id int64 1 1.1k | case_name stringlengths 5 78 | judgement_date stringlengths 0 88 | facts_summary stringlengths 30 1.9k | law_summary stringlengths 17 3.02k | title stringlengths 0 91 | subtitle stringlengths 0 151 | facts_source list | law_source list |
|---|---|---|---|---|---|---|---|---|
101 | R.M.S. v. Spain | 18 June 2013 | This case concerned the placement of a child with a foster family on account of her mother’s financial situation and without taking into account subsequent change in circumstances. The applicant complained mainly of being deprived of all contact with her daughter and being separated from her without good reason. | The Court held that there had been a violation of Article 8 (right to respect for private and family life) of the Convention, finding that the authorities had failed to make adequate and effective efforts to secure the applicant’s right to live with her child and had thereby breached her right to respect for her privat... | Parental Rights | Taking of children into care | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1979 and lives in La Porrosa (Chiclana de Segura, Jaén).",
"A. Background to the case and placement of child G. in a children's home",
"6. The applicant, the daughter of a Guinean father and a Spanish mother, was living at the time of her daugh... | [
"THE LAW",
"I. ALLEGED VIOLATION OF ARTICLE 8 OF THE CONVENTION",
"56. The applicant alleged that she had been deprived of all contact with her daughter and separated from her without valid reason. She maintained that the administrative authorities had decided to place her daughter in pre ‑ adoption care before... |
102 | I.S. v. Germany | 5 June 2014 | The applicant in this case complained of not being able to have regular contact and receive information about her biological children who had been adopted by another couple. She submitted that the German courts’ decisions on contact and information with regard to her children had breached her rights, in particular, und... | The Court held that there had been no violation of Article 8 (right to respect for private and family life) of the Convention finding that, by consenting to the adoption, the applicant had knowingly given up all rights as regards her biological children. The arrangements concerning her right to regularly receive inform... | Parental Rights | Taking of children into care | [
"5. The applicant, Ms I. S., was born in 1962 and lives in Bielefeld.",
"I. THE CIRCUMSTANCES OF THE CASE",
"A. Background to the case",
"6. The applicant married in 1986 and had two children. In 1991 and 1992 she suffered miscarriages and a stillbirth, which caused her a long lasting psychological trauma.",
... | [
"II. RELEVANT DOMESTIC LAW",
"A. Article 6 § 1 and 2 of the Basic Law",
"“(1) Marriage and the family shall enjoy the special protection of the State.",
"(2) The care and upbringing of children is the natural right of parents and a duty primarily incumbent upon them. The State shall watch over them in the per... |
103 | Achim v. Romania | 24 October 2017 | This case concerned the placement in care of the applicants’ seven children on the grounds that the couple had not been fulfilling their parental duties and obligations. The applicants complained, firstly, of the placement in care of their children, which they deemed unjustified and, secondly, of the court of appeal’s ... | The Court held that there had been no violation of Article 8 (right to respect for private and family life) of the Convention. It found in particular that the children’s temporary placement in care had been justified by relevant and sufficient reasons and that the authorities had been endeavouring to safeguard their in... | Parental Rights | Taking of children into care | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicants, who belong to the Roma ethnic group, were born in 1970 and 1957 respectively and live in Mănăstirea (Călărași).",
"6. At the relevant time they were living together in a de facto partnership and were the parents of seven children:",
"– E. and E.S., a boy... | [
"THE LAW",
"I. ALLEGED VIOLATION OF ARTICLE 8 OF THE CONVENTION",
"77. The applicants complained, firstly, that their children had been placed in care unjustifiably, and, secondly, by a letter of 12 April 2012, that they had been unable to obtain the children ’ s return to their family, given the dismissal of t... |
104 | Tlapak and Others v. Germany | 22 March 2018 | These cases concerned the partial withdrawal of parental authority and the taking into care of children belonging to the Twelve Tribes Church (Zwölf Stämme), living in two communities in Bavaria. In 2012 the press reported that church members punished their children by caning. The reports were subsequently corroborated... | The Court held that there had been no violation of Article 8 (right to respect for private and family life) of the Convention, finding that the German courts, in fair and reasonable proceedings in which each child’s case had been looked at individually, had struck a balance between the interests of the parents and the ... | Parental Rights | Taking of children into care | [
"I. THE CIRCUMSTANCES OF THE CASE",
"6. The applicants in application no. 11308/16 (Tlapak) are a mother and father. Their son J. was born on 15 January 2012. The applicants in application no. 11344/16 (Pingen) are also a mother and father. Their two daughters A. and B. were born on 7 October 2009 and their son G... | [
"II. RELEVANT DOMESTIC LAW",
"A. German Basic Law ( Grundgesetz )",
"50. Article 1 § 1 of the Basic Law reads as follows:",
"“(1) Human dignity shall be inviolable. To respect and protect it shall be the duty of all state authority. ”",
"51. Article 2 of the Basic Law, in so far as relevant, reads as follow... |
105 | Wunderlich v. Germany | 10 January 2019 | This case concerned the withdrawal of some aspects of the parents’ authority and the removal of the four children from their family home for three weeks, after the applicants persistently refused to send their children to school. The applicants complained about the decision by the German authorities to withdraw parts o... | The Court held that there had been no violation of Article 8 (right to respect for private and family life) of the Convention. It found in particular that the enforcement of compulsory school attendance in order to ensure the children’s integration into society was a relevant reason for justifying the partial withdrawa... | Parental Rights | Taking of children into care | [
"I. THE CIRCUMSTANCES OF THE CASE",
"A. Background to the case",
"6. The applicants, Petra Wunderlich, who was born in 1967, and Dirk Wunderlich, who was born in 1966, are married to each other.",
"7. The applicants are the parents of four children: M. (born in July 1999), J. (born in September 2000), H. (bor... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. German Basic Law ( Grundgesetz )",
"24. Article 6 of the Basic law, in so far as relevant, reads as follows",
"“(1) Marriage and the family shall enjoy the special protection of the State.",
"(2) The care and upbringing of children is the natural right of parent... |
106 | Haddad v. Spain | 18 June 2019 | The applicant’s three children, including his daughter, then aged one and a half, were placed in a residential centre in Madrid, at their mother’s request, and declared abandoned. The children were later placed in centres in Murcia. The applicant was not informed of their placement. As criminal proceedings were pending... | The Court held that there had been a violation of Article 8 (right to respect for private and family life) of the Convention, finding that the Spanish authorities had not made appropriate or sufficient efforts to ensure respect for the applicant’s right to live with his daughter, together with her brothers. It noted in... | Parental Rights | Taking of children into care | [
"THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1976 and lives in Madrid.",
"The background to the case and the criminal proceedings against the applicant",
"6. In January 2012 the applicant and his wife, a Spanish national, left Syria with their three minor children because of the armed confli... | [
"RELEVANT DOMESTIC LAW",
"31. The provisions of the Constitution of relevance to the present case read as follows:",
"Article 24",
"“1. Everyone shall have the right to effective protection by the judges and courts in the exercise of his or her rights and legitimate interests; in no circumstances may there be... |
107 | Strand Lobben and Others v. Norway | 10 September 2019 | This case concerned the Norwegian authorities’ decision to remove a mother’s parental authority and let foster parents adopt her son. The applicants – the mother and her son – complained about the domestic authorities’ decision to remove the mother’s parental authority and let the child’s foster parents adopt him. | The Grand Chamber held that there had been a violation of Article 8 (right to respect for private and family life) of the Convention in respect of both applicants. It found in particular that the main reason for the Norwegian authorities’ actions had been the mother’s inability to care properly for her son, in particul... | Parental Rights | Taking of children into care | [
"I. THE CIRCUMSTANCES OF THE CASE",
"A. Background",
"10. In May 2008 the first applicant turned to the child welfare services because she was pregnant and was in a difficult situation: she did not have a permanent home and was temporarily staying with her parents.",
"11. On 10 June 2008 the first applicant a... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. The Child Welfare Act",
"122. The relevant sections of the Child Welfare Act of 17 July 1992 ( barnevernloven ) provide :",
"Section 4-1. Consideration of the child ’ s best interests",
"“When applying the provisions of this chapter, decisive importance shall be... |
108 | K.O. and V.M. v. Norway | 19 November 2019 | This case concerned official decisions to take the applicants’ daughter into care a few weeks after her birth in 2015 and their limited contact rights. The family were ultimately reunited in 2018. | The Court held that there had been no violation of Article 8 (right to respect for private and family life) of the Convention as concerned the placement of the applicant couple’s daughter in care, and a violation of Article 8 of the Convention as concerned their contact with their daughter, which had been restricted to... | Parental Rights | Taking of children into care | [
"I. THE CIRCUMSTANCES OF THE CASE",
"6. The first applicant, Mr K.O., was born in 1974 and the second applicant, Ms V.M., was born in 1986.",
"A. Emergency decision",
"7. On 1, 10 and 22 December 2014 the child-welfare services received notifications of concern ( bekymringsmeldinger ) about A, an as yet unbor... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. The Constitution",
"42. Articles 102 and 104 of the Norwegian Constitution of 17 May 1814 ( Grunnloven ), as revised in May 2014, read as follows:",
"Article 102",
"“Everyone has the right to the respect of their privacy and family life, their home and their com... |
109 | A.L. and Others v. Norway | 20 January 2022 | The first case concerned a care order issued by the Norwegian authorities in respect of the applicant child and the limitations imposed on the parents’ contact with that child, following questions arounds the child’s safety in their care. The second case concerned the refusal by the Norwegian authorities to lift a care... | In the first case, the Court held that there had been a violation of Article 8 (right to respect for private and family life) of the Convention, finding, in particular, that, although the care order had been well-reasoned, the domestic courts had effectively decided that the child should grow up in foster care without ... | Parental Rights | Taking of children into care | [
"2. The first and second applicants reside in Norway. The first applicant was born in 1987 and the second applicant in 1994. The third applicant is their child, X, born in mid-January 2015, and the fourth applicant is the first applicant’s mother, who resides in Slovakia and who was born in 1961. They were represen... | [
"RELEVANT LEGAL FRAMEWORK",
"25. Under section 4-12 of the Child Welfare Act of 1992 ( barnevernloven ), a child may be taken into public care if there are serious deficiencies in the daily care of the child or in relation to the personal contact and security needed by the child according to his or her age and de... |
110 | Tyrer v. the United Kingdom | 25 April 1978 | In the Isle of Man, a 15-year-old boy was subjected to judicial corporal punishment for assault causing actual bodily harm of a senior pupil at his school. He was required to take off his trousers and underpants and bend over a table. He was then held down by two police officers while a third police officer struck him ... | The European Court of Human Rights considered such punishment to be “institutionalised violence”, in violation of Article 3 (prohibition of inhuman or degrading treatment or punishment) of the European Convention on Human Rights. | Protection of minors | Corporal punishment | [
"A. The applicant ’ s punishment",
"9. Mr. Anthony M. Tyrer, a citizen of the United Kingdom born on 21 September 1956, is resident in Castletown, Isle of Man. On 7 March 1972, being then aged 15 and of previous good character, he pleaded guilty before the local juvenile court to unlawful assault occasioning actu... | [
"PROCEEDINGS BEFORE THE COMMISSION",
"19. In his application, lodged with the Commission on 21 September 1972, Mr. Tyrer complained, in particular, that:",
"- his judicial corporal punishment constituted a breach of Article 3 (art. 3) of the Convention;",
"- such punishment was destructive of family well-bein... |
111 | A. v. the United Kingdom | 23 September 1998 | A supposedly “difficult” nine-year-old was caned several times and with considerable force by his step-father, causing bruising and suffering. His step-father was tried for assault causing actual bodily harm, but acquitted, as English law at the time allowed for a defence of “reasonable punishment”. | The Court considered that children and other vulnerable individuals in particular were entitled to protection, in the form of effective deterrence, from such forms of ill-treatment. It found a violation of Article 3 (prohibition of inhuman or degrading treatment or punishment) of the Convention, as English law did not ... | Protection of minors | Corporal punishment | [
"I. the CIRCUMSTANCES OF THE CASE",
"7. The applicant is a British citizen, born in 1984.",
"In May 1990 he and his brother were placed on the local child protection register because of “known physical abuse”. The cohabitant of the boys ’ mother was given a police caution after he admitted hitting A. with a can... | [
"ii. relevant domestic law",
"A. Criminal sanctions against the assault of children",
"12. The applicant ’ s stepfather was charged with “assault occasioning actual bodily harm” contrary to section 47 of the Offences against the Person Act 1861, as amended. An “assault”, for the purposes of this section, includ... |
112 | Söderman v. Sweden | 12 November 2013 (Grand Chamber) | The case concerned the attempted covert filming of a 14-year old girl by her stepfather while she was naked, and her complaint that the Swedish legal system, which at the time did not prohibit filming without someone’s consent, had not protected her against the violation of her personal integrity. | The Court held that there had been a violation of Article 8 (right to respect for private life) of the Convention. It found in particular that Swedish law in force at the time had not ensured protection of the applicant’s right to respect for private life – whether by providing a criminal or a civil remedy – in a manne... | Protection of minors | Covert filming of minors | [
"I. THE CIRCUMSTANCES OF THE CASE",
"11. The applicant was born in 1987 and lives in Ludvika.",
"12. In September 2002, when she was 14 years old, she discovered that her stepfather had hidden a video - camera in the laundry basket in the bathroom, which was in recording mode and directed towards the spot where... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. Sexual molestation",
"27. The offence of sexual molestation (and child pornography, see below) falls within the domain of public prosecution, in which the principle of objectivity is applied whereby no prosecution should be brought if the prosecutor deems that the c... |
113 | E. and Others v. the United Kingdom | 26 November 2002 | Three sisters and their brother were for many years abused physically (all four children) and sexually (the girls) by their mother’s boyfriend, including after his conviction for assaulting two of the girls, when he came back to live with the family, in breach of his probation conditions. The man forced the children, a... | The Court found that social services had failed to protect the children, in violation of Article 3 (prohibition of inhuman or degrading treatment) of the Convention, and that there had been no effective remedy, in violation of Article 13 (right to an effective remedy) of the Convention. | Protection of minors | Domestic violence / abuse | [
"I. THE CIRCUMSTANCES OF THE CASE",
"8. The applicants, E., H., L. and T. were born in 1960, 1961, 1963 and 1965 respectively and live in Scotland. E., L. and T. are sisters and H. is their brother.",
"A. The circumstances of the case",
"9. The applicants’ mother had six children by her husband. After the dea... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"Probation",
"61. Imprisonment is used in Scotland only where there is no alternative. One alternative is probation, which was at the relevant time imposed under section 384 of the Criminal Procedure ( Scotland ) Act 1975. When an offender is placed on probation he is a... |
114 | Juppala v. Finland | 2 December 2008 | This case concerned a grandmother’s conviction for defamation of her son-in-law after she had taken her three-year-old grandson to a doctor and voiced a suspicion that he might have been hit by his father. | The Court found a violation of Article 10 (freedom of expression) of the Convention. In its view, people should be free to voice a suspicion of child abuse, formed in good faith, in the context of an appropriate reporting procedure without fear of a criminal conviction or an obligation to pay compensation for harm suff... | Protection of minors | Domestic violence / abuse | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1929 and lives in Ylöjärvi.",
"6. On 20 July 2000 she took her daughter's son to a doctor. The boy was three years old at the time.",
"7. According to the doctor's report, the applicant said that she had noticed a bruise on the boy's back which... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"15. Section 10 (as amended by Act no. 969/1995, which took effect on 1 August 1995 and remained in force until 1 March 2000) of the Constitution Act ( Suomen Hallitusmuoto, Regeringsform för Finland; Act no. 94/1919), provided:",
"“Everyone has freedom of expression. F... |
115 | E.S. and Others v. Slovakia | 15 September 2009 | In 2001 the applicant left her husband and lodged a criminal complaint against him for ill-treating her and her children (born in 1986, 1988 and 1989) and sexually abusing one of their daughters. He was convicted of violence and sexual abuse two years later. Her request for her husband to be ordered to leave their home... | The Court found that Slovakia had failed to provide the applicant and her children with the immediate protection required against her husband’s violence, in violation of Article 3 (prohibition of inhuman or degrading treatment) and Article 8 (right to private and family life) of the Convention. | Protection of minors | Domestic violence / abuse | [
"I. THE CIRCUMSTANCES OF THE CASE",
"4. The facts of the case, as submitted by the applicants, may be summarised as follows.",
"5. The applicants are four Slovak nationals who live in Košice. The first applicant, Mrs E. S., was born in 1964. She is the mother of the second applicant, Ms Er. S., the third applic... | [
"II. RELEVANT DOMESTIC LAW",
"A. Code of Civil Procedure (applicable up to and including 31 December 2001)",
"20. Article 74 (1) of the Code of Civil Procedure, provides as follows:",
"“Before commencing the action the court may issue an interim measure if it is necessary to arrange the situation of the parti... |
116 | E.S. and Others v. Slovakia | 15 September 2009 | In 2001 the first applicant left her husband and lodged a criminal complaint against him for ill-treating her and her children (born in 1986, 1988 and 1989) and sexually abusing one of their daughters. He was convicted of violence and sexual abuse two years later. Her request for her husband to be ordered to leave thei... | The Court held that Slovakia had failed to provide the first applicant and her children with the immediate protection required against her husband’s violence, in violation of Article 3 (prohibition of inhuman or degrading treatment) and Article 8 (right to private and family life) of the Convention. It observed that, g... | Domestic violence | Obligation on authorities to provide adequate protection against domestic violence | [
"I. THE CIRCUMSTANCES OF THE CASE",
"4. The facts of the case, as submitted by the applicants, may be summarised as follows.",
"5. The applicants are four Slovak nationals who live in Košice. The first applicant, Mrs E. S., was born in 1964. She is the mother of the second applicant, Ms Er. S., the third applic... | [
"II. RELEVANT DOMESTIC LAW",
"A. Code of Civil Procedure (applicable up to and including 31 December 2001)",
"20. Article 74 (1) of the Code of Civil Procedure, provides as follows:",
"“Before commencing the action the court may issue an interim measure if it is necessary to arrange the situation of the parti... |
117 | M. and M. v. Croatia | 3 September 2015 | This case concerned a custody dispute, including allegations of child abuse by the father. The applicants, the child and her mother, complained in particular that the Croatian authorities had failed to remove the child from the father’s care and to thus prevent further domestic abuse. | The Court held that there had been a violation of Article 3 (prohibition of inhuman and degrading treatment) of the Convention as concerned the State’s failure to investigate promptly the allegations of ill-treatment brought by the mother and child, and that there had been no violation of Article 3 as concerned the chi... | Protection of minors | Domestic violence / abuse | [
"I. THE CIRCUMSTANCES OF THE CASE",
"A. Background to the case",
"5. The second applicant was born in 1976 and the first applicant in 2001 and they live in Zadar.",
"6. On 23 June 2001 the second applicant married I.M.",
"7. On 4 September 2001 the second applicant gave birth to the first applicant.",
"8.... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. The Family Act",
"1. Relevant provisions",
"84. The relevant provisions of the Family Act of 2003 ( Obiteljski zakon, Official Gazette no. 163/03 with subsequent amendments – hereafter “the Family Act 2003”), which was in force between 22 July 2003 and 1 September... |
118 | Talpis v. Italy | 2 March 2017 | This case concerned the conjugal violence suffered by the applicant, which resulted in the murder of her son and her own attempted murder. | The Court held that there had been a violation of Article 2 (right to life) of the Convention on account of the murder of the applicant’s son and her own attempted murder. It found, in particular, that by failing to take prompt action on the complaint lodged by the applicant, the Italian authorities had deprived that c... | Protection of minors | Domestic violence / abuse | [
"I. THE CIRCUMSTANCES OF THE CASE",
"6. The applicant was born in 1965 and lives in Remanzaccio.",
"7. The applicant married A.T., a Moldovan national, and two children were born of the marriage: a daughter in 1992 and a son in 1998.",
"8. The applicant alleged that after their marriage her husband had starte... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"...",
"55. In its report entitled “Violence towards women” (2014) the National Statistics Institute (ISTAT) provided statistical data concerning violence towards women.",
"“ Istat carried out the survey in 2014, on a sample of 24,000 women aged 16 ‑ 70.The results ar... |
119 | Talpis v. Italy | 2 March 2017 | This case concerned the conjugal violence suffered by the applicant, which resulted in the murder of her son and her own attempted murder. | The Court held that there had been a violation of Article 2 (right to life) of the Convention on account of the murder of the applicant’s son and her own attempted murder. It also held that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the Convention on account of the failur... | Gender equality | Domestic violence | [
"I. THE CIRCUMSTANCES OF THE CASE",
"6. The applicant was born in 1965 and lives in Remanzaccio.",
"7. The applicant married A.T., a Moldovan national, and two children were born of the marriage: a daughter in 1992 and a son in 1998.",
"8. The applicant alleged that after their marriage her husband had starte... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"...",
"55. In its report entitled “Violence towards women” (2014) the National Statistics Institute (ISTAT) provided statistical data concerning violence towards women.",
"“ Istat carried out the survey in 2014, on a sample of 24,000 women aged 16 ‑ 70.The results ar... |
120 | D.M.D. v. Romania | 3 October 2017 | This case concerned the proceedings brought by the applicant against his father for domestic abuse. The proceedings in question had lasted over eight years and ended in the father’s conviction of physically and mentally abusing his child. The applicant complained that those proceedings had been ineffective and that he ... | The Court held that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the Convention because the investigation into the allegations of abuse had lasted too long and had been marred by other serious shortcomings. In this respect, it recalled in particular that Contracting States ... | Protection of minors | Domestic violence / abuse | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 200 1 and lives in Bucharest. His parents, C.I. and D.D., separated in April 2004 and divorced in September 2004, mainly because of D.D. ’ s abusive behaviour towards his wife and their son. The applicant remained with his mother. On 27 February 20... | [
"II. RELEVANT DOMESTIC LAW",
"21. The Protection and Promotion of Children ’ s Rights Act ( Legea privind protecţia şi promovarea drepturilor copiilor, Law no. 272/2004 ) forbids corporal punishment as follows:",
"Article 33",
"“(1) A child has the right to respect for his or her personality and individuality... |
121 | Kurt v. Austria | 15 June 2021 (Grand Chamber) | This case concerned the applicant’s complaint that the Austrian authorities had failed to protect her and her children from her violent husband, which had resulted in his murdering their son. She maintained in particular that she had specifically informed the police that she feared for her children’s lives. | The Court held that there had been no violation of Article 2 (right to life) of the Convention in the present case. It found that the Austrian authorities had displayed the required special diligence in responding swiftly to the applicant’s allegations of domestic violence and in taking due account of the specific dome... | Protection of minors | Domestic violence / abuse | [
"10. The applicant was born in 1978 and lives in Unterwagram.",
"11. She married E. in 2003. They had two children, A., born in 2004, and B., born in 2005.",
"The events leading up to the fatal shooting of the applicant’s sonThe first barring and protection order issued against E. and the ensuing proceedings",
... | [
"RELEVANT LEGAL FRAMEWORK AND PRACTICE",
"DOMESTIC LAWBarring and protection ordersProvisions in force at the relevant time",
"Barring and protection ordersProvisions in force at the relevant time",
"Provisions in force at the relevant time",
"Barring and protection ordersProvisions in force at the relevant... |
122 | F.O. v. Croatia | 22 April 2021 | The applicant, a student in a public high school at the relevant time, was subjected to several insults by his mathematics teacher. He complained about the harassment by the teacher at school, and the inadequate response of the relevant domestic authorities. | The Court held that there had been a violation of Article 8 (right to respect for private life) of the Convention, finding that the State authorities had failed to respond with requisite diligence to the applicant’s allegations of harassment at school. | Protection of minors | Harassment by teachers | [
"2. The applicant was born in November 1993. The applicant was represented by Mr M. Ščetar, a lawyer practising in Križevci.",
"3. The Government were represented by their Agent, Ms Š. Stažnik.",
"4. The facts of the case, as submitted by the parties, may be summarised as follows.",
"Background to the case",
... | [
"RELEVANT LEGAL FRAMEWORK",
"Relevant domestic lawConstitution",
"Constitution",
"Constitution",
"30. The Constitution of the Republic of Croatia ( Ustav Republike Hrvatske, Official Gazette no. 56/1990, with further amendments) prohibits any form of ill-treatment (Article 23). It also guarantees the right ... |
123 | I.V.Ț. v. Romania | 1 March 2022 | This case concerned a television interview of a minor, without parental consent or adequate measures to protect her identity. The interview, which concerned the death of a schoolmate, had resulted in her being bullied and had caused her emotional stress. | The Court held that there had been a violation of Article 8 (right to respect for private life) of the Convention, finding that the domestic appellate courts in this case had only superficially balanced the question of the applicant’s right to private life and the broadcaster’s right to free expression. They had not pr... | Protection of minors | Interview without parental consent | [
"2. The applicant was born in 2001 and lives in Bucharest. She was represented by Ms V. Ţucureanu, a lawyer practising in Bucharest.",
"3. The Government were represented by their Agent, most recently Ms O.-F. Ezer, of the Ministry of Foreign Affairs.",
"4. The facts of the case, as submitted by the parties, ma... | [
"RELEVANT LEGAL FRAMEWORK",
"22. The relevant provisions of Article 30 of the Constitution on freedom of expression, and in particular paragraphs 6 and 8, are described in Marina v. Romania (no. 50469/14, § 27, 26 May 2020).",
"23. The relevant provisions of Article 31 of the Constitution on the right to inform... |
124 | A v. Russia | 12 November 2019 | This case concerned the applicant’s allegation that she had been traumatised by witnessing her father’s violent arrest by the police when she was nine years old. The applicant argued in particular that the arrest had taken place near her school and therefore the authorities should have anticipated the likelihood of her... | The Court found that the applicant’s allegations were credible. It further noted that the law-enforcement officers, who had to have been well aware that the applicant was or would be on the scene of the operation, had taken no account of her interests when planning and carrying out their operation against her father, t... | Protection of minors | Minor’s exposure to violent arrest of parent | [
"THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1998 and lives in Apsheronsk.",
"A. The applicant ’ s father ’ s arrest",
"6. On 31 May 2008 the applicant ’ s father (B), a police officer employed by the Apsheronsk police department at the time, was arrested by the Krasnodar regional branch of ... | [
"THE LAW",
"I. ALLEGED VIOLATION OF ARTICLES 3 AND 13 OF THE CONVENTION",
"45. The applicant complained that the unjustified use of physical force against her father during his arrest in her presence and her treatment by FSKN officers had breached her rights under Article 3 of the Convention. She further compla... |
125 | V.K. v. Russia | 7 March 2017 | This case concerned the mistreatment of a four year old boy by teachers at his public nursery school which resulted in him developing a neurological disorder. The applicant claimed in particular that his teachers: had forcibly given him antibiotic eyedrops without a medical prescription or his parents’ consent; had loc... | The Court held that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the Convention as regards both the young boy’s ill-treatment by his teachers and the authorities’ failure to effectively investigate his allegations. It observed in particular that the applicant’s account of t... | Protection of minors | Mistreatment by teachers | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 2001 and lives in St Petersburg.",
"A. The applicant ’ s ill-treatment at a public nursery school and his parents ’ complaints to various local authorities",
"6. In August 2004 the applicant started attending public pre-school educational insti... | [
"II. RELEVANT DOMESTIC LAW",
"A. The Criminal Code",
"129. The statute of limitation is set as follows:",
"- two years for minor offences;",
"- six years for offences of medium severity;",
"- ten years for serious offences;",
"- fifteen years for especially serious offences.",
"The statute of limitati... |
126 | Scozzari and Giunta v. Italy | 13 July 2000 (Grand Chamber) | In September 1997 the applicants’ two sons/grandsons, born in 1987 and 1994, were placed by court order in the “Il Forteto” children’s home, where – as the national court was aware – two of the principal leaders and co-founders had been convicted of sexual abuse of three handicapped people in their care. Prior to his p... | The Court held, notably, that there had been a violation of Article 8 (right to respect for family life) of the Convention, concerning the uninterrupted placement of the boys in “Il Forteto”. It noted in particular that the absence of any time-limit on the care order, the negative influence of the people responsible fo... | Protection of minors | Placement measures | [
"I. THE CIRCUMSTANCES OF THE CASE",
"A. Events leading up to the intervention of the authorities in the first applicant's family life",
"11. The first applicant met N.A., the father of her children, in Belgium while he was in prison. He had been sentenced on 17 February 1984 to a life term of forced labour for ... | [
"II. RELEVANT DOMESTIC LAW",
"124. Article 330 of the Italian Civil Code provides:",
"“The court may declare parental rights forfeit if the parents do not perform or neglect the obligations inherent in their parental role or abuse the powers related thereto causing serious detriment to the child.",
"In such e... |
127 | K.U. v. Finland | 2 December 2008 | In March 1999 an advertisement was posted on an Internet dating site in the name of a 12-year-old boy, with a link to the boy’s web page, stating that he was looking for an intimate relationship with a boy of his age or older “to show him the way”. The boy only found out about the ad when he received an e-mail from an ... | The Court held that there had been a violation of Article 8 (right to respect for private life) of the Convention. It considered that posting the ad was a criminal act which made a minor a target for paedophiles. The legislature should have provided a framework for reconciling the confidentiality of Internet services w... | Protection of minors | Protection from being targeted by paedophiles via the Internet | [
"I. THE CIRCUMSTANCES OF THE CASE",
"6. The applicant was born in 1986.",
"7. On 15 March 1999 an unidentified person or persons placed an advertisement on an Internet dating site in the name of the applicant, who was 12 years old at the time, without his knowledge. The advertisement mentioned his age and year ... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"15. The Finnish Constitution Act ( Suomen hallitusmuoto, Regeringsform för Finland; Act no. 94/1919, as amended by Act no. 969/1995) was in force until 1 March 2000. Its section 8 corresponded to Article 10 of the current Finnish Constitution ( Suomen perustuslaki, Finla... |
128 | K.U. v. Finland | 2 December 2008 | This case concerned an advertisement of a sexual nature posted about a 12-year old boy on an Internet dating site. Under Finnish legislation in place at the time7, the police and the courts could not require the Internet provider to identify the person who had posted the ad. In particular, the service provider refused ... | The Court held that there had been a violation of Article 8 (right to respect for private and family life) of the Convention. It considered that posting the ad was a criminal act which made a minor a target for paedophiles. The legislature should have provided a framework for reconciling the confidentiality of Internet... | New technologies | Internet | [
"I. THE CIRCUMSTANCES OF THE CASE",
"6. The applicant was born in 1986.",
"7. On 15 March 1999 an unidentified person or persons placed an advertisement on an Internet dating site in the name of the applicant, who was 12 years old at the time, without his knowledge. The advertisement mentioned his age and year ... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"15. The Finnish Constitution Act ( Suomen hallitusmuoto, Regeringsform för Finland; Act no. 94/1919, as amended by Act no. 969/1995) was in force until 1 March 2000. Its section 8 corresponded to Article 10 of the current Finnish Constitution ( Suomen perustuslaki, Finla... |
129 | Z. H. and R. H. v. Switzerland | 8 December 2015 | The applicants, who had had a religious marriage in Iran at the ages of 14 and 18, had complained of the refusal by the Swiss authorities to recognise their marriage as valid and to take it into account for their asylum application. | The Court held that there had been no violation of Article 8 (right to respect for private and family life) of the Convention, finding in particular that the Convention could not be interpreted as requiring a State to recognise a marriage entered into by a child of 14. | Protection of minors | Regulation of marriage | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicants were born on 22 April 1996 and 13 June 1992 respectively and live in Geneva.",
"6. On 17 September 2010, the applicants, who are cousins, contracted a religious marriage in Iran, where they were residing illegally. At the time, the first applicant was 14 ye... | [
"II. RELEVANT DOMESTIC LAW",
"A. Federal Act on International Private Law ( Loi fédérale sur le droit international privé ( LDIP ) du 18 décembre 1987 ) as in force in 2012",
"Article 17",
"“ The implementation of provisions of foreign law shall be excluded where the result would be incompatible with Swiss or... |
130 | Siliadin v. France | 26 July 2005 | The applicant, a Togolese national having arrived in France in 1994 with the intention to study, was made to work instead as a domestic servant in a private household in Paris. Her passport confiscated, she worked without pay, 15 hours a day, without a day off, for several years. The applicant complained about having b... | The European Court of Human Rights found that the applicant had not been enslaved because her employers, although exercising control over her, had not had “a genuine right of legal ownership over her reducing her to the status of an “object”. It held, however, that the criminal law in force at the time had not protecte... | Slavery, servitude, and forced labour | Domestic workers | [
"I. THE CIRCUMSTANCES OF THE CASE",
"9. The applicant was born in 1978 and lives in Paris.",
"10. She arrived in France on 26 January 1994, aged 15 years and 7 months, with Mrs D., a French national of Togolese origin. She had a passport and a tourist visa.",
"11. It had been agreed that she would work at Mrs... | [
"II. RELEVANT LAW",
"46. The Criminal Code as worded at the material time",
"Article 225-13",
"“It shall be an offence punishable by two years'imprisonment and a fine of 500,000 francs to obtain from an individual the performance of services without payment or in exchange for payment that is manifestly dispro... |
131 | C.N. and V. v. France | 11 October 2012 | The case concerned allegations of servitude or forced or compulsory labour (unremunerated domestic chores in their aunt and uncle’s home) by two orphaned Burundi sisters aged 16 and ten years. | The Court held that there had been a violation of Article 4 (prohibition of slavery and forced labour) of the Convention under its substantive limb, in respect of the first applicant, as the State had not put in place a legislative and administrative framework making it possible to fight effectively against servitude a... | Protection of minors | Servitude and forced or compulsory labour | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicants, C.N. and V., are French nationals who were born in 1978 and 1984 respectively in Burundi. They are sisters.",
"6. The facts of the case, as submitted by the parties, may be summarised as follows.",
"7. C. N. (“the first applicant”) arrived in France in 1... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. Criminal Code in force at the material time",
"Article 225-13",
"“Abusing a person’s vulnerable or dependent situation to obtain the performance of unpaid services or services against which a payment is made which clearly bears no relation to the amount of work pe... |
132 | X and Y v. the Netherlands | 26 March 1985 | A girl with a mental handicap (the second applicant) was raped, in the home for children with mental disabilities where she lived, the day after her sixteenth birthday (which was the age of consent for sexual intercourse in the Netherlands) by a relative of the person in charge. She was traumatised by the experience bu... | The Court recalled that although the object of Article 8 (right to respect for private and family life) of the Convention is essentially that of protecting the individual against arbitrary interference by the public authorities, it does not merely compel the State to abstain from such interference: in addition to this ... | Protection of minors | Sexual abuse | [
"I. THE PARTICULAR CIRCUMSTANCES OF THE CASE",
"7. Mr. X and his daughter Y were born in 1929 and on 13 December 1961 respectively. The daughter, who is mentally handicapped, had been living since 1970 in a privately-run home for mentally handicapped children.",
"8. During the night of 14 to 15 December 1977, M... | [
"II. RELEVANT DOMESTIC LAW",
"14. As regards sexual offences, the Netherlands Criminal Code makes a distinction between rape (Article 242) and indecent assault (Article 246), recourse to physical violence also being a constituent element of the latter offence.",
"15. Other more specific provisions afford in thi... |
133 | M.C. v. Bulgaria | 4 December 2003 | The applicant, aged 14 (which was the age of consent for sexual intercourse in Bulgaria), was raped by two men; she cried during and after being raped and was later taken to hospital by her mother, where it was found that her hymen had been torn. Because it could not be established that she had resisted or called for h... | The Court found a violation of Article 3 (prohibition of degrading treatment) and Article 8 (right to respect for private life) of the Convention, noting in particular the universal trend towards recognising lack of consent as the essential element in determining rape and sexual abuse. Victims of sexual abuse, especial... | Protection of minors | Sexual abuse | [
"I. THE CIRCUMSTANCES OF THE CASE",
"9. The applicant is a Bulgarian national who was born in 1980.",
"10. She alleged that she had been raped by two men on 31 July and 1 August 1995, when she was 14 years and 10 months old. The ensuing investigation came to the conclusion that there was insufficient proof of t... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"72. By Article 151 § 1 of the Criminal Code, sexual intercourse with a person under 14 years of age is a punishable offence (statutory rape). Consent is not a valid defence in such cases.",
"73. Consent is likewise irrelevant where the victim is more than 14 years old,... |
134 | P.M. v. Bulgaria | 24 January 2012 | This case concerned the applicant’s complaint that, raped at the age of thirteen, the Bulgarian authorities took more than fifteen years to complete the ensuing investigation and she had no remedies against their reluctance to prosecute her aggressors. | The Court, finding that the investigation into the applicant’s rape complaint had been ineffective, even though the facts of the case and the identity of the offenders had been established, held that there had been a violation of Article 3 (prohibition of inhuman and degrading treatment) of the Convention under its pro... | Protection of minors | Sexual abuse | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1977 and lives in Stara Zagora.",
"1. The events of 29 March 1991",
"6. According to the judgment of 30 November 2005 of the Stara Zagora District Court, in the afternoon of 29 March 1991 the applicant, then aged thirteen, was invited to a part... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"52. Pursuant to the 1974 Criminal Procedure Code, in force at the relevant time and until 2006, as well as the constant case-law of the Supreme Court of Cassation, the courts had to terminate criminal proceedings upon expiry of the statutory period of limitation. Neverth... |
135 | C.A.S. and C.S. v. Romania | 20 March 2012 | This case concerned a seven-year-old and his father’s complaint that it had taken the authorities five years to investigate the first applicant’s repeated rape by a man, eventually acquitted, who had forced his way into the family flat when the boy had come home alone from school in a period from January to April 1998. | The Court, finding that the authorities had failed to carry out an effective investigation into the allegations of violent sexual abuse of the first applicant and to ensure adequate protection of his private and family life, held that there had been a violation of Article 3 (prohibition of inhuman or degrading treatmen... | Protection of minors | Sexual abuse | [
"I. THE CIRCUMSTANCES OF THE CASE",
"6. The applicants, son and father, were born in 1990 and 1954 respectively and currently live in Iasi.",
"A. The alleged rape and violence inflicted on the first applicant",
"1. Applicants’ version of the abuse",
"7. From January 1998 to April 1998, the first applicant, ... | [
"II. RELEVANT DOMESTIC AND INTERNATIONAL LAW",
"49. At the date when the abuse against the first applicant occurred, the relevant provisions of the Criminal Code read as follows:",
"Article 197 Rape",
"“(1) Sexual intercourse with a female through coercion or taking advantage of her incapability of defending ... |
136 | P. and S. v. Poland | 30 October 2012 | The applicants were a daughter and her mother. In 2008, at the age of fourteen, the first applicant became pregnant after being raped. The applicants complained in particular about the absence of a comprehensive legal framework guaranteeing the first applicant’s timely and unhindered access to abortion under the condit... | The Court held that there been a violation of Article 8 (right to respect for private and family life) of the Convention, as regards the determination of access to lawful abortion, in respect of both applicants, and as regards the disclosure of the applicants’ personal data. It further held that there had been a violat... | Protection of minors | Sexual abuse | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicants were born in 1993 and 1974 respectively and live in Lublin.",
"6. On 9 April 2008 the first applicant went with a friend to the Public University Health Care Unit in Lublin. She said that she had been raped on 8 April 2008 by a boy of her own age. The medic... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"52. The applicable provisions of domestic law are extensively summarised in the judgments of Tysiąc v. Poland, no. 5410/03, 20 March 2007, and R.R. v. Poland, no. 27617/04, 26 May 2011.",
"53. In particular, the Law on Family Planning (Protection of the Human Foetus an... |
137 | P. and S. v. Poland | 30 October 2012 | This case concerned the difficulties encountered by a teenage girl, who had become pregnant as a result of rape, in obtaining access to an abortion, in particular due to the lack of a clear legal framework, procrastination of medical staff and also as a result of harassment. | The Court held that there had been a violation of Article 8 (right to respect for private and family life) of the Convention. It found in particular that the applicants had been given misleading and contradictory information and had not received objective medical counselling; and, the fact that access to abortion was a... | Reproductive rights | Abortion | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicants were born in 1993 and 1974 respectively and live in Lublin.",
"6. On 9 April 2008 the first applicant went with a friend to the Public University Health Care Unit in Lublin. She said that she had been raped on 8 April 2008 by a boy of her own age. The medic... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"52. The applicable provisions of domestic law are extensively summarised in the judgments of Tysiąc v. Poland, no. 5410/03, 20 March 2007, and R.R. v. Poland, no. 27617/04, 26 May 2011.",
"53. In particular, the Law on Family Planning (Protection of the Human Foetus an... |
138 | M.G.C. v. Romania | 15 March 2016 | The applicant, 11 years old at the time, alleged that she had been raped between August 2008 and February 2009 at a neighbouring family’s house where she often went to play with two girls of the same age. In her application she maintained in particular that Romanian law and practice did not provide effective protection... | In this case the Court held that there had been a violation of Romania’s positive obligations under both Articles 3 (prohibition of inhuman or degrading treatment) and 8 (right to respect for private and family life) of the Convention. | Protection of minors | Sexual abuse | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1997 and lives in Deva.",
"A. Alleged sexual abuse of the applicant",
"6. At the time of the events, the eleven-year-old applicant was living with her family in a small village and often used to go to play with two girls from a neighbouring fam... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. Relevant domestic legal provisions",
"30. The relevant articles of the Criminal Code in force at the time of the events read as follows:",
"Article 99",
"The limits of criminal responsibility",
"“ (1) A minor who is less than 14 years old does not have crimina... |
139 | I.C. v. Romania | 24 May 2016 | This case concerned the applicant’s alleged rape when she was fourteen years old and the ensuing investigation. The applicant complained that, there having been no physical evidence of assault, the criminal justice system in Romania had been more inclined to believe the men involved in the abuse, rather than her. Furth... | The Court held that there had been a violation of Article 3 (prohibition of inhuman and degrading treatment) of the Convention, finding that the investigation of the case had been deficient, notably on account of the Romanian State’s failure to effectively apply the criminal-law system for punishing all forms of rape a... | Persons with disabilities and the European Convention on Human Rights | Sexual abuse | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1992 and lives in Cotiglet, Romania. At the time of the events complained of, she was aged fourteen years and four months.",
"A. The events of 13 January 2007",
"6. On 13 January 2007 the applicant was attending a funeral wake in her village. A... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"38. Excerpts of the relevant legal provisions, as well as the relevant practice of the domestic courts, are detailed in M.G.C. v. Romania (no. 61495/11, §§ 30-37, 15 March 2016, not final ).",
"39. In addition, the Government submitted Decision no. 1037 of 5 April 2012... |
140 | M.P. v. Finland | 15 December 2016 | This case concerned the applicant’s conviction for defamation for expressing concerns to a social worker that her daughter might have been sexually abused by her (the child’s) father. This was the second time the applicant had raised such concerns and came after a police investigation into the allegations had concluded... | The Court held that there had been a violation of Article 10 (freedom of expression) of the Convention. It found in particular that the Finnish authorities had not struck a fair balance between the need to protect the applicant’s daughter against the risk of potentially serious harm and the need to protect the father a... | Protection of minors | Sexual abuse | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1971 and lives in Helsinki.",
"6. The applicant and her partner began to cohabit in 2003. Their daughter was born in November 2004. In the spring of 2006 the applicant felt that, in her view, the child ’ s father was behaving strangely with the c... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"37. The Finnish Constitution ( Suomen perustuslaki, Finlands grundlag, Act no. 731/1999) provides in relevant parts:",
"“Article 10 – The right to privacy",
"Everyone ’ s private life, honour and the sanctity of the home are guaranteed. ...",
"...",
"Article 12 –... |
141 | V.C. v. Italy | 1 February 2018 | The case concerned a person who, as a minor suffering from alcohol and drug addiction, had been the victim of a child prostitution ring and gang rape. She complained that the Italian authorities had not taken all the necessary steps to protect her as a minor and the victim of a prostitution ring. | The Court held that there had been a violation of Articles 3 (prohibition of inhuman or degrading treatment) and 8 (right to respect for private life) of the Convention, finding that the Italian authorities had not acted with the necessary diligence and had not taken all reasonable measures in good time to prevent the ... | Protection of minors | Sexual abuse | [
"I. THE CIRCUMSTANCES OF THE CASE",
"4. The applicant was born in 1997.",
"5. Following the death of her grandmother in 2010 the applicant, who was a minor at the time, began to show signs of distress. Her parents sought the opinion of a psychiatrist, who emphasised that their daughter was suffering from emotio... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"55. Royal Decree no. 1404 of 20 July 1934, which later became Law no. 835 of 1935, set up the youth courts. The Law has since undergone various amendments.",
"56. Article 25 of the 1 934 Royal Decree laid down the following provisions regarding cases of erratic behavio... |
142 | A and B v. Croatia | 20 June 2019 | The first applicant complained on behalf of her daughter, the second applicant, who was born in 2009, that the domestic authorities had failed to provide a proper response to the allegations that the father had sexually abused the child and that they had had no effective remedy for that issue. | In this case, owing to the relationship between the first applicant and the alleged perpetrator and a potential conflict of interests between the two applicants, the Court asked the Croatian Bar Association to appoint a lawyer to make submissions on behalf of the child. It further held that the first applicant could no... | Protection of minors | Sexual abuse | [
"I. THE CIRCUMSTANCES OF THE CASE",
"6. The first applicant was born in 1984 and the second applicant in 2009.",
"A. Background to the case",
"7. A had a relationship with C and in 2009 their daughter, B, was born. The family lived together at the house of C ’ s parents until January 2014 when A and B moved o... | [
"II. DOMESTIC LAW",
"A. Criminal Code",
"62. Sexual abuse of a child under fifteen years of age (Article 158), satisfaction of lust in front of a child (Article 160) and the introduction of children to pornography (Article 164) are all offences under the Criminal Code ( Kazneni zakon, Official Gazette nos. 125/... |
143 | X and Others v. Bulgaria | 2 February 2021 (Grand Chamber) | This case concerned allegations of sexual abuse perpetrated against three children in an orphanage in Bulgaria before their adoption by an Italian couple in June 2012. The applicants also submitted that the Bulgarian authorities had failed in their obligations to protect them from such treatment and subsequently to con... | The Court found that the applicants, owing to their young age and their status as children left without parental care and placed in an institution, had been in a particularly vulnerable situation, and that the sexual abuse and violence to which they had allegedly been subjected, if established, had been sufficiently se... | Protection of minors | Sexual abuse | [
"THE BACKGROUND TO THE CASE",
"10. The applicants are a brother (X, “the first applicant”) and his two sisters (Y, “the second applicant”, and Z, “the third applicant”) who were born in Bulgaria. X was born in 2000, Y was born in 2002 and Z was born in 2003. They were abandoned by their mother and were initially ... | [
"RELEVANT LEGAL FRAMEWORK AND PRACTICE",
"DOMESTIC LAW AND PRACTICEThe Criminal Code",
"The Criminal Code",
"The Criminal Code",
"115. The relevant provisions of the Criminal Code as in force at the material time read as follows:",
"Article 31",
"“(1) Any person over the age of eighteen who commits an o... |
144 | Khan v. France | 28 February 2019 | This case concerned the failure by the French authorities to provide an unaccompanied foreign minor with care before and after the dismantling of the makeshift camps set up in the southern section of the “lande de Calais" (“Calais heath”). Large numbers of people hoping to seek asylum in the United Kingdom had for many... | The Court held that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the Convention, finding that, on account of the failure of the French authorities to take the requisite action, the applicant had found himself in a situation tantamount to degrading treatment. In particular, ... | Protection of minors | Unaccompanied foreign minor | [
"THE CIRCUMSTANCES OF THE CASE",
"6. The applicant was born on 1 January 2004 and lives in Birmingham.",
"Background to the case",
"7. The applicant referred to the report by the Défenseur des droits under the title “Displaced persons and fundamental rights: the situation on the territory of Calais”, publishe... | [
"THE LAW",
"ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION",
"40. The applicant complained that the French authorities had failed to fulfil their obligation to protect foreign unaccompanied minors who, like him, were living in the Calais heath area. He complained more specifically about the fact that the deci... |
145 | Darboe and Camara v. Italy | 21 July 2022 | In June 2016, the applicants in this case, a Gambian national and a Guinean national respectively, arrived in Italy on makeshift vessels, and claimed asylum as alleged unaccompanied minors. The case concerned their placement in an adult migrant centre and the age-assessment procedure that ensued. | The Court held that there had been a violation of Article 8 (right to respect for private life) of the Convention, in respect of the first applicant10, owing to shortcomings in procedural guarantees afforded to him as a minor migrant. As a result, he had not been able to file an asylum request and had been placed in an... | Protection of minors | Unaccompanied foreign minor | [
"2. The applicants were allegedly born in 1999. Mr Ousainou Darboe lives in Padua. The whereabouts of Mr Moussa Camara are unknown. The applicants are represented before the Court by Mr M. Ferrero and Ms E. Chiaretto, lawyers practising in Padua.",
"3. The Italian Government (“the Government”) were represented by... | [
"RELEVANT LEGAL FRAMEWORK AND PRACTICE",
"DOMESTIC LAWPreliminary considerations",
"Preliminary considerations",
"Preliminary considerations",
"42. At the time of the facts of the case, the relevant Italian legislative framework consisted only of the original texts of Legislative Decrees no. 25 of 20 Januar... |
146 | Derenik Mkrtchyan and Gayane Mkrtchyan v. Armenia | 30 November 2021 | This case concerned the death of the applicants’ grandson and son respectively, at the age of ten in 2010 following a fight in the classroom in his school. It also concerned the subsequent investigation and legal proceedings. The applicants claimed, in particular, that the boy’s death had been a result of a failure by ... | The Court held that there had been no violation of the substantive limb of Article 2 (right to life) of the Convention, finding that there was insufficient evidence to conclude that the school’s authorities had failed to comply with their obligation under that provision to provide the requisite standard of protection f... | Protection of minors | Violence in school premises | [
"2. The applicants were born in 1948 and 1976 respectively and live in the village of Alapars. They were granted legal aid and were represented before the Court by Mr A. Zalyan, a lawyer practising in Vanadzor, and Ms J. Evans, Ms J. Gavron, Mr P. Leach and Ms K. Levine, lawyers from the European Human Rights Advoc... | [
"RELEVANT LEGAL FRAMEWORK",
"40. Article 118 of the Criminal Code provides that beating or other violent actions that have not generated the consequences envisaged by Article 117 (intentional infliction of bodily harm which causes short-term deterioration of health) are punishable by a fine, the maximum amount of... |
147 | Tysiąc v. Poland | 20 March 2007 | The applicant was refused a therapeutic abortion, after being warned that her already severe myopia could worsen if she carried her pregnancy to term. Following the birth of her child, she had a retinal haemorrhage and was registered severely disabled. | The European Court of Human Rights found that the applicant had been denied access to an effective mechanism capable of determining whether the conditions for obtaining a legal abortion had been met, in violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights. | Reproductive rights | Abortion | [
"I. THE CIRCUMSTANCES OF THE CASE",
"7. The applicant was born in 1971 and lives in Warsaw.",
"8. Since 1977 the applicant has suffered from severe myopia, the degree of which was established at - 0.2 in the left eye and - 0.8 in the right eye. Before her pregnancy, she was assessed by a State medical panel, fo... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. The Constitution",
"32. Article 38 of the Constitution reads as follows:",
"“ The Republic of Poland shall ensure the legal protection of the life of every human being. ”",
"33. Article 47 of the Constitution reads:",
"“ Everyone shall have the right to legal ... |
148 | R.R. v. Poland | 26 May 2011 | A pregnant mother-of-two – carrying a child thought to be suffering from a severe genetic abnormality – was deliberately denied timely access to the genetic tests to which she was entitled by doctors opposed to abortion. Six weeks elapsed between the first ultrasound scan indicating the possibility that the foetus migh... | The Court held that there had been a violation of Article 8 (right to respect for private and family life) of the Convention because Polish law did not include any effective mechanisms which would have enabled the applicant to have access to the available diagnostic services and to take, in the light of their results, ... | Persons with disabilities and the European Convention on Human Rights | Lack of access to prenatal genetic tests | [
"I. THE CIRCUMSTANCES OF THE CASE",
"6. The applicant was born in 1973.",
"7. Early in December 2001 the applicant visited Dr S.B. in a hospital in T., in the region covered by the then Małopolska Regional Medical Insurance Fund (replaced later by the countrywide National Health Fund). Having performed an ultra... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. The Constitution",
"64. Article 38 of the Constitution reads as follows:",
"“The Republic of Poland shall ensure the legal protection of the life of every human being.”",
"65. Article 47 of the Constitution reads:",
"“Everyone shall have the right to legal pro... |
149 | Parrillo v. Italy | 27 August 2015 (Grand Chamber) | This case concerned a ban under Italian Law no. 40/2004, preventing the applicant from donating to scientific research embryos obtained from an in vitro fertilisation which were not destined for a pregnancy. Under Article 1 (protection of property) of Protocol No. 1 to the Convention, the applicant complained that she ... | The Court, which was called upon for the first time to rule on this issue, held that Article 8 (right to respect for private and family life) of the Convention was applicable in this case under its “private life” aspect, as the embryos in question contained the applicant’s genetic material and accordingly represented ... | Reproductive rights | Embryo donation and scientific research | [
"I. THE CIRCUMSTANCES OF THE CASE",
"11. The applicant was born in 1954 and lives in Rome.",
"12. In 2002 she had recourse to assisted reproduction techniques, undergoing in vitro fertilisation (IVF) treatment with her partner at the Centre for reproductive medicine at the European Hospital (“the centre”) in Ro... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. Law no. 40 of 19 February 2004, in force since 10 March 2004 (“Rules governing medically assisted fertilisation”)",
"Section 1 – Purpose",
"“(1) In order to remedy reproductive problems arising as a result of human sterility or infertility, recourse may be had to ... |
150 | Dubská and Krejzová v. the Czech Republic | 15 November 2016 (Grand Chamber) | This case concerned a law in the Czech Republic which made it impossible in practice for mothers to be assisted by a midwife during home births. The applicants, two women who wished to avoid unnecessary medical intervention in delivering their babies, complained that because of this law they had had no choice but to gi... | The Grand Chamber held that there had been no violation of Article 8 (right to respect for private and family life) of the Convention. It found in particular that the national authorities had considerable room for manoeuvre when regulating the question of home births, a matter for which there is no European consensus a... | Reproductive rights | Home birth | [
"I. THE CIRCUMSTANCES OF THE CASE",
"8. The applicants were born in 1985 and 1980 and live in Jilemnice and Prague respectively.",
"A. Application lodged by Ms Šárka Dubská",
"9. The applicant gave birth to her first child in hospital in 2007 without any complications. According to her, during the birth the m... | [
"III. RELEVANT DOMESTIC LAW",
"A. People ’ s Health Care Act",
"35. Under section 12a(1) of the People ’ s Health Care Act (no. 20/1966 – zákon o péči o zdraví lidu ), which remained in force until 31 March 2012, an institution which provided health care had to be equipped with appropriate human, material and t... |
151 | Pojatina v. Croatia | 4 October 2018 | This case concerned Croatian legislation on home births. The applicant in the case was a mother who had given birth to her fourth child at home with the help of a midwife from abroad. She alleged in particular that, although Croatian law allowed home births, women such as her could not make this choice in practice beca... | The Court held that there had been no violation of Article 8 (right to respect for private and family life) of the Convention. It accepted that at first there might have been some doubt as to whether a system for assisted home births had been set up in Croatia. It therefore called on the authorities to consolidate the ... | Reproductive rights | Home birth | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1976 and lives in Zagreb.",
"6. She gave birth to her first three children in hospital. In 2011 she became pregnant with her fourth child and had a due date in February 2012.",
"7. In November 2011 she sent a letter to the Croatian Chamber of M... | [
"IV. RELEVANT DOMESTIC LAW",
"A. The Constitution",
"20. The relevant provisions of the Constitution of the Republic of Croatia ( Ustav Republike Hrvatske, Official Gazette no. 56/1990 with subsequent amendments ) read as follows:",
"Article 57 § 2",
"“ Rights concerning childbirth, motherhood and childcare... |
152 | Dickson v. United Kingdom | 4 December 2007 (Grand Chamber) | The applicant, a prisoner with a minimum 15-year sentence to serve for murder, was refused access to artificial insemination facilities to enable him to have a child with his wife, who, born in 1958, had little chance of conceiving after his release. | The Court held that there had been a violation of Article 8 (right to respect for private and family life) of the Convention as a fair balance had not been struck between the competing public and private interests. | Reproductive rights | Medically-assisted procreation | [
"I. THE CIRCUMSTANCES OF THE CASE",
"9. The applicants were born in 1972 and 1958 respectively. The first applicant is in prison and the second applicant lives in Hull.",
"10. In 1994 the first applicant was convicted of murder (kicking a drunken man to death) and sentenced to life imprisonment with a tariff of... | [
"II. RELEVANT DOMESTIC AND INTERNATIONAL LAW AND PRACTICE",
"A. Prison Rules",
"19. The Secretary of State is empowered to make rules for the management of prisons by section 47 of the Prison Act 1952, the relevant parts of which provide as follows:",
"“The Secretary of State may make rules for the regulation... |
153 | S.H. and Others v. Austria | 3 November 2011 (Grand Chamber) | This case concerned two Austrian couples wishing to conceive a child through IVF. One couple needed the use of sperm from a donor and the other, donated ova. Austrian law prohibits the use of sperm for IVF and ova donation in general. | The Court noted that, although there was a clear trend across Europe in favour of allowing gamete donation for in-vitro fertilisation, the emerging consensus was still under development and was not based on settled legal principles. Austrian legislators had tried, among other things, to avoid the possibility that two w... | Reproductive rights | Medically-assisted procreation | [
"I. THE CIRCUMSTANCES OF THE CASE",
"9. The applicants were born in 1966, 1962, 1971 and 1971 respectively and live in L. and R.",
"10. The first applicant is married to the second applicant and the third applicant to the fourth applicant.",
"11. The first applicant suffers from fallopian-tube-related inferti... | [
"II. RELEVANT LEGAL MATERIALS",
"A. Domestic law: the Artificial Procreation Act",
"27. The Artificial Procreation Act ( Fortpflanzungs medizingesetz, Federal Law Gazette no. 275/1992) regulates the use of medical techniques for inducing conception of a child by means other than copulation (section 1(1)).",
... |
154 | Costa and Pavan v. Italy | 28 August 2012 | This case concerned an Italian couple who are healthy carriers of cystic fibrosis and wanted, with the help of medically-assisted procreation and genetic screening, to avoid transmitting the disease to their offspring. | The Court held that there had been a violation of Article 8 (right to respect for private and family life) of the Convention, finding that the interference with the applicants’ right to respect for their private and family life had been disproportionate. It noted in particular the inconsistency in Italian law that deni... | Reproductive rights | Medically-assisted procreation | [
"I. THE CIRCUMSTANCES OF THE CASE",
"7. The applicants were born in 1977 and 1975 respectively and live in Rome.",
"8. Following the birth of their daughter in 2006, the applicants learned that they were healthy carriers of cystic fibrosis [1]. The child had been born with the disease.",
"9. In February 2010,... | [
"II. RELEVANT DOMESTIC LAW",
"1. Law no. 40 of 19 February 2004 (“Rules on assisted reproduction technology”)",
"Section 4(1) Access to technology",
"“Access to assisted reproduction technology shall be authorised only where proof is adduced that it is otherwise impossible to eliminate the causes of inability... |
155 | Knecht v. Romania | 2 October 2012 | In July 2009 frozen embryos that the applicant had deposited with a private clinic were seized by the authorities due to concerns about the clinic’s credentials. The applicant subsequently experienced considerable difficulties in securing a transfer by the State of the embryos to a specialised clinic so that she might ... | The Court held that there had been no violation of Article 8 (right to respect for private and family life) of the Convention. The domestic courts had expressly acknowledged that the applicant had suffered a breach of her rights under Article 8 on account of the refusal by the authorities to allow the embryo transfer, ... | Reproductive rights | Medically-assisted procreation | [
"I. THE CIRCUMSTANCES OF THE CASE",
"7. The applicant was born in 1967. After numerous previous failed attempts, the applicant became the mother of a child, conceived as the result of an in vitro fertilisation (IVF) procedure with donated gametes. The procedure was performed in S. Medical Centre in Bucharest; and... | [
"II. RELEVANT DOMESTIC AND COMPARATIVE LAW",
"A. Health-Care Reform Act (Law no. 95/2006)",
"39. The Act is divided into seventeen titles, covering a wide array of subjects specific to the public health area. Title VI contains provisions covering the procurement and transplant of organs, tissues and cells of hu... |
156 | Nedescu v. Romania | 16 January 2018 | The applicants, a married couple, alleged that they had not been able to recover embryos that had been seized by the prosecuting authorities in 2009 and that they had been prevented from having another child. The couple had won court orders in their favour to retrieve the embryos, but they had not been able to fulfil t... | In this case the Court held that there had been a violation of Article 8 (right to respect for private and family life) of the Convention, finding in particular that preventing the applicants from retrieving their embryos as ordered by the High Court of Cassation had constituted an interference with their right to resp... | Reproductive rights | Medically-assisted procreation | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The first applicant, Mrs Daniela Nedescu, is married to the second applicant, Mr Călin Nedescu. They were born in 1976 and live in Bucharest.",
"6. In 2008 the applicants, who were childless but wanted to have children, decided to try assisted reproduction at a private cl... | [
"II. RELEVANT DOMESTIC LAW",
"A. Health Care Reform Act (Law no. 95/2006)",
"34. The Act is divided into seventeen titles, covering a wide array of subjects specific to public health. Title VI contains provisions covering the procurement and transplant of organs, tissues and cells of human origin used for thera... |
157 | Lia v. Malta | 5 May 2022 | The applicants were husband and wife. The case concerned the authorities’ refusal in 2015 to carry out, at their expense, Intracytoplasmic Sperm Injection – a procedure to assist procreation – on the second applicant’s ova owing to her having reached the age of 43. They had previously availed of the procedure, paid for... | The Court held that there had been a violation of Article 8 (right to respect for private and family life) of the Convention, finding that the interference suffered by the applicants had not been in accordance with a law of sufficient quality. | Reproductive rights | Medically-assisted procreation | [
"2. The applicants were born in 1980 and 1971 respectively and live in Attard. The applicants were initially represented by Dr H. Mula and later by Dr M. Paris, both lawyers practising in Pieta`.",
"3. The Government were represented by their Agents, Dr C. Soler, State Advocate, and Dr J. Vella, Advocate at the O... | [
"RELEVANT LEGAL FRAMEWORK AND PRACTICE",
"29. IVF became available in Malta, in a restricted measure, as of 2012 by means of the Embryo Protection Act, Chapter 524 of the Laws of Malta (hereinafter ‘the Act’). At the time the law only allowed for homologous techniques (i.e. having recourse to the gametes of the c... |
158 | Hanzelkovi v. the Czech Republic | 11 December 2014 | This case concerned a court-ordered interim measure requiring the return to hospital of a new-born baby and its mother, who had just given birth and had immediately gone home, and the lack of any remedy by which to complain about that measure. The applicants – the mother and the child – complained of a violation of the... | The Court held that there had been a violation of Article 8 (right to respect for private and family life), and a violation of Article 13 (right to an effective remedy) of the Convention. It reiterated in particular that the taking into care of a new-born baby at birth was an extremely harsh measure and that there had ... | Reproductive rights | Precautionary measures to protect a new-born baby’s health | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicants were born in 1977 and 2007 respectively and live in Svinaře.",
"A. Circumstances surrounding the second applicant ’ s birth",
"6. The first applicant is the mother of the second applicant. During her pregnancy she had regular check-ups with a doctor and a... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"...",
"E. Ministry of Health bulletins",
"37. Bulletin no. 7/2005 published in July 2005 sets out guidelines issued by the Ministry to doctors with a view to minimising their doubts and harmonising their approach. According to the bulletin, newborn babies could usual... |
159 | Draon v. France | 6 October 2005 (Grand Chamber) | The applicants are parents of children with severe congenital disabilities which, due to medical errors, were not discovered during prenatal medical examinations. They brought proceedings against the hospitals concerned. A new law of 4 March 2002, introduced while their proceedings were pending, meant that it was no lo... | The Court found that the law in question was in violation of Article 1 (protection of property) of Protocol No. 1 to the Convention concerning proceedings which were pending when the law came into force. | Reproductive rights | Prenatal medical tests | [
"I. THE CIRCUMSTANCES OF THE CASE",
"12. The applicants were born in 1961 and 1962 respectively and live in Rosny-sous-Bois.",
"13. In the spring of 1996 Mrs Draon began her first pregnancy. The second ultrasound scan, carried out in the fifth month of pregnancy, revealed an anomaly in the development of the fo... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"36. Before enactment of the Law of 4 March 2002 the legal position was established by the relevant case-law.",
"A. Relevant case-law before the Law of 4 March 2002",
"37. An action for damages brought by the parents of a child born disabled and by the child itself ma... |
160 | A.K. v. Latvia | 24 June 2014 | The applicant alleged that she had been denied adequate and timely medical care in the form of an antenatal screening test which would have indicated the risk of her foetus having a genetic disorder and would have allowed her to choose whether to continue the pregnancy. She also complained that the national courts, by ... | The Court held that there had been a violation of Article 8 (right to respect for private and family life) of the Convention in its procedural aspect, finding that the domestic court had conducted the proceedings in an arbitrary manner and had failed to examine the applicant’s claim properly. | Reproductive rights | Prenatal medical tests | [
"6. The applicant was born in 1961 and lives in Rīga Parish.",
"A. The applicant ’ s pregnancy",
"7. On 18 October 2001 the applicant, who was forty years old at the time, discovered that she was in the fifth or sixth week of pregnancy during a gynaecological examination at A. Hospital.",
"8. On Tuesday 15 Ja... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. The Medical Treatment Law",
"44. Pursuant to section 20 of the Medical Treatment Law, a patient has the right to receive from her doctor comprehensive information regarding her diagnosis, her examination, her treatment plan, other treatment methods and her prognosis... |
161 | G.B. and R.B. v. the Republic of Moldova | 18 December 2012 | Giving birth to a child in May 2000, the first applicant, aged 32 at the time, had a Caesarean section, during which the obstetrician removed her ovaries and Fallopian tubes without obtaining her permission. She has been in treatment to counteract the effects of early menopause since 2001 and has had health problems ev... | The Court considered that the first applicant had not lost her victim status and held that there had been a violation of Article 8 (right to respect for private and family life) of the Convention. It found in particular that the amount of compensation awarded by the domestic courts was considerably below the minimum le... | Reproductive rights | Sterilisation operations | [
"I. THE CIRCUMSTANCES OF THE CASE",
"6. The applicants were born in 1968 and 1966 respectively and live in Ștefan Vodă. They are husband and wife.",
"A. The first applicant ’ s sterilisation and its effects",
"7. On 4 May 2000 the first applicant was giving birth to a child. The head of the obstetrics and gyn... | [
"THE LAW",
"I. ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION",
"21. In their initial application the applicants complained of a breach of Article 6 § 1 of the Convention owing to the insufficient reasons given by the courts in making the award for compensation and the excessive length of the enforcement ... |
162 | Csoma v. Romania | 15 January 2013 | The applicant complained that as a result of serious medical errors she was no longer able to bear children. While she was in her sixteenth week of pregnancy, the foetus was diagnosed with hydrocephalus and it was decided that the pregnancy should be interrupted. After complications following treatments the applicant r... | The Court held that there had been a violation of Article 8 (right to respect for private life) of the Convention. It found in particular that by not involving the applicant in the choice of medical treatment and by not informing her properly of the risks involved in the medical procedure, the applicant had suffered an... | Reproductive rights | Sterilisation operations | [
"I. THE CIRCUMSTANCES OF THE CASE",
"6. The applicant was born in 1972 and lives in Covasna.",
"A. Background information",
"7. The applicant, a nurse by profession, fell pregnant in January 2002. The development of her pregnancy was monitored by Dr P.C., a gynaecologist working in the Covasna Town Hospital, ... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"22. A series of laws concerning the public health service and patients ’ rights establish an obligation to inform a patient about any surgical procedure proposed, the risks involved in the procedure, alternative treatment, and diagnosis and prognosis : Laws nos. 3/1978 a... |
163 | K.H. and Others v. Slovakia | 28 April 2009 | Eight Slovak women of Roma ethnic origin found they were unable to conceive after having caesareans. Suspecting that they were sterilised without their knowledge during the operations, they sued the two Slovak hospitals concerned. | The Court found that the impossibility for the applicants to obtain photocopies of their medical records was in violation of Articles 8 (right to respect for private and family life) and 6 § 1 (access to court) of the Convention. | Reproductive rights | Sterilisation operations | [
"I. THE CIRCUMSTANCES OF THE CASE",
"6. The applicants are eight female Slovakian nationals of Roma ethnic origin.",
"A. Background to the case",
"7. The applicants were treated at gynaecological and obstetrics departments in two hospitals in eastern Slovakia during their pregnancies and deliveries. Despite c... | [
"II. RELEVANT DOMESTIC LAW",
"A. Code of Civil Procedure",
"28. Article 3 guarantees to everyone the right to seek judicial protection of a right which has been placed in jeopardy or violated.",
"29. Under Article 6, courts shall proceed with a case in cooperation with the parties in a manner permitting the s... |
164 | K.H. and Others v. Slovakia | 28 April 2009 | The applicants are eight women of Roma origin who were treated at gynaecological and obstetrics departments in two hospitals in eastern Slovakia during their pregnancies and deliveries. Despite continuing attempts to conceive, none of the applicants has become pregnant since their last stay in the hospitals, when they ... | The Court held that there had been a violation of Article 8 (right to respect for private and family life) of the Convention, on account of the applicants not having been allowed to make photocopies of their medical records. It also found that there had been a violation of Article 6 § 1 (access to court) of the Convent... | Roma and Travellers | Access to medical records | [
"I. THE CIRCUMSTANCES OF THE CASE",
"6. The applicants are eight female Slovakian nationals of Roma ethnic origin.",
"A. Background to the case",
"7. The applicants were treated at gynaecological and obstetrics departments in two hospitals in eastern Slovakia during their pregnancies and deliveries. Despite c... | [
"II. RELEVANT DOMESTIC LAW",
"A. Code of Civil Procedure",
"28. Article 3 guarantees to everyone the right to seek judicial protection of a right which has been placed in jeopardy or violated.",
"29. Under Article 6, courts shall proceed with a case in cooperation with the parties in a manner permitting the s... |
165 | K.H. and Others v. Slovakia | 28 April 2009 | The applicants, eight women of Roma origin, could not conceive any longer after being treated at gynaecological departments in two different hospitals, and suspected that it was because they had been sterilised during their stay in those hospitals. They complained that they could not obtain photocopies of their medical... | The Court held that there had been a violation of Article 8 (right to private and family life) of the Convention in that the applicants had not been allowed to photocopy their medical records. It found that, although subsequent legislative changes compatible with the Convention had been introduced, that had happened to... | Health | Access to personal medical records | [
"I. THE CIRCUMSTANCES OF THE CASE",
"6. The applicants are eight female Slovakian nationals of Roma ethnic origin.",
"A. Background to the case",
"7. The applicants were treated at gynaecological and obstetrics departments in two hospitals in eastern Slovakia during their pregnancies and deliveries. Despite c... | [
"II. RELEVANT DOMESTIC LAW",
"A. Code of Civil Procedure",
"28. Article 3 guarantees to everyone the right to seek judicial protection of a right which has been placed in jeopardy or violated.",
"29. Under Article 6, courts shall proceed with a case in cooperation with the parties in a manner permitting the s... |
166 | K.H. and Others v. Slovakia | 28 April 2009 | The applicants, eight women of Roma origin, could not conceive any longer after being treated at gynaecological departments in two different hospitals, and suspected that it was because they had been sterilised during their stay in those hospitals. They complained that they could not obtain photocopies of their medical... | The Court held that there had been a violation of Article 8 of the Convention in that the applicants had not been allowed to photocopy their medical records. It considered in particular that persons who, like the applicants, wished to obtain photocopies of documents containing their personal data, should not have been ... | Personal data protection | Access to personal data | [
"I. THE CIRCUMSTANCES OF THE CASE",
"6. The applicants are eight female Slovakian nationals of Roma ethnic origin.",
"A. Background to the case",
"7. The applicants were treated at gynaecological and obstetrics departments in two hospitals in eastern Slovakia during their pregnancies and deliveries. Despite c... | [
"II. RELEVANT DOMESTIC LAW",
"A. Code of Civil Procedure",
"28. Article 3 guarantees to everyone the right to seek judicial protection of a right which has been placed in jeopardy or violated.",
"29. Under Article 6, courts shall proceed with a case in cooperation with the parties in a manner permitting the s... |
167 | V.C. v. Slovakia | 8 November 2011 | The applicant, of Roma ethnic origin, was sterilised in a public hospital without her full and informed consent, following the birth of her second child. She signed the consent form while still in labour, without understanding what was meant or that the process was irreversible, and after having been told that, if she ... | The Court found that the applicant must have experienced fear, anguish and feelings of inferiority as a result of her sterilisation, as well as the way in which she had been requested to agree to it. She had suffered physically and psychologically over a long period and also in terms of her relationship with her then h... | Roma and Travellers | Forced sterilisations of Roma women | [
"I. THE CIRCUMSTANCES OF THE CASE",
"8. The applicant, who is of Roma ethnic origin, was born in 1980 and lives in Jarovnice. She finished compulsory education in the sixth grade and is unemployed. Her mother tongue is the Roma language, which she uses in daily communication, together with a local dialect.",
"A... | [
"II. RELEVANT DOMESTIC LAW",
"A. The Civil Code",
"57. Under Article 11, natural persons have the right to protection of their personal rights (personal integrity), in particular their life and health, civil and human dignity, privacy, name and personal characteristics.",
"58. Under Article 13 § 1, natural pe... |
168 | N.B. v. Slovakia | 12 June 2012 | In this case the applicant alleged that she had been sterilised without her full and informed consent in a public hospital in Slovakia. | The Court concluded that the sterilisation of the applicant had been in violation of Article 3 (prohibition of inhuman or degrading treatment) of the Convention. It further held that there had been no violation of Article 3 as concerned the applicant’s allegation that the investigation into her sterilisation had been i... | Reproductive rights | Sterilisation operations | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant is of Roma ethnic origin. She was born in 1983 and lives in Nálepkovo.",
"A. Sterilisation of the applicant at the Gelnica Hospital",
"6. On 25 April 2001, during the delivery of her second child, the applicant was sterilised by means of tubal ligation at ... | [
"II. RELEVANT DOMESTIC LAW, PRACTICE AND RELEVANT INTERNATIONAL MATERIALS",
"47. The relevant domestic law, practice and international materials are set out in the judgment of V.C. v. Slovakia, no. 18968/07, § § 57-86, 8 November 2011.",
"48. In addition, the following information is relevant to the present cas... |
169 | Vo v. France | 8 July 2004 (Grand Chamber) | Owing to a mix-up with another patient with the same surname, the applicant’s amniotic sack was punctured, making a therapeutic abortion necessary. She maintained that the unintentional killing of her child should have been classified as manslaughter. | The Court held that there had been no violation of Article 2 (right to life) of the Convention. It found that it was not currently desirable or possible to rule on whether an unborn child was a person under Article 2 of the Convention. And, there was no need for a criminal law remedy; remedies already existed allowing ... | Reproductive rights | Unborn child and right to life | [
"I. THE CIRCUMSTANCES OF THE CASE",
"9. The applicant was born in 1967 and lives in Bourg-en-Bresse.",
"10. On 27 November 1991 the applicant, Mrs Thi-Nho Vo, who is of Vietnamese origin, attended Lyons General Hospital for a medical examination scheduled during the sixth month of pregnancy.",
"11. On the sam... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. The Criminal Code",
"23. The provision dealing with the unintentional taking of life at the material time and until 1 March 1994 was Article 319 of the Criminal Code, which read as follows:",
"“Anyone who through his or her inadvertence, negligent act, inattention... |
170 | Mubilanzila Mayeka and Kaniki Mitunga v. Belgium | 12 October 2006 | This case concerned the nearly two months long detention at a transit centre for adults run by the Aliens Office near Brussels airport of a five-year old Congolese national travelling alone to join her mother who had obtained refugee status in Canada, and her subsequent removal to her country of origin. The applicants ... | The European Court of Human Rights held that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights in respect of the child, finding that her detention had demonstrated a lack of humanity and amounted to inhuman treatment. It noted in particula... | Unaccompanied migrant minors in detention | Conditions of detention | [
"I. THE CIRCUMSTANCES OF THE CASE",
"8. The first applicant was born in 1970 and the second applicant in 1997. They live in Montreal ( Canada ).",
"9. The applicants are a mother (“the first applicant”) and her daughter (“the second applicant”). They explained that the first applicant had arrived in Canada on 2... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"38. Aliens (Entry, Residence, Settlement and Expulsion) Act of 15 December 1980",
"(a) Appeals against decisions on the entry, residence, settlement and expulsion of aliens",
"Section 63",
"“Administrative decisions may give rise to an appeal under the expedited pr... |
171 | Mubilanzila Mayeka and Kaniki Mitunga v. Belgium | 12 October 2006 | This case concerned in particular the nearly two months long detention at a transit centre for adults run by the Aliens Office near Brussels airport of a five-year old Congolese national travelling alone to join her mother who had obtained refugee status in Canada. | The Court held that there had been a violation of Article 5 § 1 (right to liberty and security) of the Convention in respect of the minor applicant, finding that the Belgian legal system at the time and as it had functioned in the case before it had not sufficiently protected her right to liberty. It noted in particula... | Unaccompanied migrant minors in detention | Deprivation of liberty and challenging the lawfulness of detention | [
"I. THE CIRCUMSTANCES OF THE CASE",
"8. The first applicant was born in 1970 and the second applicant in 1997. They live in Montreal ( Canada ).",
"9. The applicants are a mother (“the first applicant”) and her daughter (“the second applicant”). They explained that the first applicant had arrived in Canada on 2... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"38. Aliens (Entry, Residence, Settlement and Expulsion) Act of 15 December 1980",
"(a) Appeals against decisions on the entry, residence, settlement and expulsion of aliens",
"Section 63",
"“Administrative decisions may give rise to an appeal under the expedited pr... |
172 | Mubilanzila Mayeka and Kaniki Mitunga v. Belgium | 12 October 2006 | This case concerned the nearly two months long detention at a transit centre for adults run by the Aliens Office near Brussels airport of a five-year old Congolese national travelling alone to join her mother who had obtained refugee status in Canada, and her subsequent removal to her country of origin. | The Court held that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the Convention on account of the conditions of the child’s detention. The child, who was only five years old, had been detained for almost two months in a centre that had initially been intended for adults, ev... | Migrants in detention | Detention conditions | [
"I. THE CIRCUMSTANCES OF THE CASE",
"8. The first applicant was born in 1970 and the second applicant in 1997. They live in Montreal ( Canada ).",
"9. The applicants are a mother (“the first applicant”) and her daughter (“the second applicant”). They explained that the first applicant had arrived in Canada on 2... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"38. Aliens (Entry, Residence, Settlement and Expulsion) Act of 15 December 1980",
"(a) Appeals against decisions on the entry, residence, settlement and expulsion of aliens",
"Section 63",
"“Administrative decisions may give rise to an appeal under the expedited pr... |
173 | Abdullahi Elmi and Aweys Abubakar v. Malta | 22 November 2016 | This case concerned the detention in the Safi Barracks Centre of two Somalian nationals, during eight months, waiting for the outcome of their asylum procedure, and in particular, for the outcome of the procedure aiming at determining whether they were minors or not. They complained in particular about the conditions o... | The Court held that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the Convention, finding that, in the present case, the cumulative effect of the conditions complained of, which had involved overcrowding, lack of light and ventilation, no organised activities and a tense, vi... | Unaccompanied migrant minors in detention | Conditions of detention | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicants were born in 1996 and 1995 respectively. At the time of the introduction of the application the two applicants were detained in Safi Barracks Detention Centre, Safi, Malta.",
"A. Background to the case",
"1. Mr Burhaan Abdullahi Elmi (the first applicant)... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. The Immigration Act and the Refugees Act",
"29. The relevant articles of the above - mentioned Acts can be found in Aden Ahmed v. Malta (no. 55352/12, §§ 31-35, 23 July 2013).",
"B. Government Policy",
"30. According to the Irregular Immigrants, Refugees and Int... |
174 | Abdullahi Elmi and Aweys Abubakar v. Malta | 22 November 2016 | Both applicants alleged in particular that their detention in the Safi Barracks Centre, during eight months, had been arbitrary and unlawful and that they had not had a remedy to challenge the lawfulness of their detention. | The Court held that there had been a violation of Article 5 § 1 (right to liberty and security) of the Convention, noting in particular that the applicants where minors and that their detention, in inappropriate conditions, had been particularly lengthy. It also held that there had been a violation of Article 5 § 4 (ri... | Unaccompanied migrant minors in detention | Deprivation of liberty and challenging the lawfulness of detention | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicants were born in 1996 and 1995 respectively. At the time of the introduction of the application the two applicants were detained in Safi Barracks Detention Centre, Safi, Malta.",
"A. Background to the case",
"1. Mr Burhaan Abdullahi Elmi (the first applicant)... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. The Immigration Act and the Refugees Act",
"29. The relevant articles of the above - mentioned Acts can be found in Aden Ahmed v. Malta (no. 55352/12, §§ 31-35, 23 July 2013).",
"B. Government Policy",
"30. According to the Irregular Immigrants, Refugees and Int... |
175 | Branko Tomašić and Others v. Croatia | 15 January 2009 | The applicants were the relatives of a baby and his mother whose husband/father had killed both them and himself one month after being released from prison, where he had been held for making those same death threats. He was originally ordered to undergo compulsory psychiatric treatment while in prison and after his rel... | The Court held that there had been a violation of Article 2 (right to life) of the Convention, on account of the Croatian authorities’ lack of appropriate steps to prevent the deaths of the child and his mother. It observed in particular that the findings of the domestic courts and the conclusions of the psychiatric ex... | Domestic violence | Right to life (Article 2 of the European Convention on Human Rights) | [
"I. THE CIRCUMSTANCES OF THE CASE",
"4. The applicants were born in 1956, 1963, 1985, 1995 and 2001 respectively and live in Čakovec. The first and second applicants are husband and wife and the third to fifth applicants are their children.",
"5. During 2004 M.T., the first and second applicants ’ daughter and ... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"18. Article 21 of the Constitution ( Ustav Republike Hrvatske, Official Gazette nos. 56/1990, 135/1997, 8/1998, 113/2000, 124/2000 and 28/2001) reads as follows:",
"“Every human being has the right to life.",
"... ”",
"19. The relevant part of the Constitutional Co... |
176 | Durmaz v. Turkey | 13 November 2014 | The applicant’s daughter died in hospital after her husband had taken her to the emergency department, informing the doctors that she had taken an overdose of medicines. When questioned by the police, he also stated that the couple had had a row on the same day and he had hit her. The deceased’s father subsequently lod... | The Court held that there had been a violation of Article 2 (right to life) of the Convention in its procedural aspect on account of the Turkish authorities’ failure to carry out an effective investigation into the death of the applicant’s daughter. Like in the Opuz case (see above), it noted in particular that domesti... | Domestic violence | Right to life (Article 2 of the European Convention on Human Rights) | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1955 and lives in İzmir.",
"6. The facts of the case, as submitted by the parties and as they appear from the documents submitted by them, may be summarised as follows.",
"7. The applicant ’ s daughter, Gülperi O. , worked as a nurse at the Aeg... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"34. Section 172 of the Code of Criminal Procedure, after a new sub-section 3 was added in 2013, provides as follows:",
"“ Decisions not to prosecute",
"Section 172- (1) If, at the end of the investigation, no evidence is discovered capable of creating a sufficient re... |
177 | Tërshana v. Albania | 4 August 2020 | This case concerned an acid attack on the applicant in 2009. The applicant suspected that her former husband, whom she accused of domestic violence, was behind the attack. She alleged in particular that the Albanian authorities had failed to take measures to protect her from the acid attack and to conduct a prompt and ... | The Court held that there had been no violation of Article 2 (right to life) of the Convention in its substantial aspect, finding that the Albanian State could not be held responsible for the attack. It noted in particular that, if the State had been aware of a risk to the applicant, it would have been its duty to take... | Domestic violence | Right to life (Article 2 of the European Convention on Human Rights) | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1984 and lives in Tirana.",
"A. Background of the case",
"6. On 29 July 2009, at around 4 p.m., while walking along a back street in Tirana, the applicant suffered grievous injuries in an acid attack by an unidentified assailant. She was taken ... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. Constitution",
"54. The relevant provisions of the Constitution read as follows.",
"Article 21",
"“The life of the person is protected by law.”",
"Article 25",
"“No one shall be subject to torture, or to inhuman or degrading punishment or treatment.”",
"Ar... |
178 | Y and Others v. Bulgaria | 22 March 2022 | The applicants in this case were the mother and daughters of a woman who was shot dead in a café in Sofia by her husband just after leaving the district prosecutor’s office to complain that he owned a handgun and she feared for her life. She had made several similar complaints in the years and months leading up to the ... | The Court held that there had been a violation of Article 2 (right to life) of the Convention. It found, in particular, that the authorities had failed to respond promptly to the credible complaints of the applicants’ close relative and to carry out a proper assessment of the risk to her in view of the specific context... | Domestic violence | Right to life (Article 2 of the European Convention on Human Rights) | [
"2. The applicants are Ms Y, who was born in 1948 and lives in Sofia, and her two granddaughters, Ms X and Ms Z, who were born in 2007 and 2012 respectively and also live in Sofia. In October 2017 Ms Y was appointed legal guardian of her two granddaughters. The applicants were represented by Ms A. Kachaunova, a law... | [
"RELEVANT LEGAL FRAMEWORK",
"BULGARIAN DOMESTIC LAWProtection Against Domestic Violence Act 2005",
"Protection Against Domestic Violence Act 2005",
"Protection Against Domestic Violence Act 2005",
"44. Protection from domestic violence in Bulgaria is chiefly governed by the Protection Against Domestic Viole... |
179 | Galović v. Croatia | 31 August 2021 | This case concerned the applicant’s convictions for domestic violence in several sets of minor-offence proceedings and in criminal proceedings on indictment. The applicant complained, in particular, that he had been tried and convicted twice of the same offence. | The Court held that there had been no violation of Article 4 (right not to be tried or punished twice) of Protocol No. 7 to the Convention in respect of the applicant. Noting, in particular, that the two sets of proceedings in the applicant’s case had been part of an integrated and coherent approach to domestic violenc... | Domestic violence | Obligation on authorities to provide adequate protection against domestic violence | [
"2. The applicant was born in 1957 and lives in Zagreb. He was represented before the Court by Ms T. Milanković Podbrežnički, a lawyer practising in Zagreb.",
"3. The Croatian Government were represented by their Agent, Ms Š. Stažnik.",
"4. The facts of the case, as submitted by the parties, may be summarised a... | [
"RELEVANT LEGAL FRAMEWORK",
"DOMESTIC LAW",
"66. The relevant domestic law as regards the absence of an accused in criminal proceedings from the sessions of an appeal panel is set out in the case of Arps v. Croatia, no. 23444/12, §§ 12-15, 25 October 2016.",
"67. The relevant provisions of the Criminal Code (... |
180 | Galović v. Croatia | 31 August 2021 | This case concerned the applicant’s convictions for domestic violence in several sets of minor-offence proceedings and in criminal proceedings on indictment. | The Court held that there had been no violation of Article 4 of Protocol No. 7 in respect of the applicant. Noting, in particular, that the proceedings and penalties against the applicant were sufficiently connected in substance and in time and formed a coherent and proportionate whole, it found that the legal system i... | Right not to be tried or punished twice (the non bis in idem | The definition of idem | [
"2. The applicant was born in 1957 and lives in Zagreb. He was represented before the Court by Ms T. Milanković Podbrežnički, a lawyer practising in Zagreb.",
"3. The Croatian Government were represented by their Agent, Ms Š. Stažnik.",
"4. The facts of the case, as submitted by the parties, may be summarised a... | [
"RELEVANT LEGAL FRAMEWORK",
"DOMESTIC LAW",
"66. The relevant domestic law as regards the absence of an accused in criminal proceedings from the sessions of an appeal panel is set out in the case of Arps v. Croatia, no. 23444/12, §§ 12-15, 25 October 2016.",
"67. The relevant provisions of the Criminal Code (... |
181 | Valiulienė v. Lithuania | 26 March 2013 | This case concerned the complaint by a woman who was a victim of domestic violence about the authorities’ failure to investigate her allegations of ill-treatment and to bring her partner to account. | The Court held that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the Convention, finding that the practices at issue in the instant case and the manner in which the criminal-law mechanisms had been implemented had not provided the applicant adequate protection against acts ... | Domestic violence | Effectiveness of investigations into complaints of domestic violence | [
"I. THE CIRCUMSTANCES OF THE CASE",
"6. The applicant was born in 1976 and lives in Panevėžys.",
"7. The applicant stated that between 3 January and 4 February 2001, she had been beaten up on five occasions by her live-in partner, J.H.L., a Belgian citizen. She submitted that she had been strangled, pulled by t... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"33. Article 140 § 1 of the Criminal Code, in force from 1 May 2003 (“the new Criminal Code”), establishes criminal liability for causing minor bodily harm. The crime is punishable by community service or by a deprivation of liberty for up to one year.",
"Before 1 May 2... |
182 | N. v. Sweden | 20 July 2010 | The applicant, an Afghan national, arrived in Sweden with her husband in 2004. Their requests for asylum were refused several times. In 2005 the applicant separated from her husband. In 2008 her request for a divorce was refused by the Swedish courts as they had no authority to dissolve the marriage as long as the appl... | The Court held that the applicant’s deportation from Sweden to Afghanistan would constitute a violation of Article 3 (prohibition of inhuman or degrading treatment or punishment) of the Convention finding that, in the special circumstances of the present case, there were substantial grounds for believing that if deport... | Domestic violence | Risk of being subjected to domestic violence in case of deportation | [
"I. THE CIRCUMSTANCES OF THE CASE",
"A. Proceedings before the Swedish authorities and courts",
"6. The applicant was born in 1970 and lives in Fagersta.",
"7. On 13 August 2004 the applicant and her husband, X, arrived in Sweden and on 16 August 2004 they applied to the Migration Board ( Migrationsverket ) f... | [
"II. RELEVANT DOMESTIC LAW",
"29. The basic provisions mainly applicable in the present case, concerning the right of aliens to enter and to remain in Sweden, are laid down in the 2005 Aliens Act ( Utlänningslagen, 2005:716 – hereafter referred to as “the 2005 Act”) which replaced, on 31 March 2006, the old Alien... |
183 | N. v. Sweden | 20 July 2010 | The applicant, an Afghan national having an extra-marital affair with a man in Sweden, maintained that she risked social exclusion, long imprisonment or even death if returned to Afghanistan. Her applications for asylum were unsuccessful. | The Court found that the applicant’s deportation from Sweden to Afghanistan would constitute a violation of Article 3 (prohibition of inhuman or degrading treatment or punishment) of the Convention. It noted that women were at particular risk of ill‑treatment in Afghanistan if perceived as not conforming to the gender ... | Violence against women | Social exclusion | [
"I. THE CIRCUMSTANCES OF THE CASE",
"A. Proceedings before the Swedish authorities and courts",
"6. The applicant was born in 1970 and lives in Fagersta.",
"7. On 13 August 2004 the applicant and her husband, X, arrived in Sweden and on 16 August 2004 they applied to the Migration Board ( Migrationsverket ) f... | [
"II. RELEVANT DOMESTIC LAW",
"29. The basic provisions mainly applicable in the present case, concerning the right of aliens to enter and to remain in Sweden, are laid down in the 2005 Aliens Act ( Utlänningslagen, 2005:716 – hereafter referred to as “the 2005 Act”) which replaced, on 31 March 2006, the old Alien... |
184 | Bevacqua and S. v. Bulgaria | 12 June 2008 | The first applicant, who claimed she was regularly battered by her husband, left him and filed for divorce, taking their three-year-old son (the second applicant) with her. However, she maintained that her husband continued to beat her. She spent four days in a shelter for abused women with her son but was allegedly wa... | The Court held that there had been a violation of Article 8 (right to respect for family life) of the Convention, given the cumulative effects of the domestic courts’ failure to adopt interim custody measures without delay in a situation which had affected adversely the applicants and, above all, the well-being of the ... | Domestic violence | State’s duty to protect physical and psychological integrity of individuals | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The first applicant, Mrs Valentina Nikolaeva Bevacqua, is a Bulgarian national who was born in 1974 and at the relevant time lived in Sofia. In 2003 or 2004 she moved to Italy. The application is submitted by the first applicant on her own behalf and also on behalf of her s... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"1. Interim measures in divorce proceedings",
"39. In accordance with Article 261 of the Code of Civil Procedure, a court examining a divorce case shall order interim child custody measures upon request of a party to the proceedings.",
"40. The Supreme Court has held ... |
185 | A. v. Croatia | 14 October 2010 | The applicant’s now ex-husband (suffering from post-traumatic stress disorder, paranoia, anxiety and epilepsy) allegedly subjected her to repeated physical violence causing bodily injury and death threats over many years and also regularly abused her in front of their young daughter. After going into hiding, the applic... | The Court held that there had been a violation of Article 8 (right to respect for private and family life) of the Convention in that the Croatian authorities had failed to implement many of the measures ordered by the courts to protect the applicant or deal with her ex-husband’s psychiatric problems, which appeared to ... | Domestic violence | State’s duty to protect physical and psychological integrity of individuals | [
"I. THE CIRCUMSTANCES OF THE CASE",
"4. The applicant was born in 1979 and lives in Z.",
"1. Background to the case",
"5. On 21 April 2001 the applicant married B and on 14 May 2001 a daughter, C, was born of the marriage. On 13 December 2005 the applicant brought a civil action in the Z. Municipal Court ( Op... | [
"II. RELEVANT DOMESTIC LAW",
"Relevant criminal law",
"41. The relevant parts of the Criminal Code ( Kaznenei zakon Republike Hrvatske, Official Gazette nos. 110/1997, 28/1998, 50/2000, 129/2000, 51/2001, 11/2003, 105/2004, 84/2005 and 71/2006 ) read as follows:",
"Article 75",
"“ A security measure of comp... |
186 | A. v. Croatia | 14 October 2010 | This case concerned the applicant’s complaint that the authorities had failed to protect her against the domestic violence of her mentally-ill ex-husband despite her having alerted them about his repeated physical and verbal assaults and death threats. She also alleged that the relevant laws in Croatia regarding domest... | The Court declared the applicant’s complaint under Article 14 (prohibition of discrimination) of the Convention inadmissible, on the ground, in particular, that she had not given sufficient evidence (such as reports or statistics) to prove that the measures or practices adopted in Croatia against domestic violence, or ... | Gender equality | Domestic violence | [
"I. THE CIRCUMSTANCES OF THE CASE",
"4. The applicant was born in 1979 and lives in Z.",
"1. Background to the case",
"5. On 21 April 2001 the applicant married B and on 14 May 2001 a daughter, C, was born of the marriage. On 13 December 2005 the applicant brought a civil action in the Z. Municipal Court ( Op... | [
"II. RELEVANT DOMESTIC LAW",
"Relevant criminal law",
"41. The relevant parts of the Criminal Code ( Kaznenei zakon Republike Hrvatske, Official Gazette nos. 110/1997, 28/1998, 50/2000, 129/2000, 51/2001, 11/2003, 105/2004, 84/2005 and 71/2006 ) read as follows:",
"Article 75",
"“ A security measure of comp... |
187 | Kalucza v. Hungary | 24 April 2012 | The applicant unwillingly shared her apartment with her violent common-law husband pending numerous civil disputes concerning the ownership of the flat. She alleged in particular that the Hungarian authorities had failed to protect her from constant physical and psychological abuse in her home. | The Court concluded that the Hungarian authorities had failed to fulfil their positive obligations, in violation of Article 8 (right to respect for private and family life) of the Convention. It found in particular that, even though the applicant had lodged criminal complaints against her partner for assault, had repea... | Domestic violence | State’s duty to protect physical and psychological integrity of individuals | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1969 and lives in Budapest.",
"A. Background of the case",
"6. In July 2000 the applicant and her husband bought a flat which was part of an undivided shared property with one lot register number. Two thirds of the flat were registered in the a... | [
"II. RELEVANT DOMESTIC LAW",
"A. Act no. XIX of 1998 on the Code of Criminal Procedure",
"Section 138/A – Restraining Order",
"“ (1) A restraining order restricts the right of the accused to free movement and the free choice of residence. The accused under the effect of a restraining order shall, in line with... |
188 | Levchuk v. Ukraine | 3 September 2020 | This case concerned the applicant’s complaint that the dismissal of an eviction claim against her ex-husband had exposed her and her children to the risk of domestic violence and harassment. She alleged that the domestic courts had been excessively formalistic in their decisions and had given her ex-husband a sense of ... | The Court held that there had been a violation of Article 8 (right to respect for private and family life) of the Convention, finding that the response of the civil courts to the applicant’s eviction claim against her former husband had not been in compliance with the State’s positive obligation to ensure the applicant... | Domestic violence | State’s duty to protect physical and psychological integrity of individuals | [
"2. The applicant was born in 1982 and lives in Rivne. She is a registered disabled person with a category 3 disability [1] who lives off her disability pension and child support allowances. She was granted legal aid and was represented by Ms N.A. Bukhta, a lawyer practising in Rivne.",
"3. The Government were re... | [
"RELEVANT LEGAL FRAMEWORK",
"Relevant domestic lawThe Criminal Code (2002)",
"The Criminal Code (2002)",
"The Criminal Code (2002)",
"47. Article 125 of the Code, in so far as relevant, reads as follows:",
"Article 125. Intentional minor physical injury",
"“ 1. Intentional minor physical injury shall be... |
189 | Volodina v. Russia | 14 September 2021 | This case concerned the applicant’s allegation that the Russian authorities had failed to protect her against repeated acts of cyberharassment. She submitted, in particular, that her former partner had used her name, personal details and intimate photographs to create fake social media profiles, that he had planted a G... | The Court held that there had been a violation of Article 8 (right to respect for private life) of the Convention, finding that the Russian authorities had failed to comply with their obligations under that provision to protect the applicant from severe abuse. It noted, in particular, that, despite having the legal too... | New technologies | Online harassment | [
"2. The applicant is Ms Valeriya Igorevna Volodina; she is a Russian national who was born in 1985 and lives in an undisclosed location in Russia. In 2018, fearing for her safety, she obtained a legal change of name (see Volodina v. Russia, no. 41261/17, § 39, 9 July 2019). Her old name is used in the judgment to p... | [
"RELEVANT LEGAL FRAMEWORK",
"United nations",
"22. The 2015 report by the UNESCO-ITU Broadband Commission for Digital Development’s Working group on Broadband and Gender, “Cyberviolence against Women and Girls: A World-wide Wake-up Call” [1], observes that “violence online and offline, or ‘physical’ violence ag... |
190 | Opuz v. Turkey | 9 June 2009 | The applicant and her mother were assaulted and threatened over many years by the applicant’s husband, at various points leaving both women with life-threatening injuries. With only one exception, no prosecution was brought against him on the grounds that both women had withdrawn their complaints, despite their explana... | The Court held that there had been a violation of Article 2 (right to life) of the Convention concerning the murder of the applicant’s mother and a violation of Article 3 (prohibition of inhuman or degrading treatment) of the Convention concerning the State’s failure to protect the applicant. It found that Turkey had f... | Domestic violence | Prohibition of discrimination (Article 14 of the Convention) | [
"I. THE CIRCUMSTANCES OF THE CASE",
"7. The applicant was born in 1972 and lives in Diyarbakır.",
"8. The applicant ’ s mother married A.O. in a religious ceremony. In 1990 the applicant and H.O., A.O. ’ s son, started a relationship and began living together. They officially married on 12 November 1995. They h... | [
"II. RELEVANT LAW AND PRACTICE",
"A. Domestic law and practice",
"70. The relevant domestic law provisions relied on by the judicial authorities in the instant case are set out below.",
"1. The Criminal Code",
"Article 188",
"“ Whoever by use of force or threats compels another person to do or not to do s... |
191 | Opuz v. Turkey | 9 June 2009 | The applicant alleged that the Turkish authorities had failed to protect the right to life of her mother, who had been killed by the applicant’s husband, and that they had been negligent in the face of the repeated violence, death threats and injury to which she herself had been subjected by him. She further complained... | The European Court of Human Rights held that there had been a violation of Article 2 (right to life) of the European Convention on Human Rights concerning the murder of the applicant’s mother and a violation of Article 3 (prohibition of inhuman or degrading treatment) of the Convention concerning the State’s failure to... | Gender equality | Domestic violence | [
"I. THE CIRCUMSTANCES OF THE CASE",
"7. The applicant was born in 1972 and lives in Diyarbakır.",
"8. The applicant ’ s mother married A.O. in a religious ceremony. In 1990 the applicant and H.O., A.O. ’ s son, started a relationship and began living together. They officially married on 12 November 1995. They h... | [
"II. RELEVANT LAW AND PRACTICE",
"A. Domestic law and practice",
"70. The relevant domestic law provisions relied on by the judicial authorities in the instant case are set out below.",
"1. The Criminal Code",
"Article 188",
"“ Whoever by use of force or threats compels another person to do or not to do s... |
192 | Rumor v. Italy | 27 May 2014 | The applicant complained that the authorities had failed to support her following the serious incident of domestic violence against her in November 2008 or to protect her from further violence. She alleged in particular that her former partner had not been obliged to have psychological treatment and continued to repres... | The Court held that there had been no violation of Article 3 (prohibition of inhuman and degrading treatment) alone and in conjunction with Article 14 (prohibition of discrimination) of the Convention. It found that the Italian authorities had put in place a legislative framework allowing them to take measures against ... | Domestic violence | Prohibition of discrimination (Article 14 of the Convention) | [
"I. THE CIRCUMSTANCES OF THE CASE",
"6. The applicant was born in 1968 and lives in Colognola ai Colli, in the province of Verona.",
"7. The facts of the case, as submitted by the parties, can be summarised as follows.",
"A. Background to the case",
"8. The applicant ’ s relationship with J.C.N., a Kenyan n... | [
"II. RELEVANT INTERNATIONAL MATERIAL",
"31. A summary of the relevant international material concerning protection from domestic violence and discrimination against women has been made in the case of Opuz v. Turkey ( no. 33401/02, §§ 72-86, ECHR 2009).",
"32. In its Recommendation Rec(2002)5 of 30 April 2002 on... |
193 | Rumor v. Italy | 27 May 2014 | The applicant complained that the authorities had failed to support her following the serious incident of domestic violence against her or to protect her from further violence. She also alleged that these failings had been the result of the inadequacy of the legislative framework in Italy in the field of the fight agai... | The Court held that there had been no violation of Article 3 (prohibition of inhuman and degrading treatment) of the Convention, alone and in conjunction with Article 14 (prohibition of discrimination). It found that the Italian authorities had put in place a legislative framework allowing them to take measures against... | Gender equality | Domestic violence | [
"I. THE CIRCUMSTANCES OF THE CASE",
"6. The applicant was born in 1968 and lives in Colognola ai Colli, in the province of Verona.",
"7. The facts of the case, as submitted by the parties, can be summarised as follows.",
"A. Background to the case",
"8. The applicant ’ s relationship with J.C.N., a Kenyan n... | [
"II. RELEVANT INTERNATIONAL MATERIAL",
"31. A summary of the relevant international material concerning protection from domestic violence and discrimination against women has been made in the case of Opuz v. Turkey ( no. 33401/02, §§ 72-86, ECHR 2009).",
"32. In its Recommendation Rec(2002)5 of 30 April 2002 on... |
194 | J.D. and A v. the United Kingdom | 24 October 2019 | The second applicant in this case, being at risk of extreme domestic violence, was included in a “Sanctuary Scheme”, which also meant that there were some adaptions to her property (including the installation of a “panic room” in the attic for herself and her son with whom she lived in a three bedroom house). She submi... | The Court held that there had been a violation of Article 14 (prohibition of discrimination) of the Convention in conjunction with Article 1 (protection of property) of Protocol No. 1 in respect of the second applicant. It noted in particular that the regulation’s aim to encourage people to move was in conflict with th... | Domestic violence | Prohibition of discrimination (Article 14 of the Convention) | [
"I. THE CIRCUMSTANCES OF THE CASE",
"7. The facts of the case, as submitted by the applicants, may be summarised as follows.",
"A. The background facts",
"1. The first applicant, J.D.",
"8. The applicant J.D. has lived with her adult, disabled daughter in a 3 bedroom property in the social rented sector sin... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. The Social Security Contributions and Benefits Act 1992",
"31. Housing Benefit is a means tested benefit provided under section 130 of the Social Security Contributions and Benefits Act 1992 and subordinate regulations. It is a financial payment available to claiman... |
195 | Tkhelidze v. Georgia | 8 July 2021 | This case concerned the Georgian authorities’ alleged failure to protect the applicant’s daughter from domestic violence and to conduct an effective investigation into the matter. The applicant submitted that the police had been aware of the danger posed to her daughter’s life, but had failed to take the necessary prev... | The Court held that there had been a violation of Article 2 (right to life) taken in conjunction with Article 14 (prohibition of discrimination) of the Convention, finding that the Georgian State had failed to comply with its obligations to protect the life of the applicant’s daughter and to carry out an effective inve... | Domestic violence | Prohibition of discrimination (Article 14 of the Convention) | [
"2. The applicant was born in 1958 and lives in Tbilisi. She was represented by three Georgian lawyers – Ms M. Kurtanidze, Ms B. Pataraia and Ms S. Gogishvili – and two British lawyers – Mr Ph. Leach and Ms J. Gavron.",
"3. The Government were represented by their Agent, Mr B. Dzamashvili, of the Ministry of Just... | [
"RELEVANT LEGAL FRAMEWORK AND PRACTICE",
"Domestic legal framework, as at the material timeCriminal Code of Georgia",
"Criminal Code of Georgia",
"Criminal Code of Georgia",
"25. At the material time, Article 11 1 of the Criminal Code provided that those who could be considered “family members” and could th... |
196 | A and B v. Georgia | 10 February 2022 | This case concerned the murder of the daughter and mother, respectively, of the two applicants, by the second applicant’s father, a police officer, following a troubled relationship. It also concerned the ensuing investigation. The applicants complained, in particular, of a failure on the part of the authorities to pro... | The Court held that there had been a violation of Article 2 (right to life) taken in conjunction with Article 14 (prohibition of discrimination) of the Convention in the present case. It found that, overall, the case could be seen as yet another vivid example of how general and discriminatory passivity of the law-enfor... | Domestic violence | Prohibition of discrimination (Article 14 of the Convention) | [
"2. The first and second applicants were born in 1972 and 2013 respectively and live in Georgia. They were represented before the Court by five Georgian lawyers – Ms T. Dekanosidze, Ms T. Abazadze, Ms N. Jomarjidze, Ms A. Arganashvili and Ms A. Abashidze – and four British lawyers – Mr Ph. Leach, Ms K. Levin, Ms J.... | [
"RELEVANT LEGAL FRAMEWORK AND PRACTICE",
"29. On 27 March 2012 an amendment to Article 53 of the Criminal Code of Georgia was adopted whereby discrimination was recognised as a bias motivation and an aggravating circumstance in the commission of a criminal offence. The relevant provision reads as follows:",
"Ar... |
197 | Salduz v. Turkey | 27 November 2008 (Grand Chamber) | Charged with, and subsequently convicted of, participation in an unauthorised demonstration in support of the PKK (the Workers’ Party of Kurdistan, an illegal organisation), the applicant, in the absence of a lawyer, made a statement while in police custody admitting his guilt. | The European Court of Human Rights held that there had been a violation of Article 6 § 3 (c) (right to legal assistance) taken together with Article 6 § 1 (right to a fair trial) of the European Convention on Human Rights. It found that even though the applicant had been able to contest the charges at his trial, the fa... | Police arrest and assistance of a lawyer | Access to a lawyer | [
"I. THE CIRCUMSTANCES OF THE CASE",
"11. The applicant was born on 2 February 1984 and lives in İzmir.",
"A. The applicant ’ s arrest and detention",
"12. On 29 May 2001 at about 10.15 p.m., the applicant was taken into custody by police officers from the anti- terrorism branch of the İzmir Security Directora... | [
"II. RELEVANT LAW AND PRACTICE",
"A. Domestic law",
"1. The legislation in force at the time of the application",
"27. The relevant provisions of the former Code of Criminal Procedure ( Law no. 1412), namely Articles 135, 136 and 138, provided that anyone suspected or accused of a criminal offence had a right... |
198 | Salduz v. Turkey | 27 November 2008 (Grand Chamber) | Charged with, and subsequently convicted of, participation in an unauthorised demonstration in support of the PKK (the Workers’ Party of Kurdistan, an illegal organisation), the applicant, in the absence of a lawyer, made a statement while in police custody admitting his guilt. | The Court held that there had been a violation of Article 6 § 3 (c) taken together with Article 6 § 1 of the Convention. It noted in particular that one of the specific elements of the instant case was the age of the applicant – a minor at the time of the offence. Having regard to a significant number of relevant inter... | Police arrest and assistance of a lawyer | Access to a lawyer | [
"I. THE CIRCUMSTANCES OF THE CASE",
"11. The applicant was born on 2 February 1984 and lives in İzmir.",
"A. The applicant ’ s arrest and detention",
"12. On 29 May 2001 at about 10.15 p.m., the applicant was taken into custody by police officers from the anti- terrorism branch of the İzmir Security Directora... | [
"II. RELEVANT LAW AND PRACTICE",
"A. Domestic law",
"1. The legislation in force at the time of the application",
"27. The relevant provisions of the former Code of Criminal Procedure ( Law no. 1412), namely Articles 135, 136 and 138, provided that anyone suspected or accused of a criminal offence had a right... |
199 | Salduz v. Turkey | 27 November 2008 (Grand Chamber) | The applicant, a minor at the time, was arrested on suspicion of participating in an illegal demonstration in support of the imprisoned leader of the PKK and accused of hanging an illegal banner from a bridge. He was subsequently convicted of aiding and abetting the PKK. The case concerned restriction on the applicant’... | The Court held in particular that there had been a violation of Article 6 § 3 (c) (right to legal assistance of one’s own choosing) in conjunction with Article 6 § 1 (right to a fair hearing) of the Convention, on account of the applicant’s lack of legal assistance while he was in police custody. | Terrorism and the European Convention on Human Rights | (Suspected) terrorists | [
"I. THE CIRCUMSTANCES OF THE CASE",
"11. The applicant was born on 2 February 1984 and lives in İzmir.",
"A. The applicant ’ s arrest and detention",
"12. On 29 May 2001 at about 10.15 p.m., the applicant was taken into custody by police officers from the anti- terrorism branch of the İzmir Security Directora... | [
"II. RELEVANT LAW AND PRACTICE",
"A. Domestic law",
"1. The legislation in force at the time of the application",
"27. The relevant provisions of the former Code of Criminal Procedure ( Law no. 1412), namely Articles 135, 136 and 138, provided that anyone suspected or accused of a criminal offence had a right... |
200 | Pishchalnikov v. Russia | 24 September 2009 | Arrested on suspicion of aggravated robbery, the applicant was interrogated – both on the day of his arrest and immediately on the following day – in the absence of a lawyer, although he had clearly indicated a defence counsel he wanted to represent him. During these interrogations he confessed to having taken part in ... | The Court held that there had been a violation of Article 6 § 3 (c) in conjunction with Article 6 § 1 of the Convention. It found that the lack of legal assistance to the applicant at the initial stages of police questioning had affected irreversibly his defence rights and undermined the possibility of him receiving a ... | Police arrest and assistance of a lawyer | Access to a lawyer | [
"I. THE CIRCUMSTANCES OF THE CASE",
"6. The applicant was born in 1959 and lived, until his arrest, in the town of Revda in the Sverdlovsk Region. Prior to the events described below the applicant had never been accused of or charged with any crime.",
"A. Arrest and pre-trial investigation",
"7. On 15 Decembe... | [
"II. RELEVANT DOMESTIC LAW",
"A. Access to counsel",
"1. RSFSR Code of Criminal Procedure of 1960, in force until 1 July 2002 (“old CCrP”)",
"30. Article 47 of the old CCrP read as follows:",
"“A lawyer should be called to take part in a case at the moment when charges are brought or, if a person suspected ... |
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