ECHRCaseLaw

The ban on strikes by civil servants’ teachers did not take away the core of their freedom of association and did not violate the right of association

JUDGMENT Humpert and others v. Germany 14.12.2023 (app. no. 59433/18 and 3 others) see here SUMMARY The case concerned the disciplinary sanctions imposed on the applicants, teachers with civil-servant status, for having participated, during their working hours, in strikes organised by their trade union in order to protest against worsening working conditions for teachers. The […]

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Repeated refusal to register a human rights organisation due to failure to comply with legal formalities . Violation of the right of association

JUDGMENT Mariya Alekhina and others v. Russia 28.11.2023 (no. 2) (app. no. 10299/15) see here SUMMARY The case concerned the Russian authorities’ refusal to register the applicants’ human-rights organisation, “The Zone of Law”, which aimed to provide legal assistance to prisoners. The Court found overall that there had been a lack of detailed guidelines on […]

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Constitutional court with an illegitimate composition banned abortion for a woman whose fetus was diagnosed with Down Syndrome. Violation of privacy

JUDGMENT M.L. v. Poland 14.12.2023 (app. no. 40119/21) see here SUMMARY The applicant alleged in particular that she had been banned from having access to a legal abortion in the case of foetal abnormalities, following a 2020 Constitutional Court judgment. She had become pregnant and the foetus was diagnosed with trisomy 21. A scheduled hospital […]

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Difficulties in registering the birth of a person born abroad. Long delays in issuing birth certificates and identity cards. Violation of privacy

JUDGMENT G.Τ.Β. v. Spain 16.11.2023 (app. no. 3041/19) see here SUMMARY The case concerned attempts in Spain to register G.T.B.’s birth, which had taken place in Mexico. The Court found in particular that for the period from 2002-06, the Spanish authorities, despite sure knowledge that the documents needed could not be located in Mexico, had […]

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Investigation into circumstances of death of protesters lasted 23 years! Violation of the procedural part of Articles 2 and 3 of the ECHR

JUDGMENT Ștefan-Gabriel Mocanu and others v. Romania 12.12.2023  (app. no. 34323/21 and others) see here SUMMARY  The case concerned allegations made by the victims or the heirs of victims of the repression of antigovernment protests held in Bucharest in June 1990 as to the lack of an effective investigation. The Court found that, even after […]

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Imposing a disproportionately lenient sentence for sexual assault constitutes degrading treatment and an invasion of privacy!

JUDGMENT Vučković v. Croatia 12.12.2023  (app. no. 15798/20) see here SUMMARY The case concerned the sexual assaults that Ms Vučković, a nurse, suffered at the hands of an ambulance driver colleague while working shifts together. Her assailant was sentenced to 10 months’ imprisonment, but that sentence was commuted to community service on appeal. The Court […]

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Recruiting and coercing women to work as “web models” correctly qualified as trafficking in human beings

JUDGMENT Jasuitis and Šimaitis v. Lithuania 12.12.2023 (app. no. 28186/19 and 29092/19) see here SUMMARY The case concerned the applicants’ conviction for trafficking in human beings. They had hired a number of women to work as “web models”, but complaints were made by one woman that they had used threats and psychological violence to force […]

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Inhumane living conditions for a pregnant woman at the Samos Reception Centre. Violation of Article 3 of the ECHR

JUDGMENT M.L. v. Greece  23.11.2023 (app. no. 8386/20) see here SUMMARY The applicant complained about her living conditions at the KYT Samos on the basis of Articles 3 and 8 of the Convention. In her observations, she further complained about her living conditions and the restriction of her freedom in the Klitidi camp. The applicant […]

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Occupation of land by the State for the purpose of constructing a dike on a river. Compensation of owners. No finding of violation by the ECHR

JUDGMENT Sorasio and others v. Italy 05.11.2023 (app. no. 56888/16, 57121/16, 57145/16 and 57679/16) see here SUMMARY The case concerned the occupation of part of the applicants’ agricultural land in Villanova Solaro by the Interregional Agency for the Po River (Agenzia Interregionale per il fiume Po) for the building of an embankment, and the court […]

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Deportation of a Palestinian from the UK to Lebanon. Allegations of ill-treatment were not proven. Application dismissed

JUDGMENT H.A. v. the United Kingdom 05.12.2023 ( app. no. 30919/20) see here SUMMARY The applicant is a Palestinian refugee who grew up in the Ein El-Hilweh refugee camp in Lebanon. He sought asylum in the UK, claiming that he risked ill-treatment if he refused attempts to be recruited into extremist armed groups in Ein […]

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