ECHRCaseLaw

Disabled student. Suitable facilities and education for people with disabilities. Romania has taken adequate measures to allow access.

JUDGMENT Stoian v. Romania 25.06.2019 (no.289/14) see here SUMMARY  Disabled student. Facilities suitable and edication for people with disabilities. Romania has taken adequate measures to enable access to suitable facilities in schools for pupils with special needs and to provide adequate support for their education. The Stoian v. Romania case (No 289/14) concerned the complaints […]

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New born with permanent mental disability. Condemnation from the Court for ineffective investigation of any medical malpractice.

JUDGMENT Ulusoy v. Turkey 25.06.2019  (no. 54969/09) see here SUMMARY  Medical negligence and state responsibility. Insufficient and ineffective research to detect medical negligence in the prenatal process and the process of delivery. Implementation of Article 8 on matters relating to the protection of the moral and physical integrity of individuals in the context of healthcare […]

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Protest against the felling of trees into a park and protestors’ rights.

JUDGMENT  Chernega and others v. Ukraine  18-06-2019 (no. 74768/10) see here   SUMMARY  A protest againstthe felling of trees in a public park to build a road. Allegations of violations of protesters’ rights. State responsibility for acts of private guards recruited by a private company and coercing in the presence of the police. The ECtHR found […]

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The failure of the state to secure the father’s reunification with his minor daughter, which her mother brought her to another country, violated the right to respect for family life.

JUDGMENT  Vladimir Ushakov v. Russia 18.06.2019 (no. 15122/17) see here  SUMMARY Right to reunite father with a minor daughter. State obligation to develop their ties. The applicant, a Russian national, was resident in Finland. He had a daughter with his wife. At the time of their divorce, the former spouse settled with her daughter in […]

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Reunion of a daughter and her father after his acquittal for domestic violence. The failure of the state to ensure reunification violated the right to respect for family life

JUDGMENT Ηaddad v. Spain 18.06.2019   ( no. 16572/17) see here   SUMMARY Parent’s right to exercise parental custody for his child without interruption. The applicant, a Syrian national, was deprived of the communication and parental responsibility of his three minor children, by a court ruling, following the lawsuit filed by his wife against domestic violence. During the […]

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Judge in litigation against administrative courts! The refusal to examine proposed witnesses, the rejection of the requested oral hearing and the inadequate statement of reasons for the judgments violated the right to a fair trial.

JUDGMENT  Bileski v. North Macedonia 06.06.2019 (no. 78392/14) see here   SUMMARY  Violation of the fair trial by the administrative courts. Reasoning of  court judgments. Denial of examination of important witnesses. Dismissal of the oral hearing of the party. Alleged co-operation with the security services of the former Communist regime. In 2012, the Fact Verification Commission […]

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Judge impartiality. Participation in court panel, which examined bank executives, a judge whose son was a legal advisor to the same bank, raises suspicions of a lack of impartiality. Failure to examine a witness that was not essential does not violate the fair trial.

JUDGMENT Sigurður Einarsson and others v. Iceland 04.06.19 (no. 39757/15)  see here  SUMMARY  Impartiality  ofJudge and fair trial. Not examination of witness that was not  essential. The conditions for ensuring fair trial are, inter alia, the impartiality of the judge, access to evidence and the examination of witnesses. The applicants, senior executives at Kaupping Bank, […]

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The Fillipino, the Consul and the disciplinary conviction. Failure to take account of all evidence by the Board of Directors renders the trial unfair.

JUDGMENT Loupas v. Greece 20-06-2019 (application no. 21268/16) see here  SUMMARY Six months suspension of the General Consul in Geneva for not paying overtime to a Filipino national working in her residence. The Greek State provided evidence before the Swiss courts to prove that the Philippines was not a personal employee of the Consul, but […]

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Home birth. Legislative ban on medical assistance at planned home birth. No violation of private life

JUDGMENT Kosaitė – Čypienė and others v. Lithuania 04-06-2019 (no. 69489/12) see here SUMMARY Home births. The applicants, four women, had unsuccessfully requested that the Ministry of Health amend the legislation that prohibited medical professionals from assisting in home births. The Court found that Lithuania had struck a fair balance between the interests involved: namely, […]

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Strasbourg, the suspension of the plenary session of the Catalan Parliament and the freedom of assembly

JUDGMENT  Forcadell i Lluis and others v. Spain 28.05.2019  ( no. 75147/17) see here   SUMMARY  Suspension of the plenary session of the Catalan Parliament. Freedom of assembly. Suspension of law, ensuring public security and protection of the rights and freedoms of others. The applicants complained that the temporary suspension of the Parliament’s plenary session, ordered by the […]

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ECHRCaseLaw

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