text stringlengths 332 3.61k | label int64 0 12 |
|---|---|
24. The Government contested that argument, claiming that the Convention required States to provide for only one institution for the legal recognition of a stable relationship. A positive obligation under Article <mask> of the Convention to provide for such an institution could only arise in so far as couples had no a... | 11 |
106. The applicant insisted that the estate in its entirety, and not his house alone, should be regarded as his home, within the meaning of Article <mask> of the Convention, given that in a traditional Chechen family such as his, particularly in rural areas, personal connections between various family members were tig... | 11 |
77. The Government accepted that there had been interference with the applicant’s rights under Article <mask> of the Convention. However, they considered that such interference had been justified. In particular, the secret surveillance orders had been based on Article 180 of the Code of Criminal Procedure and had been... | 11 |
22. The applicant complained of an infringement of his private life on the grounds that he had lived in Greece for twelve years in a situation of uncertainty as regards his status, despite the favourable opinion issued by the Advisory Board on Asylum. More specifically, he submitted that he had been living in a state ... | 11 |
38. The Government acknowledged in general terms that there had been interference with the applicants’ right to respect for family life under Article <mask> of the Convention. They submitted that the lawfulness and necessity of the decision to annul the first applicant’s residence permit had been duly examined by the ... | 11 |
118. The applicants’ complaint concerning their inability to enjoy family life with Ruslan Askhabov, Isa Dubayev and Isa Dokayev concerns the same matters as those examined above under Articles 2 and 3 of the Convention. Having regard to its above findings under these provisions, the Court considers that this complain... | 11 |
68. The applicant complained, under Articles 2, 3, 8 and 13 of the Convention, about the failure of the domestic authorities to afford him adequate protection from an act of violence. The Court considers that in the particular circumstances of the present case these complaints fall to be examined under Article <mask> ... | 11 |
82. The Government submitted that the authorities had taken all the necessary measures, as they had immediately opened an investigation into sexual exploitation and had convicted the perpetrators of that offence and identified the perpetrators of the sexual assault on the applicant. Referring to the Court’s judgment i... | 11 |
52. The applicant complained, under Articles 6 and 8 of the Convention, that his right to a fair trial and respect for his family life had been violated on account of the courts’ decisions to discontinue contact between him and his three children and their refusal to order family therapy, and the allegedly inadequate ... | 11 |
115. The applicant therefore cannot be said to have suffered from a lack of long-stay visits. It follows that the applicant cannot claim to be a victim of an alleged violation of Article <mask> of the Convention in so far as he complained about the lack of long-stay visits from his wife (for the principles concerning ... | 11 |
46. The Government conceded that, at the time, the operator of the Internet server could not be ordered to provide information identifying the offender. They argued that protection was provided by the mere existence of the criminal offence of malicious misrepresentation and by the possibility of bringing criminal char... | 11 |
38. The Government submitted that Article <mask> of the Convention was not applicable to the applicants’ case and they were not victims of a violation of the Convention right they relied upon. In this connection, they contended that since the applicants had been staying at the scene of the demonstration as visitors, t... | 11 |
34. The applicants also complained under Article <mask> of the Convention that conversations with their lawyers were conducted through a glass wall and were overheard or possibly even recorded and that the authorities had failed to provide proper conditions for private discussions with their lawyers. The Court, which ... | 11 |
118. The Government contested that argument. In particular, they submitted that the applicant had failed to submit any evidence in support of her factual claim that she had been evicted from her flat by the police. The Government further submitted that there had been no violation of Article <mask> of the Convention, a... | 11 |
71. The Government contested that argument. They submitted that the applicant’s circumstances were not capable of coming within the ambit of private life under Article <mask> of the Convention as the provision did not provide a right to choose the country in which a person sought to reside and work without regard to t... | 11 |
59. The applicant pointed out that he had been a lawyer since the age of twenty-six and that he had been elected to Parliament for the first time at the age of sixty-six, when he was at the height of his career. Politics was thus a complement to a successful career; it was not the centre of his life and did not mark t... | 11 |
36. The Government raised an objection based on the inapplicability of Article 1 of Protocol No. 1 to the present application, submitting that it should be examined only under Article <mask> of the Convention. They submitted that whilst, in the Mazurek and Merger and Cros judgments, the Court had found violations of A... | 11 |
34. The applicants complained of the maintenance in force of Article 209 of the Criminal Code, which criminalises homosexual acts of adult men with consenting adolescents between the ages of 14 and 18, and of their convictions under that provision. Relying on Article <mask> of the Convention taken alone and in conjunc... | 11 |
359. The Government contested the applicants’ argument. They submitted, firstly, that the complaint was incompatible ratione materiae with the provisions of the Convention. In their view, the relations between the US applicants and the children they sought to adopt constituted neither “family life” nor “private life” ... | 11 |
111. The applicant complained that, by failing to secure regular contact with her sons, which was necessary to maintain family ties between them, the domestic authorities had breached their positive obligations and thereby violated her right to respect for her family life, as guaranteed by Article <mask> of the Conven... | 11 |
35. The Government agreed that the eviction order of 8 June 2015 constituted an interference with the applicants’ right to respect for their home. However, that interference had been in accordance with the law, had pursued the legitimate aim of the protection of other individuals in need of social housing and had been... | 11 |
73. The Government added that as surrogacy was a moral and ethical issue and there was no consensus on the question among the States Parties, the latter should be afforded a wide margin of appreciation in that area and in the manner in which they apprehended the effects of the relevant legal parent-child relationship ... | 11 |
289. The Government pointed out, first of all, that the relevant applicants had not adduced any documents proving their title to the houses, or any detailed description of the property allegedly lost by them. The Government argued that it was incumbent on the relevant applicants to have their property rights confirmed... | 11 |
42. The Government contended that according to the available evidence, the police officers did not carry out a search of the applicant organisation’s premises within the meaning of the criminal procedure rules. Furthermore, the police officers did not enter the offices of the public notaries, and even when collecting ... | 11 |
10. The applicant complained under Article 6 § 1 of the Convention that the principle of equality of arms had been infringed on account of his lack of access to the classified information submitted by the Ministry of Defence to the Supreme Military Administrative Court and the non-communication to him of the written o... | 11 |
51. The Government further contended that the circumstances of this case did not fall under the concept of “private life” within the meaning of Article <mask> of the Convention, as there was no sufficient connection between the applicant and her nephew. Firstly, the applicant and her nephew were not close relatives bi... | 11 |
70. The applicant complained that the welfare authorities had unjustifiably taken his children into foster care and restricted his contact with them. He further complained that the court proceedings had not been conducted diligently; in particular that they had been excessively delayed, while his family ties with Y an... | 11 |
19. The applicant alleged a violation of his right to respect for family life on account of the lack of practical opportunities for prison visits stemming from the decision to allocate him to a remote penal facility and his subsequent inability to obtain a transfer elsewhere. He relied on Article <mask> of the Convent... | 11 |
66. The Government relied on three further arguments in contending that Article <mask> of the Convention was not applicable in the present case. Firstly, there was no evidence to suggest that the transcript of the applicant’s communications had been disclosed to his work colleagues; the applicant himself had produced ... | 11 |
35. The Government argued that the authorities had acted diligently, without delays and within the limits of their powers, and had thus complied with their positive obligations under Article <mask> of the Convention. They pointed out that the applicant had not complained about the assistance received from the bailiff ... | 11 |
32. The applicant also complained under Article 6 § 1 of the Convention about unfair outcome of the proceedings against the local hospital and the courts’ incorrect assessment of evidence and interpretation of the law. He further complained under Article <mask> of the Convention that the Certificate contained his pers... | 11 |
33. The applicant submitted that her inability to adopt Hind constituted an interference with her family life. She asserted that, even though she had been able, by judicial decision, to give the child her surname, her inability to obtain recognition of a legal parent-child relationship was incompatible with Article <m... | 11 |
22. The Government invokes the case of B.G. v. Poland concerning Article <mask> of the Convention and Dubjaková v. Slovakia (both cited above) concerning Article 6 and argues that the amount awarded was adequate. However, the Court is of the opinion that the findings in the aforementioned cases cannot be relied on in ... | 11 |
34. The Government did not dispute the fact that the censorship of the letter from the Constitutional Court, being a State authority within the meaning of Article 102 (11), and of the letter sent by the Court’s Registry constituted an interference with the applicant’s right to respect for his correspondence. They admi... | 11 |
73. The applicant complained that his right to privacy had been breached because (i) the Internet service provider (hereinafter “the ISP”) had retained his alleged personal data unlawfully and (ii) the police had obtained subscriber data associated with his dynamic IP address and consequently his identity arbitrarily,... | 11 |
56. The Government further contended that, even assuming that they had owed any duty vis-à-vis the applicant under Article <mask> of the Convention, they had taken all reasonable actions to ensure a fair balance between her interests and those of the community. Firstly, K. Street had served as a through road since 198... | 11 |
37. The applicant complained that it was impossible for her to obtain cancellation of Mr D.’s registration as permanently resident at her house, a fact which disturbed her and adversely affected the assessment of her situation in various contexts, such as for the purpose of social contributions towards dwelling costs ... | 11 |
31. The Government accepted that there had been an interference with the applicant’s rights under Article <mask> of the Convention. However, they considered that such interference had been lawful and justified. In particular, the secret surveillance orders had been based on Article 180 of the Code of Criminal Procedur... | 11 |
68. The applicant complained that the circumstances of his visit to a hospital to see his seriously ill daughter had violated his rights under Article <mask> of the Convention and added, relying on Article 6 § 1 of the Convention, that this matter had not been addressed by the domestic courts. Article 8 of the Convent... | 11 |
87. The applicant argued that because of the failure of the national authorities to enforce their own decisions adopted in various proceedings instituted against B on charges of verbal and physical violence against her, she had no effective remedy by which to obtain protection against B's violence. The Court notes tha... | 11 |
61. The applicant submitted that there had been a breach of Article <mask> of the Convention for the same reasons for which there had been a breach of Article 2 of Protocol No. 4. The lengthy and unjustified travel ban had practically destroyed his relations with his family in Germany. That could not be regarded as ju... | 11 |
24. The applicant further claimed that he did not have an effective remedy to protect his rights without suffering considerable financial loss, which resulted in him not enjoying the minimum protection of the right set out in Article <mask> of the Convention. The applicant contested the Government’s submissions that ... | 11 |
233. The Government asked the Grand Chamber to confirm the Chamber’s finding that the two applicants had lost their “victim” status. They had been granted both ex nunc and ex tunc permanent residence permits in the course of the proceedings before the Chamber and had been afforded just satisfaction in respect of the v... | 11 |
73. The applicants complained that the authorities had not taken effective measures to bring the nuisances from the computer club to an end. The Milevi sisters additionally complained about the passiveness of the authorities with regard to the electronic games club and the office in the flat adjoining theirs. They rel... | 11 |
67. The applicant complained that the facts of the case had given rise to a breach of Article <mask> of the Convention. Her right to due respect for her private life and her physical and moral integrity had been violated both substantively, by failing to provide her with a legal therapeutic abortion, and as regards th... | 11 |
133. The applicant stressed that the relevant legislation had given the authorities a virtually unlimited power to interfere with his correspondence. He maintained that, even assuming that the authorities had intended to secure the proper conduct of the criminal proceedings in his case, the duration of that measure, a... | 11 |
55. The Government, at the outset, submitted that the widow's pension did not fall within the ambit of Article <mask> of the Convention because it was payable following bereavement and, in contrast to the widowed mother's allowance, was not aimed at enhancing family or private life. However, later in the proceedings b... | 11 |
32. The applicants complained that the decision to remove the first applicant constituted an unjustified interference with their family life, in so far as it had led to the separation of the nuclear family. In particular, the applicants argued that the first applicant's removal had not been necessary in a democratic s... | 11 |
47. The Government denied, however, that the inability to adopt Hind constituted an “interference” with the applicant’s family life. The Court shares that view. It observes in this connection that the applicant did not complain of any major hindrance to the continuance of her family life but argued that to ensure resp... | 11 |
107. The applicant argued that the courts’ interpretation of section 116 of the Family Act in her case had amounted to discrimination against people with mental illnesses. In particular, the domestic courts’ conclusion that a parent suffering from mental illness was unfit for the everyday care of his or her child and ... | 11 |
49. The applicant complained about the rupture of her family ties with her daughter caused by the lack of a prompt reaction from the Romanian and Bulgarian authorities in respect of return of the child, the length of the custody proceedings in Romania, and the enforcement of her custody rights over the child. She reli... | 11 |
55. The applicant submitted that the restrictions on him practising law as an advocate had interfered with his right to respect for his private life and were therefore covered by Article <mask> of the Convention. He relied on a number of Court judgments, including Niemietz v. Germany (16 December 1992, § 29, Series A ... | 11 |
44. The applicant complained that the Hungarian authorities had failed to execute the judicial decision establishing the residence of her child with her and thus also failed to ensure the swift return of her child after his father had taken him without her consent. In so doing, the authorities had failed to secure her... | 11 |
27. The applicant considers that donating “her” five cryopreserved embryos that are not destined for implantation pertains to her “private life” within the meaning of Article <mask> of the Convention and fulfils a public interest, since it provides researchers with stem cells much needed for research on incurable dise... | 11 |
43. The applicant complained under Article 6 §§ 1 and 2 of the Convention that both the Assize Court and the Court of Cassation had failed to deliver reasoned judgments. Relying upon Article 6 § 3 of the Convention, he also argued that he had not been given sufficient time to prepare his defence and that he had not ha... | 11 |
177. The applicants' complaint concerning their inability to enjoy family life with Lecha Basayev and Lema Dikayev concerns the same facts as those examined above under Articles 2 and 3 of the Convention. Having regard to its above findings under these provisions, the Court considers that this complaint should be decl... | 11 |
98. The Government further indicated that in 2002 municipal decree no. 30 had been annulled, and, at present, the boundary of the sanitary security zone remains undefined. The Federal Program of 1996, which provided for the resettlement of the residents of the zone, is no longer in force. On these grounds on 12 July 2... | 11 |
36. The applicant complained under Article <mask> of the Convention of the lack of a regulatory framework for the legal recognition of his gender identity and about the requirement, which had no basis in domestic law, that he undergo genital surgery as a precondition for having his (male) gender identity recognised. U... | 11 |
21. The Government submitted that Article <mask> of the Convention was inapplicable on the grounds that at the material time or at the time of introduction of the application the SNCF could not be regarded as a public authority within the meaning of the second paragraph of Article 8 and that there had been no interfer... | 11 |
37. The applicant submitted that the interception of his mail in prison, although formally based on the relevant provisions of the 1969 Execution of Punishments Act, had been unlawful, because it had been contrary to the provisions of Articles 34 and 35 § 5 of 1991 Constitution and of section 18(2) of the 1991 Bar Act... | 11 |
66. The Government took the view that there had not been a violation of Article <mask> of the Convention. The domestic courts’ decisions concerning the applicant’s access to and information about F. had not interfered with the applicant’s right to respect for his family life. Referring to the Court’s case‑law (they ci... | 11 |
89. The Government emphasised that the right to maintain personal relations and direct contact with both parents on a regular basis is, first and foremost, a right of a child and not of her/his parents. The parents' right of access to their children are protected but should not be given priority over a child's best in... | 11 |
142. The applicant went on to submit that until 2009, when the 1988 Act had been amended, he had not had at his disposal any remedy in respect of the alleged breach of his rights under Article <mask> of the Convention. The existence of such a remedy was not certain even after that amendment, because there was no relia... | 11 |
49. The Government agreed with the Chamber’s reasoning and conclusion to the effect that there had been no violation of Article <mask> of the Convention in the present case. They noted that the impugned legislation had been passed in order to prevent inequality caused by varying administrative practices throughout the... | 11 |
88. The Government agreed that some interference with the applicant’s right to respect for his family life had occurred in the case at issue. However, there had been no violation of Article 8 since, during the period in question, the Regional Court had allowed the applicant’s brother to visit him twice in prison. The ... | 11 |
107. The Government considered that there was no family life within the meaning of Article <mask> of the Convention between the first applicant and Mrs Saleh and their children as Mr Al-Nashif had not proven that he had been legally married to Mrs Saleh and had often been away from the family home as he had contracted... | 11 |
64. The applicant further made two complaints concerning his right to respect for his correspondence. He firstly complained of the fact that a postal parcel sent to him to Gospić Prison on 30 August 2004 by his parents had never been delivered. Secondly, he complained that some six to eight letters sent by him from th... | 11 |
79. The Government submit that the rules in force at the relevant time in relation to detainees’ contacts with the outside world were compatible with the Convention. On this point, the Government contend that the new National Ordinance on Prisons, which contains regulations on detainees’ outside contacts by letter, te... | 11 |
83. The applicants complained about the refusal of their requests to have the indication of gender on their birth certificates corrected on the grounds that persons making such a request had to substantiate it by demonstrating that they actually suffered from a gender identity disorder and that the change in their app... | 11 |
38. The applicant claimed 268,000 euros (EUR) in respect of non-pecuniary damage: (a) EUR 168,000 for suffering and distress due to violation of his right to family life under Article <mask> of the Convention, (b) EUR 50,000 for suffering and distress for the unjustified duration of the proceedings and (c) EUR 50,000 ... | 11 |
31. The applicants further complained under Article 6 § 1 of the Convention that the proceedings regarding the prohibition of use order were unfair. Relying on Article <mask> of the Convention they invoked that the prohibition of use order violated their right to family life. Furthermore, the applicants complained und... | 11 |
31. The Government stressed that, since the applicant’s stay in Norway had been unlawful, the impugned expulsion did not constitute an interference with her right to respect for her family life for the purposes of Article <mask> of the Convention. The question was rather whether the Norwegian authorities “were under a... | 11 |
199. The applicant complained under Article <mask> of the Convention and Article 1 of Protocol No. 1 to the Convention of the interim seizure of her flat. The Court observes that on 11 March 2002 the Yuzhno-Sakhalinsk Town Court lifted the seizure of the applicant's flat, following which she waived her relevant court ... | 11 |
71. The applicant contended that his eviction from the site interfered unjustifiably with his rights under Article <mask> of the Convention, as being unnecessary and disproportionate, in particular as he was not given the opportunity to challenge in a court the allegations made against him and his family. He denied th... | 11 |
34. The applicants complained that covert listening devices were used by the police to monitor and record their conversations at a flat, that information was obtained by the police concerning the use of a telephone at the flat and that listening devices were used while they were at the police station to obtain voice s... | 11 |
120. The Government submitted that the applicants had not exhausted domestic remedies with regard to their complaint under Article <mask> of the Convention. In the first place, they had not raised that complaint in substance before the domestic courts; while the applicant Hreiðar Már Sigurðsson had made a passing refe... | 11 |
28. The applicant complained that his allegations in respect of Article 3 also gave rise to a violation of Article <mask> of the Convention. In addition, he complained about restrictions on telephone calls. As regards the latter, the applicant submitted that he had often been under pressure from other inmates to termi... | 11 |
97. The Government submitted, firstly, that the first applicant had had an effective remedy for his complaint under Article <mask> of the Convention. In particular, he could have lodged a cassation appeal with the Supreme Court of Russia. The Government further submitted that the Russian authorities had given all poss... | 11 |
209. The Government did not dispute that its refusal of 25 March 2005 to return the body of Aslan Maskhadov (see paragraphs 103-105 above) constituted an interference with the applicants’ rights to private and family life protected by Article <mask> of the Convention. The Court sees no reason to hold otherwise. It not... | 11 |
24. The applicants submitted in reply that the Federal Supreme Court did not have jurisdiction to hear an appeal in their case because of the jurisdictional bar in section 83(c)(3) of the Federal Supreme Court Act. The judgment relied on by the Government had been given after they had lodged the present complaint and ... | 11 |
80. The applicant complained under Article <mask> of the Convention that the investigative authorities and the command of the Unit disseminated offensive information about his son’s personal life. However, the Court notes that the applicant did not sue anyone for defamation, thus failing to exhaust domestic remedies, ... | 11 |
14. The applicants complained of the maintenance in force of Article 209 of the Criminal Code, which criminalised homosexual acts of adult men with consenting adolescents between the ages of 14 and 18, and of their convictions under that provision. Relying on Article <mask> of the Convention taken alone and in conjunc... | 11 |
131. The Government seemed to suggest that the applicant should not be considered to have a right to enjoy family life with M. due to his alleged non-payment of child support. The Court observes that the applicant was acquitted of the charges brought against him in this connection and that in any event this argument, ... | 11 |
54. The Government acknowledged that the search of the applicant’s home interfered with his right to respect for his private life. They submitted that it was justifiable under the second paragraph of Article <mask> of the Convention as being necessary in a democratic society for the prevention of disorder or crime. Th... | 11 |
49. The applicants alleged that the school authorities had failed to organise a class in ethics for the third applicant and complained about the absence of a mark in his school reports in the space reserved for “religion/ethics”. They claimed that the third applicant had been subjected to discrimination and harassment... | 11 |
27. The Government did not deny that the notion of private life, which is also referred to in Article <mask> of the Convention, could sometimes encompass information enabling a person's physical or social identity to be established. They observed that in Gaskin v. the United Kingdom (judgment of 7 July 1989, Series A ... | 11 |
26. The applicant argued that the measure constituted an interference with his rights under Article <mask> of the Convention, which had also been conceded by the Austrian authorities. However, when applying the relevant provisions of the 1992 Aliens Act, the domestic authorities had wrongly found that the measure was ... | 11 |
69. The applicant asserted that her representatives had spent 32 hours each at the rate of EUR 50 on the Court proceedings. In support of this claim, the applicant submitted a contract dated 14 February 2017 concluded with Mr I. Khatiashvili. The latter document specified that the applicant was to pay the relevant sum... | 11 |
70. The Government contended, as they did at the admissibility stage, that the applicants had not exhausted domestic remedies as required by Article 35 § 1 of the Convention as they had not sought redress by means of an action under Article 11 et seq. of the Civil Code as regards the alleged violation of Article <mask... | 11 |
35. The applicant claimed under Article <mask> of the Convention that his prison sentence had interrupted his family life and prevented him from taking care of his sick wife. He further claimed that his unconditional prison sentence in the current case meant that he also had had to serve two-thirds of his other two se... | 11 |
83. The Government maintained that the applicant companies had failed to exhaust domestic remedies. Although the applicant companies had referred to Article <mask> of the Convention in their appeal to the Supreme Court, they had not argued that there had been a violation of that provision. They had merely maintained t... | 11 |
46. The applicant submitted that the employment tribunals had carried out an insufficient assessment and balancing of the interests at stake. This was consistent with an automatic judicial policy that existed in such matters for the benefit of the Churches, which, in his view, enjoyed a privileged status in German law... | 11 |
83. The Government argued that it had been open to the applicants to complain to the courts about their allocation to penal facilities located outside their home region, in accordance with the provisions contained in Chapter 25 of the Code of Civil Procedure. Since they had not had recourse to the above remedy, their ... | 11 |
65. The Government argued that there had been no interference with the applicant’s right to respect for her family life. All forms of family relationship had been extinguished at the latest at the time of the adoption. Citing Schneider v. Germany, no. 17080/07, § 80, 15 September 2011, the Government pointed out that... | 11 |
29. The Government accepted that the custody proceedings at issue constituted an interference with the applicant's rights under Article <mask> of the Convention. They argued, however, that the obligation of national authorities to take measures to facilitate contact by a non-custodial parent with children pending, or ... | 11 |
29. The applicant complained that the domestic courts’ refusal to allow him to challenge Mr M.’s paternity and to have his own paternity legally established violated his right to respect for his private and family life as protected by Article <mask> of the Convention. He complained, in particular, that the relevant le... | 11 |
171. The applicants alleged that the searches carried out in their houses during and after the abduction of their relatives were unlawful and constituted a violation of their right to respect for home. They further complained that the disappearance of their close relatives after their detention by the State authoritie... | 11 |
96. The Government also submitted that, owing to his frequent business trips abroad, the applicant usually spent more than half a year outside Lithuania, away from his wife and daughter. Accordingly, the gravity of the applicant’s situation could not be compared to the gravity of the situations in other cases involvin... | 11 |
37. The Government pointed out that it is not per se incompatible with the Convention to limit access to reopening of paternity cases, in particular when the rules are reasonable and flexible like those in the Danish legislation and they pursue the legitimate aim of safeguarding the interest of the child, including pr... | 11 |
59. The Government submitted that the proceedings brought by the applicant had fully complied with the requirements of Article <mask> of the Convention. The courts had thoroughly and actively examined the case, admitting a number of expert reports and other evidence, but finding no medical malpractice. They had dealt ... | 11 |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.