace logo on it. The application is inadmissible due to non-invocation of the articles of the ECHR in the domestic courts

Article 10
08/01/2022 14:36

JUDGMENT Lee v. the United Kingdom 06.01.2022 (app. no. 18860/19) see here SUMMARY Refusal to write on a cake a slogan in favor of same-sex marriage. Privacy, freedom of expression and non-discrimination. Invoking ECHR provisions explicitly or in substance in national courts. Inadmissible application. A bakery belonging to a Christian company refused the applicant to […]

Non-granting of Polish citizenship to the children of a same sex couple born through a surrogate mother! The Polish authorities did not violate the ECHR

Article 8
09/12/2021 19:39

JUDGMENT S.-Η. v. Poland 09.12.2021 (app. no. 56846/15 and 56849/15) see here SUMMARY The applicants’ parents are a same-sex couple, who in 2010 had the children conceived via a surrogacy agreement. The applicants were confirmed as children of their parents by the Superior Court of California. The case concerned their application for Polish citizenship (one […]

Private life