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118. The applicant further complained that he had been discriminated against on the basis of his origins because the Constitutional Court had dismissed his constitutional appeal without considering its merits with a simple reference to its Opinion no. Pl. ÚS-st. 21/05. He relied on Article <mask> of the Convention in ...
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12. The applicant complained that the United Kingdom authorities’ refusal to pay him the social security and tax benefits to which he would have been entitled had he been a woman in a similar position, namely Wpt, WMA, WBA and WP constituted discrimination against him on grounds of sex contrary to Article <mask> of th...
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29. The applicant claimed to have been a victim of discrimination on the ground of his sexual orientation in that the Supreme Court, in its decision of 5 December 1996, had denied him the status of “life companion” of the late Mr W. within the meaning of section 14 of the Rent Act, thereby preventing him from succeedi...
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68. The Government submitted, inter alia, that the applicant could not claim compensation for the refusal to grant him French nationality, that he had ceased to be a victim since the 1998 Act was passed and that, in any event, a finding of a violation of Article <mask> of the Convention and of Article 1 of Protocol No...
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43. The applicant complained that the fact that he was not exempt from military service while assuming a function with the Jehovah’s Witnesses which was comparable to those of members of recognised religious societies who were exempt from military service constituted discrimination on the ground of his religion, prohi...
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67. The Government asserted that it is not for the Court to determine the domestic legislation that should be applied to a particular case. Thus, the legal issue in the present case is to assess whether the Madrid High Court of Justice’s ruling, declaring that additional provision no. 10 (2) of Law no. 30/1981 was not...
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161. The applicant submitted that her husband was killed because he was a Kurd and, although not politically involved, he was sympathetic to the democratic demands of the Kurds. He was thus, contrary to the prohibition contained in Article <mask> of the Convention, a victim of discrimination on grounds of national ori...
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24. The applicant complained that contrary to Article <mask> of the Convention read together with Article 1 of Protocol No.1 persons unable to report facts because they were unaware of them were treated differently under section 71 of the 1992 Act from those who were unable to report facts for some other reason. In th...
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45. The applicant submitted that the Government did not deny that the pension rules in force at the relevant time discriminated against married women and considered that there was no reasonable relationship of proportionality between the means employed and the aim sought to be realised, namely to avoid the undesirable...
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211. The applicant complained of a violation of Article <mask> of the Convention, taken in conjunction with Article 10, as the CyBC had not been subjected to the same restrictions. In particular, in view of the legal provisions applicable at the material time, the CybC was not monitored by the CRTA and subjected to fi...
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13. The applicant complained that the United Kingdom authorities’ refusal to pay him the social security and tax benefits to which he would have been entitled had he been a woman in a similar position, namely Widow’s Payment (“Wpt”), Widow’s Bereavement Allowance (“WBA”) and Widow’s Pension (“WP”) constituted discrimi...
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83. The applicant complained under Article <mask> of the Convention, read together with Article 8, that he had been treated differently, without justification, from both a foreign criminal sentenced to less than four years’ imprisonment, who could benefit from the exceptions in paragraphs 399 and 399A of the Immigrati...
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154. The applicant complained under Article 6 § 1 of the Convention that he had been denied access to court, as his contact rights had been determined by social work centres and not by the courts. Further, he alleged under Article <mask> of the Convention that he had been discriminated against on the grounds that he a...
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64. The applicants also complained under Article <mask> of the Convention taken together with Article 6 that they had been subjected to discrimination on the ground that the domestic law exempted State authorities from the obligation to observe time-limits for bringing actions in the interest of the State, while at th...
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32. The applicant contested the Government’s view, stating that it was sufficient to raise the alleged violations in substance, which she had done in the domestic proceedings. In contrast, it was not necessary to refer explicitly to the relevant Convention Articles before the domestic authorities. The applicant assert...
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57. The applicant further complained, under Article <mask> of the Convention, that he had been discriminated against based on his profession, in so far as the only reason why the Romanian courts denied him the return of his child was the fact that he belonged to the military forces. Lastly, invoking Article 17 of the ...
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88. The Government argued that in the instant case no provisions, acts or omissions of the public authorities had exposed the applicants to treatment less favourable than that to which other persons in an analogous situation would have been subjected. There was no indication that their treatment had been based on any ...
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78. The applicant also complained: (a) under Article 1 of Protocol No. 1 to the Convention, that his right to peacefully enjoy his property had been violated in that he had been forced to change the place of residence to search for another job and thus had to leave his property in Montenegro; and (b) under Article <ma...
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14. The applicant complained that the United Kingdom authorities’ refusal to pay him the social security and tax benefits to which he would have been entitled had he been a woman in a similar position, namely Widow’s Payment (“Wpt”), Widowed Mother’s Allowance (“WMA”), Widow’s Bereavement Allowance (“WBA”) and Widow’s...
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36. The applicant complained that his continued imprisonment following the recommendation of the Parole Board on 25 March 2002 that he be released on licence violated his rights under Article 5 taken together with Article <mask> of the Convention. He argued that the requirement that prisoners serving determinate sente...
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48. The applicants indicate that these acts are not in themselves discriminatory. Rather, the situation at issue is a continued one, since, according to the applicants, the authorities could have taken measures at any time, and particularly at the beginning of each school year, to provide them with adequate education ...
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97. The applicant complained that the State failed to protect her from sexual abuse by a teacher in her national school and that she did not have an effective remedy against the State in that regard. She relied on Article 3 (alone and in conjunction with Article 13), Article 8, Article 2 of Protocol No. 1 as well as t...
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11. The applicant complained that the United Kingdom authorities’ refusal to pay him the social security and tax benefits to which he would have been entitled had he been a woman in a similar position, namely Widow’s Payment (“Wpt”), Widowed Mother’s Allowance (“WMA”), Widow’s Bereavement Allowance (“WBA”) and Widow’s...
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89. The Government submitted that, as there was no “right” within the meaning of Article 6, there was equally no possession within the meaning of Article 1 of Protocol No. 1. Consequently, neither Article 1 of Protocol No. 1 nor Article <mask> of the Convention had any application to the case. Were the Court to hold o...
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45. The applicants complained that the enactment of Law no. 296/2006 and its application to their cases constituted an unjustified interference with their possessions. Moreover, it was arbitrary since it created a disparity in treatment between people who had chosen to work in Switzerland and those who had remained in...
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37. The applicant complained under Articles 9 and 10 of the Convention about the Bolu public prosecutor’s assessment that there had existed a factual basis for the content of the article. In this connection, the applicant contended that the domestic authorities had refrained from providing judicial protection on accou...
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30. The applicant further complained, for the first time in his written observations dated 19 May 2005, that his right of access to a court had been infringed because he had been unable to lodge an appeal on points of law (revizija) owing to the change in legislation governing civil procedure which had raised the stat...
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56. The applicant complained that he had been discriminated against by the Ukrainian authorities, who did not take into account his state of health because he was a Belarusian national and his extradition was conducted under the Minsk Convention. He considered that had he been a national of a country which is party to...
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109. The applicant submitted that his son had worked as a plumber and, as the eldest of ten children, had contributed significantly to his family’s upkeep. He claimed 12,300 euros (EUR) on behalf of the beneficiaries of the estate of Mehmet Şah Şeker, and on behalf of himself, for loss of earnings over five years and ...
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38. The applicants claimed that they had been discriminated against as a different-sex couple, as they had no possibility of entering into a registered partnership, an institution they preferred to marriage. The Court therefore has to examine first whether, for the purpose of Article <mask> of the Convention, the appl...
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77. The Government argued that the situation of the applicants, whose rights stemmed from an expropriation enforced in the former GDR, could not be compared to that of the Government, which had succeeded to rights based on a policy of providing redress for injustice committed under the National Socialist regime. Accor...
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40. The applicant complained under Article <mask> of the Convention, in conjunction with Articles 5 and 6 of the Convention, that he had been discriminated against on the basis of his ethnic origin. He further alleged under Article 18 of the Convention that the respondent State had applied restrictions on the exercise...
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16. The applicants complain under Article <mask> of the Convention in conjunction with Article 1 of Protocol No. 1 to the Convention of the exceptional situation which was favourable to the State as a result of the difference between the rate of interest payable on debts owed to the State (around 84% per annum) and th...
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59. The applicant complained that the stopping of the payment of his YPA military pension for a period of thirteen months, after he had changed his place of residence to Serbia, had been arbitrary and discriminatory. He relied on Article 1 of Protocol No. 1, taken alone and in conjunction with Article <mask> of the Co...
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27. The applicant stressed that, in so far as it had been called upon to rule as the court of last instance, the Court of Cassation had been required to request a preliminary ruling where there was doubt as to the interpretation of Community law. The applicant submitted that he had cited the case-law in which the CJEU...
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108. The Government submitted, relying on the Court’s case-law in Raviv v. Austria, no. 26266/05, 13 March 2012, that the applicant had never paid any contributions to a pension fund in Croatia and therefore he was not in the same position as other pension beneficiaries who had been paying contributions in Croatia. Th...
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151. The applicants complained that the temporary suspension of and amendments to the Denationalisation Act and the Act on Implementation of Penal Sanctions, the State Bonds Act and the Constitutional Court's decisions of 16 July 1998 and 22 February 2001 violated their right to a fair trial guaranteed under Article 6...
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17. The applicant complained under Article 6 § 1 of the Convention that he had been denied a fair hearing by an independent and impartial tribunal as the Supreme Military Administrative Court had been composed of military judges. He further argued under Article <mask> of the Convention and Article 1 of Protocol No. 12...
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31. The Government asserted that the applicant had failed to exhaust domestic remedies as required by Article 35 § 1 of the Convention. In the Government’s view, the applicant had only claimed a violation of the principle of equality (Gleichheitsgrundsatz) under Article 7 § 1 of the Federal Constitution, but had neith...
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11. The applicant complained that the United Kingdom authorities’ refusal to pay him the social security benefit to which he would have been entitled had he been a woman in a similar position, namely Wpt and WMA constituted discrimination against him on grounds of sex contrary to Article <mask> of the Convention taken...
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81. The applicant complained that, by imposing on him the maximum prison sentence applicable under domestic law and calculating his prison sentence on the basis of a new law (Law no. 5275), his rights under Articles 5, 6 and 7 of the Convention had been breached. The applicant further complained that Law no. 5816 was ...
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35. The applicant’s primary complaint is that, in the exercise of a right granted by domestic law, he was discriminated against on the grounds, inter alia, of his illegitimate status. The latter is a concept covered by Article <mask> of the Convention (see Marckx v. Belgium, 13 June 1979, Series A no. 31, and Inze v. ...
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122. The applicant complained, citing Articles 5 § 4 and 13 of the Convention, that there had been no effective remedy available for his complaints. He also cited Article 6 §§ 1 and 2 of the Convention, reiterating his arguments cited above, and Article <mask> of the Convention, arguing that he had been discriminated ...
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43. The applicant complained under Article <mask> of the Convention taken in conjunction with Article 8 that he had been discriminated against in that, for the purposes of an access arrangement, his biological tie with A. had not been accepted as constituting “family life”, whereas the existence of “family life” was a...
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21. The applicants claimed to be victims of discrimination on the ground of sexual orientation in that the Administrative Court in its decision of 4 October 2001 upheld that the insurance cover of the second applicant only extended to heterosexual partners within the meaning of section 56(6) CSSAIA. They relied on Art...
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168. The applicants complained that they had been discriminated against in the enjoyment of their Convention rights, because the violations of which they complained had taken place because of their being resident in Chechnya and their ethnic background as Chechens, which was contrary to Article <mask> of the Conventio...
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52. The Government submitted that the applicant could not be considered to be in an analogous situation for the purposes of Article <mask> of the Convention to the persons with whom he sought comparison. In their view, the crucial factor was not the legal ground on which the declaration of his paternity was based, but...
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21. The applicant complained that the decision of the District Court not to appoint, of its own motion, defence counsel for him for the first-instance proceedings before it, breached his right to a fair trial, in particular the principle of equality of arms and the right to free legal assistance. He relied on Article ...
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85. The applicant complained that the ill-treatment he suffered and the refusal of the military prosecutor to indict the police officers responsible for the ill-treatment was in substantial part due to his Roma ethnicity, and therefore inconsistent with the requirement of non-discrimination laid down by Article 14 tak...
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46. The Government contested that argument. Firstly, they pointed out that a difference in treatment did exist between persons in pre-trial detention and convicted prisoners with respect to their right to conjugal visits, but that such a difference was “prescribed by law” (see paragraphs 24-26 above). They further con...
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218. The Government submitted that no issues arose under Article <mask> of the Convention as there were no violations of the other Articles relied on by the applicants. In any event, the applicants had not been subjected to discriminatory treatment, because the military actions in Lachin had been aimed merely at openi...
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50. The applicant contended that the different treatment of different categories of prisoners depending on the sentences imposed was based on “other status” within the meaning of Article <mask> of the Convention. He contested the Government's submission that only a status which met the requirement of being obviously a...
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50. The applicant complained under Article 6 § 1 of the Convention of an unfair hearing and the outcome of the proceedings in her cases. The applicant further complained that the failure of the courts to consider her complaints within a reasonable time and to award her appropriate compensation violated her rights unde...
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49. The applicant also complained under Article <mask> of the Convention and Article 1 of Protocol No. 1 that he was unable to obtain a favourable judgment in his case and that other clean-up workers of the Chernobyl nuclear accident site were paid disability pensions. However, having regard to all the material in its...
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16. The applicant complained that the national authorities’ refusal to allow her to bear only her maiden name after her marriage, despite the fact that she had submitted the Court’s judgment on the same topic (Ünal Tekeli, cited above) to the domestic courts in support of her request, had amounted to a breach of Artic...
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40. The applicant complained that the fact that he was not exempt from military service while assuming a function with the Jehovah’s Witnesses which was comparable to those of members of recognised religious societies who were exempt from military service constituted discrimination on the ground of his religion, prohi...
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66. The applicant further complained that he had been a victim of discriminatory treatment in breach of Article <mask> of the Convention taken in conjunction with Article 8. He submitted in particular that the German courts, in requiring a common proposal of the parents to be granted the joint exercise of parental aut...
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36. The applicant argued that the nationalisation and destruction of her late mother's property were flagrant and continuous breaches of her property rights. She also claimed that the decision of 25 September 1992 and the judgment of 3 April 1996 restored her property rights and entitled her to the return of the plot ...
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50. The applicants submitted that the present case should also be considered from the point of view of the equal treatment, enshrined in Article <mask> of the Convention, between married and unmarried couples. They pointed out, in support of that submission, that the draft revision of the European Convention on the Ad...
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132. The Government argued that having regard to the content of Ms M.’s letter of 1 March 2006 addressed to the Court in which she had stated that she complained only on her son’s behalf, she was no longer an applicant and therefore could no longer claim to be a victim of the violation of her Convention rights guarant...
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39. The Government submitted that the proceedings in issue did not concern a right guaranteed by Article 1 of Protocol No. 1 and, consequently, fell outside the scope of Article <mask> of the Convention. Relying, inter alia, on Gaygusuz v. Austria (judgment of 16 September 1996, Reports of Judgments and Decisions 1996...
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22. The applicant complains that the national authorities’ refusal to allow her to bear only her maiden name after her marriage amounted to a breach of Articles 6, 8 and 46 of the Convention. She also contends that the fact that Turkish law allows married men to bear their own surname after marriage and not married wo...
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87. The applicants complained that the Law of 4 March 2002, by setting up a specific liability system, had created an unjustified inequality of treatment between the parents of children whose disabilities were not detected before birth on account of negligence and the parents of children disabled on account of some ot...
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195. The applicant alleged discrimination, contrary to Article <mask> of the Convention combined with Article 2, due to her husband’s origins, as only Turkish citizens of Kurdish origin regularly suffered unlawful killings. She averred that there was an administrative, discriminatory practice on grounds of race in the...
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31. The applicant complained that he had been denied an old-age pension between November 1998 and April 2003 on the grounds that he had not had Slovenian citizenship, one of the requirements under section 2(1)(4) of the 1998 Act. He relied on Article <mask> of the Convention taken in conjunction with Article 1 of Prot...
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80. The applicant further argued that the ban on wearing clothing designed to conceal the face in public, which undoubtedly targeted the burqa, generated discrimination in breach of Article <mask> of the Convention on grounds of sex, religion and ethnic origin, to the detriment of Muslim women who, like her, wore the ...
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35. The applicant complained that the refusal to grant her a survivor’s pension, on the ground that her marriage solemnised according to the rites of the Roma minority to which she belonged had no civil effects, infringed the principle of non-discrimination recognised by Article <mask> of the Convention taken in conju...
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22. The applicant complained under Article 6 § 1 taken alone and in conjunction with Article <mask> of the Convention that the proceedings giving rise to the final decision of 28 January 2003 were unfair, in particular in so far as the same Court of Appeal adopted conflicting decisions in identical cases brought again...
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38. The applicant complained that the fact that he was not exempt from military service while assuming a function within a religious community which was comparable to that of members of recognised religious societies who were exempt from military service constituted discrimination on the ground of his religion prohibi...
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95. The applicant submitted that the Federal Hunting Act discriminated against him in two ways. Firstly, he was discriminated against vis-à-vis owners of real property which did not belong to a hunting district, such as enclaves, which were not subject to hunting rights. Secondly, the relevant provisions discriminated...
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30. The Government referred to paragraph 53 of the Stec and Others v. the United Kingdom judgment ([GC], no. 65731/01, ECHR 2006‑VI) and did not dispute the fact that if a State decided to set up a benefits or pension scheme it must do so in a manner compatible with Article <mask> of the Convention. They noted, howeve...
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96. The applicants in application no. 29381/09 claimed 10,000 euros (EUR) jointly in respect of the non-pecuniary damage they had allegedly sustained on account of the violation of Article <mask> of the Convention taken in conjunction with Article 8 and the lack of an effective remedy in that regard. They also request...
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58. The applicant complained that the fact that he was not exempt from military service while assuming a function with the Jehovah’s Witnesses which was comparable to those of members of recognised religious societies who were exempt from military service constituted discrimination on the ground of his religion prohib...
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44. The applicant complained about the refusal to grant him a retirement pension because, in spite of the integration of protestant ministers in the general Social Security scheme, he had been unable to use his years of service as a minister to make up the minimum period of contributions required in order to qualify f...
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54. The applicant churches contested in particular the Government’s contention that Article <mask> of the Convention was inapplicable because the right to provide religious education in public schools and nurseries and the right to the official recognition of religious marriages were outside the scope of Article 9 of ...
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41. The applicants relied on Article <mask> of the Convention and Article 1 of Protocol No. 1 to the Convention, claiming that they had been initially unlawfully deprived of their pension and that this deprivation had occurred for political reasons because they had left the USSR for a “capitalist country”, whereas ci...
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40. The Government submitted that since citizenship was not a right covered by the Convention differential treatment based on illegitimate status could not violate Article <mask> of the Convention. As to any distinction based on sex, according to the Government this protection only applied to persons claiming discrimi...
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27. The applicant also complained under Article <mask> of the Convention that certain other litigants obtained higher awards in similar cases and under Article 6 § 1 that the conduct of the judicial authorities handling his requests for re-opening of the proceedings was unlawful. Finally, the applicant invoked Article...
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104. The applicant claimed, firstly, 1,423 euros (EUR) in respect of the pecuniary damage caused by the violation of Article <mask> of the Convention taken in conjunction with Article 1 of Protocol No. 1. She submitted that that sum corresponded to 1,000 Latvian lati (LVL), the difference between the retirement pensio...
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35. The applicant did not claim a right to adopt, which – irrespective of the sexual orientation of the prospective adoptive parent – did not exist. Nevertheless, she submitted that Article <mask> of the Convention, taken in conjunction with Article 8, was applicable to the present case. Firstly, the opportunity or ch...
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75. The applicant further relied on Article <mask> of the Convention and complained that she had been discriminated against, as an individual farmer, in that the agricultural property to which she was entitled had not been returned to her, that it had been used by a cooperative, and that she had been obliged to seek t...
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95. The applicants complained that the Law of 4 March 2002, by setting up a specific liability system, had created an unjustified inequality of treatment between the parents of children whose disabilities were not detected before birth on account of negligence and the parents of children disabled on account of some ot...
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41. The applicant complained under Article 6 § 1 of the Convention that he had not been duly reminded of his rights under Article 135 (3) of the former Code of Criminal Procedure to request a lawyer during police custody and that he had not been provided with the assistance of a lawyer during his questioning at the Is...
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16. The applicants complained under Article <mask> of the Convention, read in conjunction with Article 8 of the Convention, of discrimination due to differing visiting rights set out in the Code until 2014 in respect of male and female life prisoners. The first applicant also referred to Article 1 of Protocol No. 12 t...
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83. The applicant also claimed to be the victim of discrimination in breach of Article <mask> of the Convention taken in conjunction with Article 1 of Protocol No. 1 and Article 6 § 1 of the Convention because, unlike many of his co‑workers, he had been unable to purchase the flat he was leasing and his case had not b...
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46. The applicants complain of discrimination of the facts of the conditions of their schooling during the 2008-2009 and 2009-2010 school years: they had been schooled in a school situated in a prefabricated building, attended only by children of their community and offering an inferior level of study to that of other...
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55. The applicants maintained that the Roma communities faced an institutional racist bias, manifested throughout police policies and procedures aimed at their communities. They argued that the police intervention plan of 15 December 2011 had clearly shown that the raid had been intended against the Roma community, wh...
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35. The applicant complained under Articles 6 § 1 and 13 of the Convention of the unfairness and outcome of the proceedings. In his initial submissions he also complained under Article 1 of Protocol No. 1 of the violation of his property rights since he had not been provided with the apartment. He also invoked Article...
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49. The applicant complained that the extensive restrictions imposed on her property were tantamount to unlawful de facto expropriation of her property and/or disproportionate control of its use without compensation, contrary to Article 1 of Protocol No. 1. She further complained of a violation of Article <mask> of th...
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47. The applicants complained of their conditions of detention at the Aghios Savvas Hospital in Korydallos Prison, their “ghettoisation” in a separate wing of that hospital, and the failure of the authorities to consider whether those conditions were compatible with their state of health. They alleged a violation of A...
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19. The applicant complained that, by refusing her compensation for non-pecuniary damage in connection with the death of her partner, the domestic authorities showed lack of respect for her private and family life. The Court decided also to examine that complaint from the standpoint of Article 1 of Protocol No. 1, rea...
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54. The applicant submitted that the domestic authorities had established his liability to pay the tax on the basis of an imprecise and unforeseeable provision and without a proper assessment of the particular circumstances of his case. Moreover, they had failed to make any assessment of proportionality of the interfe...
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107. The applicant lastly complained under Article <mask> of the Convention that during his detention the police officers had made disparaging statements about his Tatar ethnic origin and that the prosecutor had neglected to investigate this matter. The Court reiterates that discrimination on account of one's ethnic o...
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13. The applicant complained that the United Kingdom authorities’ refusal to pay him the social security and tax benefits to which he would have been entitled had he been a woman in a similar position, namely Widow’s Payment (“Wpt”), Widowed Mother’s Allowance (“WMA”), Widow’s Bereavement Allowance (“WBA”) and Widow’s...
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26. The applicants complained under Article <mask> of the Convention, in conjunction with Article 1 of Protocol No. 1, of the exceptional situation which was favourable to the State as a result of the difference between the rate of interest payable on debts owed to the State and the rate of interest on overdue State d...
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285. The Government first maintained that, as the applicants’ claims were incompatible ratione materiae with the provisions of Article 1 of Protocol No. 1 (see paragraphs 119-128 above), Article <mask> of the Convention was not applicable. This concerned, in particular, the right to purchase a dwelling, as the right t...
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105. The applicant submitted that, because of her and her family's Kurdish origins, the various alleged violations of their Convention rights also gave rise to a breach of Article <mask> of the Convention. She maintained that the case-law of the Commission and the Court clearly showed the inadequacy of investigations ...
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32. The Government submitted that the reason why the Court, in Chassagnou and Others, cited above, had found a violation of Article 1 of Protocol No. 1 taken alone and in conjunction with Article <mask> of the Convention had been that the system instituted by the Loi Verdeille had not allowed small landowners who were...
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11. The applicant complained that the United Kingdom authorities’ refusal to pay him the social security and tax benefits to which he would have been entitled had he been a woman in a similar position, namely Widow’s Payment (“Wpt”), Widowed Mother’s Allowance (“WMA”), Widow’s Bereavement Allowance (“WBA”) and Widow’s...
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40. The Government observed that, according to the judgment of 23 July 1968 in the Case “relating to certain aspects of the laws on the use of languages in education in Belgium” (merits) (Series A no. 6), the equality of treatment enshrined in Article <mask> of the Convention is violated only where a distinction has n...
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