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53. The applicant pointed out that while the Government had emphasised the difficulties in reconstructing the facts of an act which had happened behind closed doors, they had not taken into real consideration the positive obligation of the State to protect her private and family life. Her right to physical integrity h... | 11 |
50. The Government accepted that the non-enforcement of the custody orders concerned the applicants’ family life within the meaning of Article <mask> of the Convention, but considered that the measures taken by the authorities had been adequate and effective. In particular, a complex collaborative process between all ... | 11 |
79. The applicant further emphasised that the interference complained of had not been “in accordance with the law” within the meaning of Article <mask> of the Convention. Section 4a of the 1993 Act allowed a termination where the continuation of a pregnancy constituted a threat to the mother’s life or health. Hence, t... | 11 |
32. The applicant complained about the conditions required to obtain sodium pentobarbital, namely a medical prescription based on a thorough psychiatric assessment. He alleged that, since those conditions could not be met in his case, the right to which he considered himself entitled, namely that of choosing the time ... | 11 |
30. The applicant argued that the domestic authorities were under an obligation to protect his right to reputation pursuant to Article <mask> of the Convention. In his view, the rulings of the domestic courts were also incompatible with Article 14 of the Convention. In particular, he pointed out that the domestic cour... | 11 |
48. The applicant further complained under Article <mask> of the Convention that the colony staff had opened and inspected his letters, and had not dispatched them to addressees. He also complained under Article 7 of the Convention that the Regional Court had incorrectly calculated his sentence. The Court has examined... | 11 |
18. 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 |
106. The applicants submitted that the relationship established between them and their respective adopted daughters constituted a family tie, protected by Article <mask> of the Convention, which was therefore applicable in the present case. They referred to Abdulaziz, Cabales and Balkandali v. the United Kingdom (judg... | 11 |
14. The applicant complained that the national authorities’ refusal to allow her to bear only her maiden name after her marriage amounted to a breach of Article <mask> of the Convention. She also contended that the fact that Turkish law allows married men to bear only their own surname after marriage and not married w... | 11 |
85. The applicant complained that, by failing to secure his regular contacts with his son, which had been necessary to maintain family ties between them, the domestic authorities had breached their positive obligation to respect his family life. In particular, the applicant complained that in the period between the ti... | 11 |
191. The applicant argued that execution of the extradition order against him would entail “significant and irreparable” consequences to his relationship with his wife and children, especially his daughter who required health care in Russia. The extradition order and judicial review decisions had not properly taken in... | 11 |
98. The Government submitted that the case revealed no violation of Article <mask> of the Convention. While they accepted that the decisions by the Social Council of 2 October 2002 and 10 September 2003 interfered with the applicants' right to respect for their private and family life, they contended that the decision... | 11 |
30. The applicant complained under Article <mask> of the Convention of inaction on the part of the local authorities in Valencia, in particular the City Council, which had failed to put a stop to the night-time disturbances. In particular, he claimed that the City Council had not fulfilled its positive duty to take re... | 11 |
68. The Government pointed out that the applicant had been under secret surveillance between 23 March and 7 August 2007 and subsequently from 17 September 2007, and that he had learnt this when the indictment had been lodged on 10 March 2009. Accordingly, in the Government’s view, the six-month time-limit had started ... | 11 |
25. The Government claimed that inappropriate blood sampling which led to the DNA test being declared inadmissible did not amount to an interference with the applicant’s right guaranteed by Article <mask> of the Convention. Under Article 87 § 2 of the Code of Civil Procedure, a court could order a second test if it do... | 11 |
75. The Government contested the facts as presented by the applicant. The visit had not been organised to take place at a time when no visits were allowed. On the contrary, a specific visiting time had been previously agreed upon with the hospital. No medical procedures had been performed on the applicant’s daughter d... | 11 |
38. The Government submitted that the applicant had not in fact been subjected to secret surveillance, and on that basis argued that he was not a victim of an interference with his rights under Article <mask> of the Convention. The Court observes that it has in a number of previous cases held that to the extent that a... | 11 |
36. The applicant submitted that under the Court’s case‑law sometimes the mere existence of laws authorising secret surveillance could render a person victim of an alleged breach of Article <mask> of the Convention. It was not necessary to establish that he had in fact been subjected to such surveillance. The letter o... | 11 |
36. The Government contended that the application was inadmissible, since the complaint fell outside the scope of Article <mask> of the Convention and, consequently, Article 14. In any event, unlike in Fretté (Fretté v. France, no. 36515/97, § 32, ECHR 2002-I), the refusal to grant the applicant authorisation had not ... | 11 |
58. The applicants complained that the searches in their house and the photography studio had not been duly circumscribed by the search warrants which had authorised them, had encompassed many items – such as mobile telephones, computers, flash memory drives and memory cards, and later even the first applicant’s email... | 11 |
48. The Government did not see how the refusal to call into question the legal situation established in 1970 could be regarded as an interference with the applicant’s right to respect for his family life within the meaning of Article <mask> of the Convention. They added that if the Court were to consider that there ha... | 11 |
44. The applicant also complained under Article 6 § 1 of the Convention about fairness of the proceedings and under Article <mask> of the Convention claiming that his right to respect for his home had been violated. He further complained under Article 14 of the Convention claiming that he had been discriminated agains... | 11 |
123. The applicant also complained under Article <mask> of the Convention about his pre-trial detention and claimed that he had been prevented from contacting his family at that time. However, the Court notes that the applicant was released on 30 May 1997, while the present application was only lodged on 25 May 2004. ... | 11 |
79. The Government accepted that Article 14 taken in conjunction with Article <mask> of the Convention applied to the present case. Thus far, the Court’s case-law had considered homosexual relationships to fall within the notion of “private life”, but there might be good reasons to include the relationship of a same-s... | 11 |
22. The applicant complained that the State had failed to secure her right to respect for private life as a result of the derisory sum of non-pecuniary damages awarded to her, even though the domestic courts had found that a serious violation of her privacy had been committed by the newspaper Lietuvos Rytas. She also ... | 11 |
45. The Government submitted that the applicant had not exhausted domestic remedies as required by Article 35 § 1 of the Convention. The Government firstly pointed out that the applicant had not challenged the requisition order by way of administrative recourse under Article 146 of the Constitution but had only challe... | 11 |
53. The Government argued that the applicant had failed to exhaust domestic remedies in respect of his complaint under Article <mask> of the Convention. In particular, they submitted that it was open to the applicant to challenge before the domestic courts the bailiffs’ actions (or inaction) in enforcing the judgment ... | 11 |
76. The applicant argued that the ISP had retained his personal data for almost six months without having a clear legal basis for such action and thus in violation of Article <mask> of the Convention. In his observations, submitted on 15 October 2015, the applicant claimed that he had lodged his application with the C... | 11 |
23. 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 visits and telephone calls. As regards the latter, the applicant submitted that he had had the right to use a telephone only twic... | 11 |
68. The Government submitted, referring to the Court’s judgments in the cases of Tonchev v. Bulgaria, no. 18527/02, 19 November 2009; Kulakov v. Ukraine (dec.), no. 12944/02, 16 November 2010; and Ilieva and Georgieva v. Bulgaria (dec.), no. 9548/07, 17 April 2012, that Article <mask> of the Convention had not been ap... | 11 |
66. The applicant makes two distinct complaints under Article <mask> of the Convention, which must be examined separately: first, that paragraphs 398 and 399 of the Immigration Rules, which required the existence of “exceptional circumstances” before removal would be in breach of Article 8 of the Convention, imposed a... | 11 |
31. The applicant complained that the domestic courts had violated his rights under Article <mask> of the Convention when they applied the Amnesty Act without him asking them to do so. The Court considers that this complaint does not disclose any appearance of a violation of Article 8. Finally, the applicant complaine... | 11 |
114. The applicants complained that they were unable to claim damages in respect of their relatives' deaths before completion of the investigation and thus had no access to court, contrary to Article 6 § 1 of the Convention. The applicants further complained under Article <mask> of the Convention about unlawful search... | 11 |
56. The applicant complained that he had been discriminated against on the ground of his sexual orientation in that, as a survivor of a de facto same-sex union, he had been denied a survivor’s pension. The applicant complained in particular of the difference of treatment between de facto same-sex unions who had been u... | 11 |
31. The Government reiterated that the refusal of the residence permit and the expulsion order against the applicant were justified measures under Article <mask> of the Convention. They submitted that the circumstances which had led to the applicant’s conviction in 2001 were so serious that the immigration measures ha... | 11 |
36. The Government argued that as the Secretary of State followed a practice of following the Tribunal's recommendation this did not deprive the Tribunal's review of an effective decision-making function. While they have referred to previous cases concerning the relevance of administrative practices and policies, the ... | 11 |
33. The applicant complained under Article <mask> of the Convention, on her behalf and on behalf of her minor son, that the unauthorised publication of her son’s photograph in a booklet produced for the Municipal Child Protection Centre had infringed their private and family life. She further complained that the domes... | 11 |
74. The Government accepted that the first applicant had established a family life with his wife and child in Cyprus within the meaning of Article <mask> of the Convention. However, they argued that, in the particular circumstances of the case, there had been no interference or lack of respect for his family life and ... | 11 |
37. The applicant complained about the interception of his telephone and electronic communications, which he said had been contrary to Article <mask> of the Convention. The applicant alleged that his right to respect for his private life and correspondence, protected by that provision, had been breached by the impleme... | 11 |
15. The applicant submitted that by introducing the possibility to challenge in court a legal presumption of fatherhood, the Bulgarian legislator had recognised the personal right to the protection of private life of individuals who, like himself, were legally presumed to be fathers of children born during the former’... | 11 |
44. The Government have argued that the publication at issue did not affect the second applicant’s rights under Article 8 seriously enough for that provision to be applicable. The Court reiterates, however, that in the article the second applicant had been named as a person holding public office and repeatedly breakin... | 11 |
47. The applicant complained that the domestic courts’ decision to refuse him access to his son and information about his personal circumstances violated his right under Article <mask> of the Convention to respect for his private and family life. He further submitted that the domestic courts’ failure to investigate su... | 11 |
55. The applicants contended that this interference was not in accordance with the law within the meaning of Article <mask> of the Convention. They submitted that the provision of Article 45 of the Ministry of Interior Act on the ground of which they were dismissed left unlimited discretionary power to the Ministry to... | 11 |
38. The applicant submitted that the decision to withdraw night-time care from her and require her to use incontinence pads, even though she was not incontinent, constituted an unjustified interference with her right to respect for her private life. In particular, she argued that it was difficult to conceive of a fact... | 11 |
17. The applicant submitted that the refusal to grant him compassionate leave was in breach of Article <mask> of the Convention. He emphasised that, in accordance with the Court’s case‑law, even if a detainee must be subjected to various limitations of his rights and freedoms, each of these limitations must be justifi... | 11 |
28. The Government maintained that child benefits did not fall within the ambit of Article <mask> of the Convention, as the State's general obligation to promote family life did not give rise to concrete rights to specific payments. The statutory provision of Section 1 § 3 of the Child Benefits Act and its application... | 11 |
63. The Government argued that the applicant could not be considered a victim or even a potential victim of the alleged violation, in that the relevant rules of civil law did not prevent a transsexual from marrying in his new identity following gender reassignment surgery. The key issue was still that of gender recogn... | 11 |
41. The Government disputed the applicability of Article <mask> of the Convention in the present case. They maintained that the choice of name was not entirely a matter of a person’s individual choice and that the States had a wide margin of appreciation in the area. In their submission, the legislation on assigning n... | 11 |
46. The applicants disputed the Government's argument that their case fell outside the scope of protection of Article 8 of the right to respect for private and family life. They pointed out that the first and second applicants had been married during the period when a stay of execution had been granted in respect of t... | 11 |
70. The applicant complained of a violation of the right to respect for his private life which had allegedly taken place when his telephone conversation with S.Ž. and the conversation in person between him, O.V. and S.Ž. was recorded on 14 December 2001, and when the conversations in his office had been recorded on 18... | 11 |
48. The Government submitted that the aunt did not have the necessary standing to act on behalf of her nephews. Their argument in this respect was threefold: firstly, the father of the boys has never been deprived of his parental rights and was the sole legal guardian of the boys after the death of their mother (see K... | 11 |
115. The applicants asked the Court to hold that there had been a violation of Article <mask> of the Convention. While aware that a long period of time had elapsed since the child was taken into care, and that it was in the child’s interest not to be subjected to a further change in his family situation, the applicant... | 11 |
28. The applicant complained that the search of his business and residential premises and the seizure of documents, which had been ordered by the Bad Urach District Court, had been in breach of his right to respect for his home. He argued in particular that, in the context of investigations into a contravention of a r... | 11 |
43. The Government submitted that the first applicant had not exhausted domestic remedies in respect of his complaint as he had belatedly presented facts to the Court of Appeal with regard to his relationship to his father and thus to family ties in the meaning of Article <mask> of the Convention. Submissions in that ... | 11 |
31. The Government contended that the concept of private life was very broad and did not lend itself to an exhaustive definition. An individual’s physical and moral integrity fell within the notion of “private life” and was protected by Article <mask> of the Convention. In that regard, they noted that the judgment of ... | 11 |
93. The applicants complained that their removal from Latvia had violated their rights guaranteed by Article <mask> of the Convention in that the measures taken against them in that connection had not respected their private life, their family life and their home in Latvia. They claimed that those measures had not bee... | 11 |
68. The applicant also contended that the criminal conviction had adversely affected his moral and psychological integrity and that he had suffered personally, socially, psychologically and economically. The Court observes that the protection of an individual’s moral and psychological integrity is an important aspect ... | 11 |
35. The applicant replied that in his application in the first Adžić case he had complained under Article 6 § 1 and Article <mask> of the Convention of the excessive length of the proceedings for the return of his son, and under Article 13 that he had not had an effective domestic remedy for those Convention complaint... | 11 |
57. The Government described the entire incident as a property-related quarrel among neighbours insufficiently serious to amount to a violation of Article <mask> of the Convention (see paragraph 50 above). There were no long-lasting psychological effects on the applicant. The applicant had also “probably ... verbally ... | 11 |
53. The applicant took a number of steps attempting to obtain redress at the domestic level. For instance, his allegations, which served as the basis for his complaint under Article <mask> of the Convention in the proceedings before it, were accepted for examination by the domestic courts on the basis of Article 234 o... | 11 |
61. The Government argued that complaints of this nature were to be examined under Article <mask> of the Convention. In this respect they referred to a series of cases against Latvia (see Kornakovs v. Latvia, no. 61005/00, §§ 157‑158, 15 June 2006; Ņikitenko v. Latvia, no. 62609/00, § 37, 16 July 2009; and Pacula v. L... | 11 |
41. The Government also considered that in balancing two interests the Lithuanian courts had given sufficient weight to the second applicant’s rights under Article <mask> of the Convention. Firstly, they had rightly qualified the statements in the article as statements of fact and thus susceptible to proof, therefore ... | 11 |
52. The applicant complained under Article <mask> of the Convention that the information about his HIV status had been made available to a third party, G., and that this information had been further disseminated by her to others. He also alleged that the domestic inquiry had taken too long and that he had had no effec... | 11 |
51. The Government contended that there was no breach of either Article <mask> of the Convention or of Article 2 of Protocol No. 4 to the Convention. They submitted that the refusal of the Supreme Court of Cassation on 26 June 2012 to allow the second applicant’s travel was in strict application of the law, as well as... | 11 |
117. The Government separated three periods as regards the applicant’s long‑stay visits: between 31 October and 5 November 2008 and between 24 January 2013 and 17 August 2015; between 17 August 2015 and 22 August 2016; and between 9 August 2016 and 1 January 2017. The Government submitted that for the first period the... | 11 |
71. The applicant complained that the respondent State, owing to the failure of the domestic courts to secure the accused’s attendance, had failed to protect the right to respect for his private and family life, including his reputation, which had been damaged by the article published in the newspaper. He alleged that... | 11 |
41. The applicant complained that by routing the M04 motorway via her street, which had been unequipped for such a purpose, and by failing to organise the road’s proper environmental monitoring and management, the Krasnodon municipal authorities had breached her right to enjoyment of her home and her private and famil... | 11 |
31. The applicant further pointed to the new legislation allowing the establishment of paternity irrespective of the will of the biological father, with the attendant consequences on inheritance cases, as evidence of altered views on such matters. Taken together with the factual relationship between P., on the one han... | 11 |
155. The applicant complained under Article <mask> of the Convention that his confinement in the social care home had violated his rights to home, correspondence and private life on account of the limitation arising from his detention and involuntary medication. Furthermore, under Article 13 of the Convention he compl... | 11 |
77. The applicant made a similar complaint under Article <mask> of the Convention with regard to the following four letters: (1) the letter sent by the applicant to his lawyer on 19 March 2007; (2) the letter sent to the applicant by the Supreme Court on 14 March 2006; and (3-4) the letters sent to the applicant by th... | 11 |
29. The Government maintained, on the contrary, that the dispute did not fall within the scope of the Convention. Article <mask> of the Convention did not safeguard aspirations, yet to be fulfilled, to found a family. Refusing to grant a person prior administrative approval for a possible adoption was not a decision t... | 11 |
40. The applicants complained about their inability to enjoy family life together as a result of the impossibility, for over two and a half years between 29 April 2010 and the time of submitting their application to the Court on 16 November 2012, for the second applicant to leave the country in order to join his mothe... | 11 |
70. The applicant also complained of a discriminatory interference with his right to respect for his private life on the grounds that the potential assistance by a third person would have had the effect of making him dependent on that person and depriving him of his privacy, in breach of Article <mask> of the Conventi... | 11 |
66. The Government conceded that the applicant’s relationship with her adopted children might fall within the scope of Article <mask> of the Convention under the notion of “private life”. They acknowledged that the fact of the children’s existence would always be an important aspect of the applicant’s life history, gi... | 11 |
81. The applicant complained under Article <mask> of the Convention that the wrong reason was given for his discharge from the armed forces and that the reason given carried a stigma which had a negative effect on his future employment prospects. He further complained under Article 13 about the fact that the award of ... | 11 |
27. 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 visits and telephone calls. As regards the latter, the applicant submitted that he had often been under pressure from other inmat... | 11 |
45. The Government argued that the interference with the applicant’s right to respect for family life was justified under paragraph 2 of Article <mask> of the Convention. They essentially stated that the domestic courts had carried out an in-depth examination of the entire family situation and made a balanced and reas... | 11 |
267. The Government argued that extracting the metal fragment would have been not just pointless but impossible. It would not have yielded any useful additional information regarding the circumstances in which M.P. had had recourse to lethal force. Micro-fragments of lead had already been found on the victim's balacla... | 11 |
126. The applicants complained, firstly, that the order for their removal to Kazakhstan had constituted a disproportionate interference with their right to a private and family life. They argued, secondly, that their placement in detention had not been a necessary measure in relation to the aim pursued and that the co... | 11 |
50. The applicants complained that, as a whole, the authorities’ behaviour had amounted to a disproportionate interference with their private and family life because for more than six years they had not been allowed to use their embryos for a new assisted reproduction procedure and had thus lost the possibility to hav... | 11 |
33. The Government noted that the applicant had alleged a violation of the State’s positive obligations under Article <mask> of the Convention. However, what was at stake in the present case was a weighing of the applicant’s interests protected by Article 8 on the one hand and the freedom of the press to disseminate i... | 11 |
22. The applicant contended that the length of the civil proceedings exceeded the “reasonable time” requirement of Article 6 § 1 of the Convention. Moreover, he complained under Article <mask> of the Convention that by delaying the payment of the additional compensation and by unlawfully depriving him of his property,... | 11 |
22. The Government conceded that, on the facts of this application, the existence of, and prosecution of the applicant under, legislation providing for different ages of consent for homosexual and heterosexual activities constituted a violation of Article 14 taken together with Article <mask> of the Convention. The Go... | 11 |
36. The Government pointed out that while the principle of professional secrecy as expressed in the Lawyers Act served to protect the special relationship of confidence between a lawyer and a client, professional secrecy did not protect the lawyer himself against criminal prosecution or measures in connection with suc... | 11 |
114. The Government admitted that the judgment of 12 March 2009 granting the applicant custody of her son remained unenforced. They asserted, however, that the domestic authorities had applied, without undue delay, all the measures provided for by domestic law to have the above judgment enforced. The measures in quest... | 11 |
46. The applicant, being duly represented by a lawyer and having had legal training himself, admittedly failed to complain expressly, before the domestic courts, of a violation of his right to respect for his family life, under Article <mask> of the Convention. However, in the appeal he lodged on 7 March 2006 with the... | 11 |
52. The applicant companies pointed out that the Government had taken nearly three years, following the Constitutional Council's decision of 29 December 1983, to repeal the 1945 ordinance and that the administrative authorities had in the meantime continued to implement regulations which they must have known to be con... | 11 |
88. The applicant Ms Ostrovskaya moved to Russia to follow her extended family. Her parents and husband had died but her sister and her adult son lived permanently in Russia with their families. The Court reiterates that an applicant cannot rely upon the existence of “family life” in relation to adults who do not belo... | 11 |
113. The Government further asserted that the documents confirming the allotment of the plot of land to the applicant were missing from the records of the local council of the village of Bratskoye, that the title to the houses which the applicant and his brother had built on that plot had not been properly registered,... | 11 |
38. The Government submitted that the restriction of the applicant’s right to correspondence had been based on section 13 of the Pre-Trial Detention Act, and had been compatible with Article <mask> of the Convention. In the context of the proportionality test, they emphasised that, even though the applicant had not be... | 11 |
67. The applicant argued that the quashing by the City Court of the judgment of 2 December 2015 ordering V.’s immediate return to Finland had amounted to unlawful and disproportionate interference with his rights under Article <mask> of the Convention, as it had not been necessary in a democratic society. He challenge... | 11 |
42. The applicant also complained that the use of the land next to her house for burials had breached her rights guaranteed by Article <mask> of the Convention, in particular, on account of an elevated risk that her well water would be poisoned and in view that living in the immediate proximity of a functioning cemete... | 11 |
63. The Government accepted that the police officers' entry into the front garden of the applicant's house constituted an interference with her right to respect for her home guaranteed by Article <mask> of the Convention. However, the interference had been in “accordance with the law”. According to the Government, the... | 11 |
46. The Government submitted that the decision ordering the demolition of the house in which the applicants lived was lawful. It had been judicially reviewed and upheld. It was also necessary for the protection of public safety. The national authorities had a wide margin of appreciation to tackle the problem of illega... | 11 |
35. The applicant submitted that, according to the Court’s case-law, Article <mask> of the Convention applied to both the child and the mother, and the right to know one’s origins could not have the effect of simply denying a woman’s interest in remaining anonymous in order to protect her health by giving birth in app... | 11 |
106. The Government denied that the domestic child-care system in any way failed to respect the requirements of Article <mask> of the Convention, pointing out that the child's welfare and need for secure placement was at the heart of the authorities' concerns and that the importance of safeguarding the link between a ... | 11 |
42. The applicant contested the Government's arguments that she had deliberately acted or omitted to bring paternity proceedings within the prescribed time-limit. The applicant argued that she could not be blamed for the fact that she had been given the chance to identify her father only at the age of fifty-two. She h... | 11 |
151. The applicants also relied on Article <mask> of the Convention and Article 1 of Protocol No. 1, complaining about the search conducted at their home on 20 July 2004. They claimed that it had been unlawful, that some of their belongings had been damaged and that the State agents who conducted the search had stolen... | 11 |
114. The Government admitted that there had been interference with the applicant's rights secured by Article <mask> of the Convention and Article 1 of Protocol No. 1, as a result of a temporary occupation of his premises by the consolidated police units, but argued that it had been justified in the circumstances of th... | 11 |
104. The applicant complained under Article <mask> of the Convention that the occupation by federal police units of his estate, which represented the only housing for him and his family, between October 1999 and June 2002, had infringed his right to respect for his home and his private and family life, and had constit... | 11 |
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