ECHRCaseLaw

Children born to a surrogate mother abroad. Does the refusal to register the birth certificate where it stated as the mother the “intended” mother rather than the biological one violate family life?

JUDGEMNT C and E v. France 12.12.2019 (no. 1462/18 and 7348/18) see here SUMMARY Birth through a surrogate mother and the right to have a parental relationship with the person who the child wants. Refusal by the French authorities to enter into the French register full details of birth certificates of children born through a […]

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The reasoned home investigation did not violate the right to privacy. Seizure of documents in order to conduct an investigation is a bearable restriction on the freedom of expression

JUDGMENT Man and others v. Romania 12.12.2019 (no.39273/07) see here SUMMARY The case originated in accusations against an investigative journalist, Liviu Aurel Man, and his team for operating a blackmailing network. The applicants, Mr Man, his wife and their media companies, brought multiple complaints under the Convention, essentially connected to the search-and-seizure operation at their […]

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Failure to exercise the communication rights of a father with his daughter for eight years due to the mother’s opposition violated the father’s right to family life

JUDGMENT Luzi v. Italy 5.12.2019 (no. 48322/17)  see here SUMMARY The applicant’s inability to exercise his right to communicate with his daughter due to the mother’s opposition. The Court found that, in view of the mother’s opposition, which had been going on for eight years, the national authorities had not taken all the necessary measures […]

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Ongoing detention of human rights defender violates the ECHR

JUDGMENT Kavala v. Turkey  10.12.2019 (no. 28749/18) see here SUMMARY In this case, Mr Kavala, a businessman who has been involved in setting up numerous nongovernmental organisations (“NGOs”) and civil-society movements which are active in promoting and protecting human rights, argued that his arrest and placement in pre-trial detention had been unjustified. The Court noted […]

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The degrading treatment of a prisoner and the incomplete investigation of the case violated the substantive and procedural aspect of Article 3 of the ECHR

JUDGMENT J.M. and others v. France 5.12.2019 (no. 71670/14) see here  SUMMARY The case concerned the applicant’s complaints of inhuman and degrading treatment and disproportionate use of force by prison staff while he was in detention, and his allegation that the subsequent investigation had been ineffective and lacked independence. The Court held that the applicant […]

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Author’s and writers’ convinction of their comments on an article on Islam was excessive and violated the freedom of expression

JUDGMENT Tagiyev and  Huseynov v. Azerbaijan 5.12.2019 (no. 13274/08) see here  SUMMARY The case concerned the applicants’ conviction for inciting religious hatred and hostility with their remarks on Islam in an article they had published in 2006. The Court found in particular that the national courts had not justified why the applicants’ conviction had been […]

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Gender quotas in combinations of candidates in national elections. Party exclusion due to gender quota violations in accordance with the ECHR

JUDGMENT Zevnik and others v. Slovenia 5.12.2019  (no. 54893/18) see here  SUMMARY Right to Free Elections and Electoral Legislation. Two of the applicants are political parties that have nominated themselves in the elections. These parties were owned by two of the applicants. Participation in the parties was rejected because there was no required quota of […]

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Botox, animal experiments and freedom of expression!

JUDGMENT Schweizerische Radio- und Fernsehgesellschaft and others v. Switzerland 5.12.2019 (no. 68995/13) see here SUMMARY The case concerned the outcome of a complaint concerning a television programme on Botox (botulinum toxin): the domestic authorities had found that the programme had not broached the issue of the animal experiments required for manufacturing the product, and had […]

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The illtreatment in prison by guards of a convict for sexually abusing a child constitutes inhumane and degrading treatment. The ineffective and incomplete investigation of his complaint constitutes a breach of the procedural limb of Article 3.

JUDGMENT Jevtović v, Serbia 03.12.2019 (no.  29896/14) see here  Prohibition of torture, ill-treatment limits and obligation to investigate. The applicant was convicted of sexually abusing a minor of only three years old. During his imprisonment, he was mistreated four times by guards. The authorities claimed that this was a justified attack in order to suppress […]

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The imposition of temporary detention pending a decision to extend a therapeutic measure despite the absence of a relevant provision violated the right to liberty and security. Proportional provisions are not permitted in respect of temporary detention.

JUDGMENT I.L. v. Switzerland 3.12.2019  (no.  72939/16) see here   SUMMARY Temporary detention, legal provision and restrictions. The applicant was sentenced to 14 months in prison and to therapeutic treatment. The execution of the prison sentence was suspended due to monitoring of the therapeutic measure. Five years after the implementation of the measure in question, the […]

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ECHRCaseLaw

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