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128 | K.U. v. Finland | 2 December 2008 | This case concerned an advertisement of a sexual nature posted about a 12-year old boy on an Internet dating site. Under Finnish legislation in place at the time7, the police and the courts could not require the Internet provider to identify the person who had posted the ad. In particular, the service provider refused ... | The Court held that there had been a violation of Article 8 (right to respect for private and family life) of the Convention. It considered that posting the ad was a criminal act which made a minor a target for paedophiles. The legislature should have provided a framework for reconciling the confidentiality of Internet... | New technologies | Internet | [
"I. THE CIRCUMSTANCES OF THE CASE",
"6. The applicant was born in 1986.",
"7. On 15 March 1999 an unidentified person or persons placed an advertisement on an Internet dating site in the name of the applicant, who was 12 years old at the time, without his knowledge. The advertisement mentioned his age and year ... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"15. The Finnish Constitution Act ( Suomen hallitusmuoto, Regeringsform för Finland; Act no. 94/1919, as amended by Act no. 969/1995) was in force until 1 March 2000. Its section 8 corresponded to Article 10 of the current Finnish Constitution ( Suomen perustuslaki, Finla... | technology_data |
165 | K.H. and Others v. Slovakia | 28 April 2009 | The applicants, eight women of Roma origin, could not conceive any longer after being treated at gynaecological departments in two different hospitals, and suspected that it was because they had been sterilised during their stay in those hospitals. They complained that they could not obtain photocopies of their medical... | The Court held that there had been a violation of Article 8 (right to private and family life) of the Convention in that the applicants had not been allowed to photocopy their medical records. It found that, although subsequent legislative changes compatible with the Convention had been introduced, that had happened to... | Health | Access to personal medical records | [
"I. THE CIRCUMSTANCES OF THE CASE",
"6. The applicants are eight female Slovakian nationals of Roma ethnic origin.",
"A. Background to the case",
"7. The applicants were treated at gynaecological and obstetrics departments in two hospitals in eastern Slovakia during their pregnancies and deliveries. Despite c... | [
"II. RELEVANT DOMESTIC LAW",
"A. Code of Civil Procedure",
"28. Article 3 guarantees to everyone the right to seek judicial protection of a right which has been placed in jeopardy or violated.",
"29. Under Article 6, courts shall proceed with a case in cooperation with the parties in a manner permitting the s... | health_life |
166 | K.H. and Others v. Slovakia | 28 April 2009 | The applicants, eight women of Roma origin, could not conceive any longer after being treated at gynaecological departments in two different hospitals, and suspected that it was because they had been sterilised during their stay in those hospitals. They complained that they could not obtain photocopies of their medical... | The Court held that there had been a violation of Article 8 of the Convention in that the applicants had not been allowed to photocopy their medical records. It considered in particular that persons who, like the applicants, wished to obtain photocopies of documents containing their personal data, should not have been ... | Personal data protection | Access to personal data | [
"I. THE CIRCUMSTANCES OF THE CASE",
"6. The applicants are eight female Slovakian nationals of Roma ethnic origin.",
"A. Background to the case",
"7. The applicants were treated at gynaecological and obstetrics departments in two hospitals in eastern Slovakia during their pregnancies and deliveries. Despite c... | [
"II. RELEVANT DOMESTIC LAW",
"A. Code of Civil Procedure",
"28. Article 3 guarantees to everyone the right to seek judicial protection of a right which has been placed in jeopardy or violated.",
"29. Under Article 6, courts shall proceed with a case in cooperation with the parties in a manner permitting the s... | technology_data |
189 | Volodina v. Russia | 14 September 2021 | This case concerned the applicant’s allegation that the Russian authorities had failed to protect her against repeated acts of cyberharassment. She submitted, in particular, that her former partner had used her name, personal details and intimate photographs to create fake social media profiles, that he had planted a G... | The Court held that there had been a violation of Article 8 (right to respect for private life) of the Convention, finding that the Russian authorities had failed to comply with their obligations under that provision to protect the applicant from severe abuse. It noted, in particular, that, despite having the legal too... | New technologies | Online harassment | [
"2. The applicant is Ms Valeriya Igorevna Volodina; she is a Russian national who was born in 1985 and lives in an undisclosed location in Russia. In 2018, fearing for her safety, she obtained a legal change of name (see Volodina v. Russia, no. 41261/17, § 39, 9 July 2019). Her old name is used in the judgment to p... | [
"RELEVANT LEGAL FRAMEWORK",
"United nations",
"22. The 2015 report by the UNESCO-ITU Broadband Commission for Digital Development’s Working group on Broadband and Gender, “Cyberviolence against Women and Girls: A World-wide Wake-up Call” [1], observes that “violence online and offline, or ‘physical’ violence ag... | technology_data |
235 | Ruotsalainen v. Finland | 16 June 2009 | The applicant was running his van on fuel that was more leniently taxed than the diesel oil he should have been using, without paying the extra tax. He was fined the equivalent of about 120 euros for petty tax fraud, through a summary penal order. In subsequent administrative proceedings he was ordered to pay about 15,... | The Court held that had been a violation of Article 4 (right not to be tried or punished twice) of Protocol No. 7 to the Convention. It firstly noted that both sanctions imposed on the applicant had been criminal in nature: the first set of proceedings having been criminal according to the Finnish legal classification;... | Taxation and the European Convention on Human Rights | Right not to be tried or punished twice (Article 4 of Protocol No. 7) | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1969 and lives in Lapinlahti.",
"6. While driving his pickup van on 17 January 2001, the applicant was stopped by the police during a road check. The police discovered a more leniently taxed fuel than diesel oil in the tank of the van.",
"7. On... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"16. The Finnish system relating to the use as motor fuel of more leniently taxed oil than diesel oil is based on two main elements. First, the owners or users of motor vehicles are obliged to give prior notice to the authorities of their intention to use such fuel as mot... | economy_labour |
238 | Khmel v. Russia | 12 December 2013 | At the time of the facts, the applicant was a member of the Murmansk regional legislature. He was taken to a police station on suspicion of drunk driving. He refused to give his name, behaved in an unruly manner and would not leave the building when asked to do so. The police chief invited television crews to the stati... | The Court held that there had been a violation of Article 8 (right to respect for private life) of the Convention, as in the absence of the applicant’s consent, the release of the video recording to the regional television had been in flagrant breach of the domestic law. The interference with the applicant’s right to r... | Right to the protection of one’s image | Persons arrested or under criminal prosecution | [
"I. THE CIRCUMSTANCES OF THE CASE",
"4. The applicant was born in 1960 and lives in Murmansk. At the material time the applicant was an elected member of the Murmansk regional legislature ( the “ Murmansk Duma”).",
"A. The applicant ’ s apprehension and subsequent events",
"5. At about 1.30 p.m. on 27 April 2... | [
"II. RELEVANT DOMESTIC LAW",
"A. Code of Administrative Offences of the Russian Federation",
"29. The relevant provisions of the Code of Administrative Offences (in force at the material time) read as follows :",
"Article 12.26 : Driver ’ s refusal to take an alcohol test",
"“ Refusal by a driver of a lawfu... | technology_data |
476 | Delfi AS v. Estonia | 16 June 2015 (Grand Chamber) | This was the first case in which the Court had been called upon to examine a complaint about liability for user-generated comments on an Internet news portal. The applicant company, which runs a news portal run on a commercial basis, complained that it had been held liable by the national courts for the offensive comme... | The Court held that there had been no violation of Article 10 (freedom of expression) of the Convention, finding that the Estonian courts’ finding of liability against the applicant company had been a justified and proportionate restriction on the portal’s freedom of expression, in particular, because: the comments in ... | New technologies | Internet | [
"I. THE CIRCUMSTANCES OF THE CASE",
"10. The applicant company is a public limited liability company ( aktsiaselts ), registered in Estonia.",
"A. Background to the case",
"11. The applicant company is the owner of Delfi, an Internet news portal that published up to 330 news articles a day at the time of the ... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"33. The Constitution of the Republic of Estonia ( Eesti Vabariigi põhiseadus ) provides as follows.",
"Article 17",
"“ No one ’ s honour or good name shall be defamed. ”",
"Article 19",
"“ 1. Everyone has the right to free self-realisation.",
"2. Everyone shall... | technology_data |
486 | García Mateos v. Spain | 19 February 2013 | This case concerned a supermarket employee, who asked for a reduction in her working time because she had to look after her son, who was then under six years old. The applicant complained that her right to a fair hearing within a reasonable time had been breached and that she had suffered discrimination on grounds of s... | The Court held that there had been a violation of Article 6 § 1 (right to a fair hearing within a reasonable time) combined with Article 14 (prohibition of discrimination) of the Convention. It found that the violation of the principle of non-discrimination on grounds of sex, as established by the Spanish Constitutiona... | Work-related rights | Reconciling professional and family life | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1965 and lives in Perales Del Río (Madrid).",
"6. At the material time she worked full-time in a hypermarket, mornings or afternoons, from Monday to Saturday",
"7. On 26 February 2003, relying on Article 37 § 5 of the Labour Regulations, the ap... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"...",
"1 8. The relevant provisions of the Institutional Law on the Constitutional Court read as follows:",
"...",
"Article 55",
"“1. A judgment granting constitutional protection ( amparo ) shall contain one or more of the following pronouncements:",
"(a) a de... | economy_labour |
581 | D. v. the United Kingdom | 2 May 1997 | The applicant, originally from St Kitts (in the Caribbean), was arrested for cocaine possession upon his arrival in the United Kingdom and was sentenced to six years’ imprisonment. It was discovered that he suffered from AIDS. Before his release, an order was made for his deportation to St Kitts. He claimed that his de... | The Court emphasised that aliens who had served their prison sentences and were subject to expulsion could not, in principle, claim any entitlement to remain in the territory of a Convention State in order to continue to benefit from medical, social or other forms of assistance provided by the expelling State during th... | Health | Deportation of seriously ill persons | [
"I. Particular circumstances of the case",
"A. The applicant",
"6. The applicant was born in St Kitts and appears to have lived there most of his life. He is one of seven children. One sister and one brother moved to the United States in the 1970s and the rest of the family appears to have followed at unspecifi... | [
"II. Relevant domestic law and practice",
"22. The regulation of entry into and stay in the United Kingdom is governed by Part 1 of the Immigration Act 1971. The practice to be followed in the administration of the Act for regulating entry and stay is contained in statements of the rules laid by the Secretary of ... | health_life |
583 | N. v. the United Kingdom | 27 May 2008 (Grand Chamber) | The applicant, a Ugandan national, was admitted to hospital days after she arrived in the UK as she was seriously ill and suffering from AIDS-related illnesses. Her application for asylum was unsuccessful. She claimed that she would be subjected to inhuman or degrading treatment if made to return to Uganda because she ... | The Court noted that the United Kingdom authorities had provided the applicant with medical treatment during the nine years it had taken for her asylum application and claims to be determined by the domestic courts and the Court. The Convention did not place an obligation on States parties to account for disparities in... | Health | Deportation of seriously ill persons | [
"I. THE CIRCUMSTANCES OF THE CASE",
"8. The applicant was born in Uganda in 1974. She currently lives in London.",
"9. The applicant entered the United Kingdom on 28 March 1998 under an assumed name. She was seriously ill and was admitted to hospital, where she was diagnosed as HIV-positive with “considerable i... | [
"THE LAW",
"I. ADMISSIBILITY OF THE COMPLAINTS",
"20. The applicant complained that, given her illness and the lack of freely available antiretroviral and other necessary medical treatment, social support or nursing care in Uganda, her removal there would cause acute physical and mental suffering, followed by a... | health_life |
585 | Paposhvili v. Belgium | 13 December 2016 (Grand Chamber) | This case concerned an order for the applicant’s deportation to Georgia, issued together with a ban on re-entering Belgium. The applicant, who suffered from a number of serious medical conditions, including chronic lymphocytic leukaemia and tuberculosis, alleged in particular that substantial grounds had been shown for... | The Court held that there would have been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the Convention if the applicant had been removed to Georgia without the Belgian authorities having assessed the risk faced by him in the light of the information concerning his state of health and the e... | Health | Deportation of seriously ill persons | [
"I. THE CIRCUMSTANCES OF THE CASE",
"10. The applicant was born in 1958. He lived in Brussels and died there on 7 June 2016.",
"11. He arrived in Belgium via Italy on 25 November 1998, accompanied by his wife and a six-year-old child. The applicant claimed to be the father of the child, an assertion which the G... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. Regularisation procedures",
"1. Regularisation on exceptional grounds",
"92. In order to be allowed to remain in Belgium for more than three months, aliens must normally obtain permission before arriving in the country. Section 9(2) of the Aliens Act provides:",
... | health_life |
593 | Thlimmenos v. Greece | 6 April 2000 (Grand Chamber) | The executive board of the Greek chartered accountants body refused to appoint the applicant as a chartered accountant – even though he had passed the relevant qualifying exam – on the ground that he had been convicted of insubordination for having refused to wear the military uniform at a time of general mobilization ... | The Court held that there had been a violation of Article 14 (prohibition of discrimination) taken in conjunction with Article 9 (freedom of thought, conscience and religion) of the Convention. States had a legitimate interest to exclude some offenders from the profession of a chartered accountant. However, unlike othe... | Work-related rights | Access to work | [
"I. the circumstances of the case",
"A. The applicant's conviction for insubordination",
"7. On 9 December 1983 the Athens Permanent Army Tribunal ( Diarkes Stratodikio ), composed of one career military judge and four other officers, convicted the applicant, a Jehovah's Witness, of insubordination for having r... | [
"II. relevant domestic law",
"A. Appointment to a chartered accountant's post",
"14. Until 30 April 1993 only members of the Greek Institute of Chartered Accountants could provide chartered accountants' services in Greece.",
"15. Article 10 of Legislative Decree no. 3329/1955, as amended by Article 5 of Presi... | economy_labour |
610 | Marchenko v. Ukraine | 19 February 2009 (Chamber judgment) | In 2001 the applicant, who was a teacher and the head of a trade union in the school where he worked, was given a suspended sentence and a fine for publicly and unfoundedly accusing the director of the school of misappropriating public funds. He complained of his conviction for defamation, as well as of having been fou... | The Court first recalled that the signalling by an employee in the public sector of illegal conduct or wrongdoing in the workplace had to be protected. In the applicant’s case, it first noted that, despite being a union representative acting on a matter of public concern, he had a duty to respect the reputation of othe... | Whistleblowers and freedom to impart and to receive information | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1946 and lives in Pasiky-Zubrytski.",
"A. Events which led to criminal charges against the applicant",
"6. Since 1974 the applicant has worked as a teacher in the Lviv Boarding School no. 6 for Children with Language Disorders (“the School”). I... | [
"II. RELEVANT DOMESTIC LAW",
"1. Criminal Code of 1960",
"30. The text of Article 125 of the Code read as follows:",
"Defamation [ Наклеп ], namely the intentional dissemination of falsehoods aimed at damaging the reputation of another shall be punishable by ...",
"Defamation in print ... shall be punishabl... | technology_data | |
613 | Heinisch v. Germany | 21 July 2011 | This case concerned the dismissal of a geriatric nurse after having brought a criminal complaint against her employer alleging deficiencies in the care provided. The applicant complained that her dismissal and the courts’ refusal to order her reinstatement had violated her right to freedom of expression. | The Court held that there had been a violation of Article 10 (freedom of expression) of the Convention, finding that the applicant’s dismissal without notice had been disproportionate and the domestic courts had failed to strike a fair balance between the need to protect the employer’s reputation and the need to protec... | Work-related rights | Freedom of expression in the employment context | [
"I. THE CIRCUMSTANCES OF THE CASE",
"6. The applicant was born in 1961 and lives in Berlin. She had been working as a geriatric nurse for Vivantes Netzwerk für Gesundheit GmbH (hereinafter referred to as “Vivantes”), a limited liability company specialising in health care, geriatrics and assistance to the elderly... | [
"II. RELEVANT DOMESTIC AND INTERNATIONAL LAW AND PRACTICE",
"A. Relevant domestic law and practice",
"1. Dismissal of an employee for having lodged a criminal complaint against the employer",
"31. Apart from specific legislation with respect to civil servants exposing suspected cases of corruption, German law... | economy_labour |
614 | Langner v. Germany | 17 September 2015 (Chamber judgment) | This case concerned the applicant’s dismissal from his job in a municipal housing office after accusing the deputy mayor of “perversion of justice” both orally at a staff meeting and in subsequent written comments to the applicant’s hierarchical superior. The allegation had been made in relation to a demolition order t... | The Court considered that the applicant’s case was not a “whistle-blowing” case that warranted special protection under Article 10 of the Convention. It noted in particular, in this regard, that instead of addressing his concerns about the deputy mayor’s decision to the mayor or the prosecuting authority, the applicant... | Whistleblowers and freedom to impart and to receive information | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1955 and lives in Pirna.",
"6. The applicant had been employed as head of the sub - division in charge of sanctioning misuse of housing property ( Zweckentfremdung ) in the Housing Office of the Municipality of Dresden since 1993.",
"7. On 9 De... | [
"II. RELEVANT DOMESTIC LAW",
"24. Section 53 of the Collective Agreement for Public Service Employees in the eastern part of Germany ( Bundesangestelltentarifvertrag Ost, BAT-O) provides that an employee, who has worked a minimum period of five years in the public service, may be dismissed with three months ’ not... | technology_data | |
615 | Aurelian Oprea v. Romania | 19 January 2016 (Chamber judgment) | This case concerned proceedings brought against the applicant, an associate professor at the University of Agronomical Sciences and Veterinary Medicine – a State-financed establishment –, for defaming the deputy rector of that university at a press conference. He had in particular criticised him specifically for encour... | The Court did not consider the present case as a whistle-blower case. However, it appreciated that the applicant’s reasons, as presented by the applicant himself, for the impugned statements were relevant for the assessment of the proportionality of the interference in the applicant’s exercise of his freedom of express... | Whistleblowers and freedom to impart and to receive information | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1943 and lives in Bucharest.",
"A. Background to the case",
"6. At the relevant time the applicant was a member of the teaching staff, as associate professor ( “ conferenţiar universitar ” ), of the University of Agronomical Sciences and Veteri... | [
"II. RELEVANT LAW AND PRACTICE",
"36. Under Article 72 of Law no. 128/1997 concerning the status of teaching staff, as in force at the relevant time, an individual cannot cumulate management positions as rector, deputy rector, dean, deputy dean and head of a department or of a research unit.",
"37. Law no. 1/20... | technology_data | |
616 | Soares v. Portugal | 21 June 2016 (Chamber judgment) | As a chief corporal in the National Republican Guard, the applicant had sent an email to the General Inspectorate of Internal Administration alleging that a Commander of a territorial post had been misusing public money. He claimed that his intention had been to prompt an investigation into the allegations, which he ad... | The Court, noting in particular that the applicant’s case had to be distinguished from cases of “whistle-blowing”, an action warranting special protection under Article 10 of the Convention, held that there had been no violation of Article 10 of the Convention in the present case. It considered that the reasons advance... | Whistleblowers and freedom to impart and to receive information | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1957 and lives in Góis.",
"A. Background of the proceedings",
"6. At the relevant time, the applicant was a chief corporal in the National Republican Guard ( Guarda Nacional Republicana ), working at the Góis territorial post.",
"7. On 7 Nove... | [
"II. RELEVANT DOMESTIC LAW",
"A. Relevant provisions of the Portuguese Criminal Code",
"Article 180 § 1",
"“Anyone who, when addressing a third party, accuses another, even if the accusation takes the form of a suspicion, or makes a judgment that casts a slur on the honour or reputation of the other, even whe... | technology_data | |
617 | Medžlis Islamske Zajednice Brčko and Others v. Bosnia and Herzegovina | 27 June 2017 (Grand Chamber judgment) | This case concerned a finding of defamation in civil proceedings against four organisations following the publication of a letter they had written to the highest authorities of their district complaining about a person’s application for the post of director of Brčko District’s multi-ethnic radio and television station.... | In the absence of any issue of loyalty, reserve and discretion, the Court considered that, in the present case, there was no need for it to enquire into the kind of issue which had been central in its case-law on whistle-blowing, namely whether there existed any alternative channels or other effective means for the app... | Whistleblowers and freedom to impart and to receive information | [
"I. THE CIRCUMSTANCES OF THE CASE",
"A. Letter from the applicants to the highest authorities in the Brčko District",
"10. On an unknown date in May 2003 the applicants wrote a letter to the highest authorities of the BD, namely the International Supervisor for BD, the President of the Assembly of BD and the Go... | [
"III. RELEVANT DOMESTIC LAW",
"A. Constitution of Bosnia and Herzegovina",
"39. The Constitution of Bosnia and Herzegovina (Annex 4 to the General Framework Agreement for Peace) entered into force on 14 December 1995. Article II of the Constitution, in so far as relevant, reads as follows:",
"“3. Enumeration ... | technology_data | |
619 | Guja v. the Republic of Moldova | 27 February 2018 (Chamber judgment) | This case concerned the applicant’s allegation that he continued to be victimised as a whistle-blower, despite a previous ruling by the European Court in his favour (see above, Guja v. Moldova, 12 February 2008). Following that judgment, the domestic courts had ordered his reinstatement in his former position. However,... | The Court held that there had been a violation of Article 10 of the Convention, finding that the applicant’s second dismissal had violated his right to freedom of expression, in particular his right to impart information. The Court noted in particular that, despite purporting to abide by its earlier judgment, the Gover... | Whistleblowers and freedom to impart and to receive information | [
"I. THE CIRCUMSTANCES OF THE CASE",
"A. Application no. 14277/04 and the Court ’ s judgment of 12 February 2008",
"5. The applicant was born in 1970 and lives in Sestaci.",
"6. The applicant is a journalist who, at the time of the events, was employed as Head of the Press Department of the Prosecutor General ... | [
"II. RELEVANT DOMESTIC LAW AND NON-CONVENTION MATERIAL",
"A. Relevant domestic law and practice",
"23. Sections 14(8), 28(1)(h) and 28(2) of the Public Service Act, as in force at the material time, provided that personnel such as counsellors, aides, press attachés and secretaries from the President ’ s cabinet... | technology_data | |
620 | Herbai v. Hungary | 5 November 2019 (Chamber judgment) | The applicant was working in the human resources department of a bank and was also contributing to a website which carried general articles about HR practice. The case concerned his dismissal from his job on the grounds that his website articles had breached the bank’s confidentiality standards and infringed its financ... | In the absence of any wrongdoing which the applicant might have sought to uncover, the Court did not find it necessary to enquire into the kind of issues which had been central to its case-law on whistle-blowing, but considered the following elements to be relevant when examining the permissible scope of the restrictio... | Whistleblowers and freedom to impart and to receive information | [
"THE CIRCUMSTANCES OF THE CASE",
"6. The applicant was born in 1974 and lives in Budapest.",
"7. From 2006 the applicant worked as a human resources management expert at Bank O. His tasks included the analysis and calculation of salaries and staffing management. At the material time the applicant ’ s employer i... | [
"RELEVANT DOMESTIC LAW",
"20. Act no. XXII of 2012 on the Labour Code, in force at the material time, provided as follows:",
"Article 3",
"“(5) In the employment relationship, employees shall not engage in any conduct which would jeopardise the legitimate economic interests of the employer, unless so authoris... | technology_data | |
621 | Herbai v. Hungary | 5 November 2019 | This case concerned the applicant’s dismissal from his job in human resources in a bank owing to his involvement with a website devoted to HR issues. | The Court held that there had been a violation of Article 10 (freedom of expression) of the Convention, finding that the domestic courts had failed to carry out an adequate exercise to balance the applicant’s right to freedom of expression against the bank’s right to protect its legitimate business interests. In partic... | Work-related rights | Freedom of expression in the employment context | [
"THE CIRCUMSTANCES OF THE CASE",
"6. The applicant was born in 1974 and lives in Budapest.",
"7. From 2006 the applicant worked as a human resources management expert at Bank O. His tasks included the analysis and calculation of salaries and staffing management. At the material time the applicant ’ s employer i... | [
"RELEVANT DOMESTIC LAW",
"20. Act no. XXII of 2012 on the Labour Code, in force at the material time, provided as follows:",
"Article 3",
"“(5) In the employment relationship, employees shall not engage in any conduct which would jeopardise the legitimate economic interests of the employer, unless so authoris... | economy_labour |
622 | Gawlik v. Liechtenstein | 16 February 2021 (Chamber judgment) | This case concerned a doctor who raised suspicions that euthanasia had been taking place in his hospital. In doing so, he went outside the hospital complaints structure and lodged a criminal complaint. The affair attracted significant media attention. The applicant complained that his dismissal without notice from his ... | In this case, the Court stressed in particular that information disclosed by whistle-blowers might also be covered by Article 10 of the Convention under certain circumstances where the information in question was subsequently proved wrong or could not be proven correct. In particular, it could not reasonably be expect... | Whistleblowers and freedom to impart and to receive information | [
"2. The applicant was born in 1967 and lives in Kassel. He was represented by Mr B. Hopmann, a lawyer practising in Berlin.",
"3. The Government were represented by Ms G. Marok-Wachter, Director, of the Office of Justice of the Principality of Liechtenstein.",
"4. The facts of the case, as submitted by the part... | [
"RELEVANT LEGAL FRAMEWORK AND PRACTICE",
"relevant domestic lawProvisions of the Civil Code",
"Provisions of the Civil Code",
"Provisions of the Civil Code",
"34. Article 1173a of the Civil Code ( Allgemeines bürgerliches Gesetzbuch ) lays down rules on employment contracts. Paragraph 4 of that Article, in ... | technology_data | |
624 | Wojczuk v. Poland | 9 December 2021 (Chamber judgment) | This case concerned the conviction in 2012 of the applicant, an art historian, who had been employed by the Museum of Hunting and Horse-riding between 1997 and 2008, libel against the museum for four anonymous letters allegedly sent by him which were critical of the museum’s management. He complained that his criminal ... | In the present case, the Court did not find that the letters in question could be deemed to constitute whistle-blowing. It held that there had been no violation of Article 10 of the Convention in respect of the applicant, finding that the domestic courts had adduced sufficient and relevant reasons to justify the interf... | Whistleblowers and freedom to impart and to receive information | [
"2. The applicant was born in 1967 and lives in Warsaw. He was granted legal aid and was represented by Ms A. Bzdyń, a lawyer practising in Warsaw.",
"3. The Government were represented by their Agent, Ms J. Chrzanowska and, subsequently, by Mr J. Sobczak, of the Ministry of Foreign Affairs.",
"4. The facts of ... | [
"RELEVANT LEGAL FRAMEWORK",
"31. Article 212 of the 1997 Criminal Code provides as follows:",
"“1. Anyone who imputes to another person, a group of persons, an institution, a legal person or an organisation without legal personality such behaviour or characteristics as may lower the standing of such a person, g... | technology_data | |
663 | Sõro v. Estonia | 3 September 2015 | This case concerned the applicant’s complaint about the fact that information about his employment during the Soviet era as a driver for the Committee for State Security of the USSR (the KGB) had been published in the Estonian State Gazette in 2004. | The Court held that there had been violation of Article 8 of the Convention, finding that in the applicant’s case this measure had been disproportionate to the aims sought. The Court noted in particular that, under the relevant national legislation, information about all employees of the former security services – incl... | Personal data protection | Disclosure of personal data | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1948 and lives in Tartu.",
"A. Historical background",
"6. Estonia lost its independence as a result of the Treaty of Non-Aggression between Germany and the Union of Soviet Socialist Republics (also known as “Molotov-Ribbentrop Pact”), conclude... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"35. On 6 February 1995 the Procedure for Registration and Disclosure of Persons who Have Served in or Co-operated with Security Organisations or Intelligence or Counterintelligence Organisations of Armed Forces of States which Have Occupied Estonia Act ( Eestit okupeerin... | technology_data |
664 | Sõro v. Estonia | 3 September 2015 | This case concerned the applicant’s complaint about the fact that information about his employment during the Soviet era as a driver for the Committee for State Security of the USSR (the KGB) had been published in the Estonian State Gazette in 2004. | The Court held that there had been violation of Article 8 (right to respect for private life) of the Convention. It found that in the applicant’s case this measure had been disproportionate to the aims sought. In particular, under the relevant national legislation, information about all employees of the former security... | Work-related rights | Respect for private life in the employment context | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1948 and lives in Tartu.",
"A. Historical background",
"6. Estonia lost its independence as a result of the Treaty of Non-Aggression between Germany and the Union of Soviet Socialist Republics (also known as “Molotov-Ribbentrop Pact”), conclude... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"35. On 6 February 1995 the Procedure for Registration and Disclosure of Persons who Have Served in or Co-operated with Security Organisations or Intelligence or Counterintelligence Organisations of Armed Forces of States which Have Occupied Estonia Act ( Eestit okupeerin... | economy_labour |
676 | Goodwin v. the United Kingdom | 27 March 1996 | This case concerned a disclosure order imposed on a journalist (working for The Engineer) requiring him to reveal the identity of his source of information on a company’s confidential corporate plan. | There was not, in the European Court of Human Rights’ view, a reasonable relationship of proportionality between the legitimate aim pursued by the disclosure order and the means deployed to achieve that aim. Both the order requiring the applicant to reveal his source and the fine imposed upon him for having refused to ... | Protection of journalistic sources | Journalists obliged to disclose journalistic sources / Alleged failure to protect journalistic sources | [
"I. PARTICULAR CIRCUMSTANCES OF THE CASE",
"10. Mr William Goodwin, a British national, is a journalist and lives in London.",
"11. On 3 August 1989 the applicant joined the staff of The Engineer, published by Morgan-Grampian (Publishers) Ltd (\"the publishers\"), as a trainee journalist. He was employed by Mor... | [
"II. RELEVANT DOMESTIC LAW",
"20. Section 10 of the Contempt of Court Act 1981 provides:",
"\"No court may require a person to disclose, nor is a personguilty of contempt of court for refusing to disclose thesource of information contained in the publication for whichhe is responsible, unless it be established ... | technology_data |
677 | Voskuil v. the Netherlands | 22 November 2007 | The applicant, a journalist, was denied the right not to disclose his source for two articles he had written for a newspaper concerning a criminal investigation into arms trafficking, and detained for more than two weeks in an attempt to compel him to do so. | The Court, finding in particular that the Dutch Government’s interest in knowing the identity of the applicant’s source had not been sufficient to override the applicant’s interest in concealing it, held that there had been a violation of Article 10 of the Convention. It further held that there had also been a violatio... | Protection of journalistic sources | Journalists obliged to disclose journalistic sources / Alleged failure to protect journalistic sources | [
"I. THE CIRCUMSTANCES OF THE CASE",
"A. Particular circumstances of the case",
"6. The applicant was born in 1975 and lives in Amsterdam.",
"7. On 30 March 2000 the Amsterdam Regional Court ( arrondissementsrechtbank ) convicted three accused, Messrs K., Van S. and H., of arms trafficking. In the criminal inv... | [
"II. RELEVANT DOMESTIC AND INTERNATIONAL LAW",
"A. The Netherlands Code of Criminal Procedure",
"34. Provisions of the Code of Criminal Procedure relevant to the case provide as follows:",
"Article 218",
"“Persons who, by virtue of their position, their profession or their office, are bound to secrecy may .... | technology_data |
678 | Financial Times Ltd and Others v. the United Kingdom | 15 December 2009 | This case concerned the complaint by four United Kingdom newspapers and a news agency that they had been ordered to disclose documents to Interbrew, a Belgian brewing company, which could lead to the identification of journalistic sources at the origin of a leak to the press about a takeover bid. | The Court held that there had been a violation of Article 10 of the Convention. Emphasising in particular the chilling effect arising whenever journalists were seen to assist in the identification of anonymous sources, it found that the interests in eliminating damage through the future dissemination of confidential in... | Protection of journalistic sources | Journalists obliged to disclose journalistic sources / Alleged failure to protect journalistic sources | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The facts of the case, as submitted by the applicants, may be summarised as follows.",
"A. The background",
"6. On 30 October 2001 the board of Interbrew, a Belgian brewing company, asked its investment bank advisers, Goldman Sachs (“GS”) and Lazard, to carry out work o... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. Duty of assistance and disclosure",
"29. The exercise of the power to require the delivery up of otherwise confidential information derives from the jurisdiction established by the decision of the House of Lords in Norwich Pharmacal v. Customs & Excise Commissioners... | technology_data |
679 | Sanoma Uitgevers B.V. v. the Netherlands | 14 September 2010 (Grand Chamber) | This case concerned photographs, to be used for an article on illegal car racing, which a Dutch magazine publishing company was compelled to hand over to police investigating another crime, despite the journalists’ strong objections to being forced to divulge material capable of identifying confidential sources. | The Court found in particular that the interference with the applicant company’s freedom of expression had not been “prescribed by law”, there having been no procedure with adequate legal safeguards available to the applicant company to enable an independent assessment as to whether the interest of the criminal investi... | Protection of journalistic sources | Journalists obliged to disclose journalistic sources / Alleged failure to protect journalistic sources | [
"I. THE CIRCUMSTANCES OF THE CASE",
"A. Factual background",
"1. The applicant company",
"9. The applicant company is based in Hoofddorp. Its business is publishing and marketing magazines, including the weekly Autoweek, which caters for readers who are interested in motoring.",
"2. The street race",
"10.... | [
"II. RELEVANT DOMESTIC AND INTERNATIONAL LAW AND PRACTICE",
"A. The Code of Criminal Procedure",
"1. Article 96a of the Code of Criminal Procedure",
"30. Article 96a of the Code of Criminal Procedure reads as follows:",
"“1. If it is suspected that a crime within the meaning of Article 67 § 1 has been commi... | technology_data |
680 | Becker v. Norway | 5 October 2017 | This case concerned a journalist who was ordered to give evidence in a criminal case brought against one of her sources, Mr X, for market manipulation. Mr X had confirmed to the police that he had been the applicant’s source for an article she had written in 2007 about the Norwegian Oil Company’s allegedly difficult fi... | The Court held that there had been a violation of Article 10 of the Convention. It found that its assessment turned, above all, on whether the applicant’s evidence had been needed during the criminal investigation and subsequent court proceedings against her source. It pointed out that her refusal to disclose her sourc... | Protection of journalistic sources | Journalists obliged to disclose journalistic sources / Alleged failure to protect journalistic sources | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant is a journalist for DN.no, a Norwegian Internet-based version of the newspaper Dagens Næringsliv (“ DN ”), published by the company DN Nye Medier AS.",
"6. On 23 June 2010 Mr X was indicted for market manipulation and insider trading under the 1997 Act on th... | [
"II. RELEVANT DOMESTIC AND INTERNATIONAL MATERIAL",
"A. Domestic law",
"37. The relevant articles of the Code of Criminal Procedure of 22 May 1981 ( straffeprosessloven ) read as follows:",
"“Article 108. Unless otherwise provided by statute, every person summoned to attend as a witness is bound to do so and ... | technology_data |
681 | Big Brother Watch and Others v. the United Kingdom | 25 May 2021 (Grand Chamber) | These applications were lodged after revelations by Edward Snowden (former contractor with the US National Security Agency) about programmes of surveillance and intelligence sharing between the USA and the United Kingdom. The case concerned complaints by journalists and human-rights organisations in regard to three dif... | The Grand Chamber held: unanimously, that there had been a violation of Article 8 of the Convention in respect of the bulk intercept regime; unanimously, that there had been a violation of Article 8 in respect of the regime for obtaining communications data from communication service providers; by twelve votes to five,... | Personal data protection | Interception of communications, phone tapping and secret surveillance | [
"BACKGROUND",
"12. The three applications were introduced following revelations by Edward Snowden concerning the electronic surveillance programmes operated by the intelligence services of the United States of America and the United Kingdom.",
"13. The applicants, who are listed in the Appendix, all believed th... | [
"RELEVANT LEGAL FRAMEWORK AND PRACTICE",
"RELEVANT DOMESTIC LAWThe interception of communicationsWarrants: general",
"The interception of communicationsWarrants: general",
"Warrants: general",
"The interception of communicationsWarrants: general",
"Warrants: general",
"Warrants: general",
"61. Section... | technology_data |
682 | Standard Verlagsgesellschaft mbH v. Austria | 7 December 2021 | This case concerned court orders for the applicant media company to reveal the sign-up information of registered users who had posted comments on its website, derStandard.at, the website of the newspaper Der Standard. This had followed comments allegedly linking politicians to, among other things, corruption or neo-Naz... | The Court held that there had been a violation of Article 10 (freedom of expression) of the Convention in the present case, finding that the court orders in question had not been necessary in a democratic society. The Court found, in particular, that user data did not enjoy the protection of “journalistic sources”, and... | Personal data protection | Disclosure of personal data | [
"2. The applicant company, a limited liability company registered in Vienna, was represented by Ms M. Windhager, a lawyer practising in Vienna.",
"3. The Government were represented by their Agent, Ambassador H. Tichy, Head of the International Law Department at the Federal Ministry for European and International... | [
"RELEVANT legal framework and practice",
"Domestic LawCivil Code ( Allgemeines Bürgerliches Gesetzbuch, published in the Collection of Judicial Acts, no. 946/1811)",
"Civil Code ( Allgemeines Bürgerliches Gesetzbuch, published in the Collection of Judicial Acts, no. 946/1811)",
"Civil Code ( Allgemeines Bürge... | technology_data |
684 | Tillack v. Belgium | 27 November 2007 | The applicant, a journalist of the German weekly magazine Stern, complained about searches and seizures at his home and his place of work following the publication of articles concerning irregularities in the European institutions and based on information from confidential documents from the European Anti-Fraud Office. | The Court held that there had been a violation of Article 10 of the Convention. It emphasised in particular that a journalist’s right not to reveal her or his sources could not be considered a mere privilege to be granted or taken away depending on the lawfulness or unlawfulness of their sources, but was part and parce... | Protection of journalistic sources | Searches of journalists’ home or workplace, accessing of the phone data and/or seizure of journalistic material | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1961 and lives in Berlin.",
"6. He is a journalist on the German weekly magazine Stern. From 1 August 1999 until 31 July 2004 he was assigned to Brussels to report on the policies of the European Union and the activities of the European instituti... | [
"II. RELEVANT DOMESTIC AND EUROPEAN LAW",
"31. Article 458 of the Belgian Criminal Code provides :",
"“ Medical practitioners, surgeons, health officers, pharmacists, midwives and all other persons who, by reason of their status or profession, are guardians of secrets entrusted to them and who disclose them, ex... | technology_data |
685 | Saint-Paul Luxembourg S.A. v. Luxembourg | 18 April 2013 | This case concerned a search and seizure warrant issued by an investigating judge against a newspaper after the latter had published an article which was the subject of a complaint to the judicial authorities by an individual mentioned in the article and his employer. | The Court found a violation of Article 8 (right to respect for private life) and a violation of Article 10 of the Convention. It held in particular that the search and seizure warrant had not been reasonably proportionate to the aim pursued, namely to verify the identity of the journalist who had written the article, a... | Protection of journalistic sources | Searches of journalists’ home or workplace, accessing of the phone data and/or seizure of journalistic material | [
"I. THE CIRCUMSTANCES OF THE CASE",
"6. The applicant company has its registered office in Luxembourg.",
"7. On 17 December 2008 the Portuguese-language newspaper Contacto Semanário (hereafter “ Contacto ”), published by the applicant company in Luxembourg, printed an article describing the situation of familie... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"23. The relevant provisions of the Law of 1 September 1988 on civil liability of the State and the public authorities reads as follows:",
"Section 1",
"“The State and other public-law entities shall be liable, in the performance of their respective public service dut... | technology_data |
686 | Nagla v. Latvia | 16 July 2013 | This case concerned the search by the police of a well-known broadcast journalist’s home, and their seizure of data storage devices. The applicant’s home was searched following a broadcast she had aired in February 2010 informing the public of an information leak from the State Revenue Service database. The applicant c... | The Court held that there had been a violation of Article 10 (freedom of expression) of the Convention. It emphasised that the right of journalist’s not to disclose their sources could not be considered a privilege, dependent on the lawfulness or unlawfulness of their sources, but rather as an intrinsic part of the rig... | New technologies | Electronic data | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1971 and lives in Riga.",
"6. The applicant, at the time of the material events, was working for the national television broadcaster Latvijas televīzija ( “LTV”). She was a producer, reporter and host of the weekly investigative news programme De... | [
"II. RELEVANT INTERNATIONAL AND DOMESTIC LAW",
"A. International and European law",
"31. Several international instruments concern the protection of journalistic sources, including the Resolution on Journalistic Freedoms and Human Rights, adopted at the 4 th European Ministerial Conference on Mass Media Policy ... | technology_data |
687 | Sedletska v. Ukraine | 1 April 2021 | This case concerned judicial authorisation of the accessing of the phone data of the applicant, a journalist with Radio Free Europe/Radio Liberty, by the investigating authorities, which had threatened the protection of her journalistic sources. The applicant complained, of an unjustified interference with the right to... | The Court held that there had been a violation of Article 10 of the Convention in respect of the applicant. In view of its findings in the case, it was not convinced that the data access authorisation given by the domestic courts had been justified by an “overriding requirement in the public interest” and, therefore, n... | Protection of journalistic sources | Searches of journalists’ home or workplace, accessing of the phone data and/or seizure of journalistic material | [
"2. The applicant was born in 1987 and lives in Kyiv. She was represented by Mr S. Zayets and Ms L. Pankratova, lawyers practising in Irpin and Kyiv respectively.",
"3. The Government were represented by their Agent, Mr I. Lishchyna.",
"4. The facts of the case, as submitted by the parties, may be summarised as... | [
"RELEVANT LEGAL FRAMEWORK",
"Relevant domestic lawConstitution of Ukraine",
"Constitution of Ukraine",
"Constitution of Ukraine",
"29. Article 34 of the Constitution of Ukraine reads:",
"“Everyone is guaranteed the right to freedom of thought and speech, and to the free expression of his or her views and ... | technology_data |
702 | Jankovskis v. Lithuania | 17 January 2017 (judgment) | This case concerned a prisoner’s complaint that he had been refused access to a website run by the Ministry of Education and Science, thus preventing him from receiving education-related information. He had written to that Ministry requesting information about the possibility of enrolling at university in order to acqu... | The Court was not persuaded that sufficient reasons had been put forward by the Lithuanian authorities to justify the interference with the applicant’s right to receive information which, in the specific circumstances of the case, could not be regarded as having been necessary in a democratic society. It therefore held... | Access to Internet and freedom to receive and impart information and ideas | Internet sites providing educational information | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1961. According to the latest information in the Court ’ s possession, he was serving a sentence in the Pravieniškės Correctional Home.",
"A. Internet access",
"6. On 30 May 2006 the applicant wrote to the Ministry of Education and Science ( Šv... | [
"II. RELEVANT DOMESTIC LAW",
"28. The Constitution reads as follows:",
"Article 25",
"“ Everyone shall have the right to have his own convictions and freely express them.",
"No one must be hindered from seeking, receiving, or imparting information and ideas.",
"The freedom to express convictions, as well ... | technology_data |
708 | Schmidt and Dahlström v. Sweden | 6 February 1976 | The applicants, trade union members, complained that they had been denied certain retroactive benefits in their capacity as members of organisations which had engaged in strike action. | No violation of Article 11 of the Convention: Article 11 “presents trade union freedom as one form or a special aspect of freedom of association” but “does not secure any particular treatment of trade union members by the State, such as the right to retroactivity of benefits, for instance salary increases, resulting fr... | Trade union rights | [
"8. The applicants are Swedish citizens. Mr. Folke Schmidt is a professor of law at the University of Stockholm and Mr. Hans Dahlström is an officer in the Swedish Army.",
"9. The applicants are members of trade unions affiliated to two of the main federations representing Swedish State employees, namely the Swed... | [
"AS TO THE LAW",
"29. Mr. Schmidt and Mr. Dahlström complain that under clause 18 of the collective agreement of June 1971, as members of organisations having proclaimed selective strikes, namely SACO and SR, they were denied retroactivity of certain benefits, even though they themselves had not gone on strike. T... | economy_labour | |
709 | Wilson, National Union of Journalists and Others v. the United Kingdom | 2 July 2002 | The applicants submitted that the law applicable in the United Kingdom at the relevant time failed to secure their rights under Article 11 of the Convention. They complained in particular that the requirement to sign a personal contract and lose union rights, or accept a lower pay rise, was contrary to the Employment P... | The Court noted in particular that, although collective bargaining was not indispensable for the effective enjoyment of trade union freedom, it might be one of the ways by which trade unions were enabled to protect their members’ interests. In the present case, it found that, the absence, under United Kingdom law, of a... | Trade union rights | Right to collective bargaining | [
"I. THE CIRCUMSTANCES OF THE CASE",
"A. The first and second applicants",
"9. The first applicant, Mr Wilson, was employed as a journalist at the Daily Mail by Associated Newspapers Limited. The local branch, or “Chapel” of the second applicant, the NUJ, had been recognised since at least 1912 for the purpose o... | [
"II. RELEVANT NON-CONVENTION MATERIAL",
"A. United Kingdom law",
"25. According to United Kingdom law, a “trade union” is any organisation which consists wholly or mainly of workers and has the regulation of relations between workers and employers or employers' associations as one of its principal purposes (sec... | economy_labour |
710 | Wilson, National Union of Journalists and Others v. the United Kingdom | 2 July 2002 | See above, under “Right to bargain collectively”. | In this judgment, the Court noted in particular that “[t]he essence of a voluntary system of collective bargaining is that it must be possible for a trade union which is not recognised by an employer to take steps including, if necessary, organising industrial action, with a view to persuading the employer to enter int... | Trade union rights | Right to strike | [
"I. THE CIRCUMSTANCES OF THE CASE",
"A. The first and second applicants",
"9. The first applicant, Mr Wilson, was employed as a journalist at the Daily Mail by Associated Newspapers Limited. The local branch, or “Chapel” of the second applicant, the NUJ, had been recognised since at least 1912 for the purpose o... | [
"II. RELEVANT NON-CONVENTION MATERIAL",
"A. United Kingdom law",
"25. According to United Kingdom law, a “trade union” is any organisation which consists wholly or mainly of workers and has the regulation of relations between workers and employers or employers' associations as one of its principal purposes (sec... | economy_labour |
711 | Association of Civil Servants and Union for Collective Bargaining and Others | 5 July 2022 | This case concerned the Uniformity of Collective Agreements Act (Tarifeinheitsgesetz), which regulates conflicts that arise if there are several collective agreements in one “business unit” (Betrieb) of a company1. The applicants – three German trade unions and six members of one of them – submitted that the relevant p... | The Court held that there had been no violation of Article 11 of the Convention, finding that there had been no disproportionate restriction on the applicants’ rights in the present case. The Court reiterated in particular that the right to collective bargaining as guaranteed under Article 11 of the Convention did not ... | Trade union rights | Right to collective bargaining | [
"2. The years of the applicants’ birth, registration or establishment and their places of residence or seat are indicated in the appended table. They were represented by Mr W. Däubler, Dußlingen (first applicant), Mr F. Schorkopf, Göttingen (second applicant) and Mr U. Fischer, Frankfurt a.M. (applicants in the thi... | [
"RELEVANT LEGAL FRAMEWORK",
"THE DOMESTIC LEGAL FRAMEWORKProvision of the Basic Law",
"Provision of the Basic Law",
"Provision of the Basic Law",
"25. Article 9 of the Basic Law, on freedom of association, in so far as relevant, provides:",
"“(3) The right to form associations to safeguard and improve wor... | economy_labour |
712 | Young, James and Webster v. the United Kingdom | 13 August 1981 | The applicants’ complaint concerned the “closed shop” agreement between British Rail and three railway workers’ unions. A closed shop is an undertaking or workplace in which, as a result of an agreement or arrangement between one or more trade unions and one or more employers or employers’ associations, employees of a ... | Violation of Article 11 of the Convention: Closed shop agreements had to protect individuals’ freedom of thought (see also: Sibson v. the United Kingdom, judgment of 20 April 1993). | Trade union rights | Right to form, to join or not join a trade union | [
"12. Mr. Young, Mr. James and Mr. Webster are former employees of the British Railways Board (\"British Rail\"). In 1975, a \"closed shop\" agreement was concluded between British Rail and three trade unions, providing that thenceforth membership of one of those unions was a condition of employment. The applicants ... | [
"I. GENERAL BACKGROUND AND DOMESTIC LAW",
"A. Closed shops and dismissal from employment",
"In general",
"13. In essence, a closed shop is an undertaking or workplace in which, as a result of an agreement or arrangement between one or more trade unions and one or more employers or employers ’ associations, em... | economy_labour |
713 | Gustafsson v. Sweden | 25 April 1996 | This case concerned trade union action (boycott and blockade of a restaurant) against an applicant who had refused to sign a collective agreement in the catering sector. | No violation of Article 11 of the Convention: While the State had to take “reasonable and appropriate measures to secure the effective enjoyment of the negative right to freedom of association”, the restriction imposed on the applicant had not interfered significantly with the exercise of his right to freedom of associ... | Trade union rights | Right to form, to join or not join a trade union | [
"I. PARTICULAR CIRCUMSTANCES OF THE THE CASE",
"9. From the summer of 1987 until the end of the summer of 1990 the applicant owned the summer restaurant Ihrebaden at Ihreviken, Tingstäde, on the island of Gotland. The applicant further owned - and continues to own - the youth hostel Lummelunda at Nyhamn, Visby, a... | [
"II. RELEVANT DOMESTIC LAW",
"A. Freedom of association",
"25. Chapter 2, Article 1, of the Instrument of Government provides:",
"\"All citizens shall be guaranteed the following in theirrelations with the public authorities:",
"1. freedom of expression: the freedom to communicateinformation and to express ... | economy_labour |
714 | Vlahov v. Croatia | 5 May 2022 | In this case, which concerned the right of trade unions to control their membership vis-à-vis the right to freedom of association of would-be members, the applicant, a trade-union representative, complained that he had been convicted of preventing 15 would-be members from joining his union. He complained in particular... | The Court held that there had been a violation of Article 11 of the Convention, finding that the interference complained of had not been necessary in a democratic society. It reiterated, in particular, certain principles in its case-law under Article 11, notably that trade unions had the right to control their membersh... | Trade union rights | Right to form, to join or not join a trade union | [
"2. The applicant was born in 1959 and lives in Šibenik.",
"3. The applicant was granted leave for self-representation. The Government were represented by their Agent, Ms Š. Stažnik.",
"4. The facts of the case may be summarised as follows.",
"Background to the case",
"5. At the beginning of 2007 the applic... | [
"RELEVANT LEGAL FRAMEWORK AND PRACTICE",
"RELEVANT DOMESTIC LAW",
"29. The relevant parts of the Constitution of the Republic of Croatia ( Ustav Republike Hrvatske, Official Gazette no. 56/1990, with further amendments) provide as follows:",
"Article 29",
"“In the determination of his rights and obligations... | economy_labour |
715 | Ezelin v. France | 26 April 1991 | This case concerned a disciplinary penalty imposed on the applicant, who was Vice-Chairman of the Trade Union of the Guadeloupe Bar at the time, for taking part in a public demonstration – during which insulting remarks were made – organised by a number of Guadeloupe independence movements and trade unions at Basse-Ter... | Violation of Article 11 of the Convention: Although the penalty had mainly moral force, the Court considered that “the freedom to take part in a peaceful assembly – in this instance a demonstration that had not been prohibited - is of such importance that it cannot be restricted in any way, even for an avocat, so long ... | Trade union rights | Right to strike | [
"I. THE CIRCUMSTANCES OF THE CASE",
"9. Mr Roland Ezelin is a French national who lives at Basse-Terre ( Guadeloupe ). He practises as a lawyer (avocat).",
"A. Background to the case",
"10. On 12 February 1983 a number of Guadeloupe independence movements and trade unions held a public demonstration at Basse-... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"22. The following provisions of French law need to be set out:",
"A. General provisions",
"1. The Criminal Code",
"23.",
"Article 226, first paragraph",
"\"Anyone who by his acts or by means of the written or spoken word has publicly attempted to bring discredi... | economy_labour |
716 | National Union of Rail, Maritime and Transport Workers v. the United Kingdom | 8 April 2014 | The applicant – a trade union with a membership of more than 80,000 persons employed in different sectors of the transport industry in the United Kingdom – complained about statutory restrictions on the right to strike and, in particular, the ban on secondary industrial action (strike action against a different employe... | The Court held that there had been no violation of Article 11 of the Convention, finding that there was nothing in the facts raised by the applicant union to show that the general prohibition on secondary strikes had had a disproportionate effect on their rights under Article 11. The United Kingdom had therefore remain... | Trade union rights | Right to strike | [
"I. THE CIRCUMSTANCES OF THE CASE",
"6. The applicant is a trade union based in London with a membership of more than 80,000 persons employed in different sectors of the transport industry in the United Kingdom.",
"7. Noting that in the domestic system industrial disputes are governed by very detailed legislati... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"18. In relation to the EDF case, Blake J referred to the following provisions of the Trade Union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act”) :",
"Section 226",
"“ (1) An act done by a trade union to induce a person to take part, or continue to take... | economy_labour |
717 | Norwegian Confederation of Trade Unions | 10 June 2021 | The first applicant union was a member of the second. The case concerned a decision of the Norwegian Supreme Court to declare unlawful a boycott announced by NTF to pressure a foreign company, Holship, into collective agreement in breach of EEA (European Economic Area) freedom of establishment. | The Court held that there had been no violation of Article 11 of the Convention, finding that, in the particular circumstances of this case, the Norwegian Supreme Court had advanced relevant and sufficient grounds to justify its final conclusion. With regard, in particular, to the purpose of the proposed action, the Co... | Trade union rights | Boycott | [
"2. The first applicant union, the Norwegian Transport Workers’ Union (NTF), is a member of the Norwegian Confederation of Trade Unions (LO), the second applicant union. They were represented before the Court by Mr H. Angell, a lawyer practising in Oslo, assisted by Mr L. Nagelhus and Mr. H.P. Graver, advocates.",
... | [
"RELEVANT LEGAL FRAMEWORK",
"Domestic legislation and collective agreements",
"59. Article 101 of the Norwegian Constitution of 17 May 1814 ( Grunnloven ), as revised in 2014, reads:",
"Article 101",
"“Everyone has the right to form, join and leave associations, including trade unions and political parties.... | economy_labour |
718 | Fenech v. Malta | 1 March 2022 | The applicant in this case was a businessman who had been arrested, in November 2019, on suspicion of involvement in the murder of Maltese journalist Daphne Caruana Galizia in October 2017 and had since then been remanded in custody. The case concerned his conditions of detention in the Corradino Correctional Facility ... | The Court held that there had been no violation of Article 3 (prohibition of inhuman or degrading treatment) of the Convention in relation to the applicant’s detention while he was segregated. It found in particular that the applicant’s period of segregation from others – due to having tested positive for cocaine – had... | COVID-19 health crisis | Right to life and prohibition of torture and inhuman or degrading treatment | [
"2. The applicant was born in 1981 and is currently detained at the Corradino Correctional Facility (‘CCF’), Paola. The applicant was represented by Mr W. Jordash, a lawyer practising in the Hague, the Netherlands.",
"3. The Government were represented by their Agents, Dr C. Soler, State Advocate, and Dr J. Vella... | [
"RELEVANT LEGAL FRAMEWORK",
"CRIMINAL CODE",
"16. Article 9 of the Criminal Code, Chapter 9 of the Laws of Malta, concerning solitary confinement reads as follows:",
"“(1) The punishment of solitary confinement is carried into effect by keeping the person sentenced to imprisonment, during one or more terms in... | health_life |
727 | Roche v. the United Kingdom | 19 October 2005 (Grand Chamber) | The applicant was discharged from the British Army in the late 1960s. In the 1980s he developed high blood pressure and later suffered from hypertension, bronchitis and bronchial asthma. He was registered as an invalid and maintained that his health problems were the result of his participation in mustard and nerve gas... | The Court held that there had been a violation of Article 8 of the Convention, finding that, in the overall circumstances, the United Kingdom had not fulfilled its positive obligation to provide an effective and accessible procedure enabling the applicant to have access to all relevant and appropriate information which... | Personal data protection | Access to personal data | [
"I. THE CIRCUMSTANCES OF THE CASE",
"9. The applicant was born in 1938 and currently lives in Lancashire.",
"10. In 1953 he joined the British army at 15 years of age. He served with the Royal Engineers between February 1954 and April 1968, when he was discharged for reasons unrelated to the present application... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. Civil actions by servicemen against the Crown",
"1. Prior to 1947",
"73. It was a well-established and unqualified common- law rule that the Crown was neither directly nor vicariously liable in tort.",
"74. The rule was counterbalanced in several ways. Actions a... | technology_data |
728 | Roche v. the United Kingdom | 19 October 2005 (Grand Chamber) | The applicant, who was born in 1938 and has been registered as a person with disabilities since 1992, was suffering from health problems as a result of his exposure to toxic chemicals during tests carried out on him in the early 1960s while he was serving in the British army. He complained that he had not had access to... | The Court found a violation of Article 8 (right to private and family life) of the Convention, because a procedure had not been available to the applicant making it possible to obtain information about the risks related to his participation in the tests organised by the army. | Health | Exposure to environmental hazards | [
"I. THE CIRCUMSTANCES OF THE CASE",
"9. The applicant was born in 1938 and currently lives in Lancashire.",
"10. In 1953 he joined the British army at 15 years of age. He served with the Royal Engineers between February 1954 and April 1968, when he was discharged for reasons unrelated to the present application... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. Civil actions by servicemen against the Crown",
"1. Prior to 1947",
"73. It was a well-established and unqualified common- law rule that the Crown was neither directly nor vicariously liable in tort.",
"74. The rule was counterbalanced in several ways. Actions a... | health_life |
730 | Brincat and Others v. Malta | 24 July 2014 | This case concerned ship-yard repair workers who were exposed to asbestos for a number of decades beginning in the 1950s to the early 2000s which led to them suffering from asbestos related conditions. The applicants complained in particular about their or their deceased relative’s exposure to asbestos and the Maltese ... | The Court held that there had been a violation of Article 2 (right to life) of the Convention in respect of the applicants whose relative had died, and a violation of Article 8 (right to respect for private and family life) of the Convention in respect of the remainder of the applicants. It found in particular that, in... | Health | Exposure to environmental hazards | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicants ’ names, dates of birth and places of residence may be found in the Annex.",
"A. Background to the case",
"6. From the 1950s/60s to early 2000, the applicants in applications nos. 60908/11, 62110/11, 62129/11 and 62312/11 were full - time employees at the... | [
"II. RELEVANT DOMESTIC LAW AND INTERNATIONAL STANDARDS",
"A. Domestic law and practice relating to civil and constitutional remedies",
"1. Civil remedies",
"22. The relevant provisions of the Civil Code, Chapter 16 of the Laws of Malta, in respect of actions for damages, read:",
"Article 1031",
"“Every pe... | health_life |
766 | Hristozov and Others v. Bulgaria | 13 November 2012 | The ten applicants were cancer sufferers who complained that they had been denied access to an unauthorised experimental anti-cancer drug. Bulgarian law stated that such permission could only be given where the drug in question had been authorised in another country. While the drug was permitted for “compassionate use”... | The European Court of Human Rights held that there had been no violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights. Considering that the restriction in question concerned the patients’ right to respect for private life, protected by Article 8 of the Conventio... | Health | Access to experimental treatment or drug | [
"I. THE CIRCUMSTANCES OF THE CASE",
"7. The applicants were born in 1977, 1954, 1948, 1947, 1948, 1973, 1948, 1966, 1935 and 1947 respectively, and live(d) in Plovdiv, Godech, Dobrich, Kazanlak, Plovdiv, Ruse, Samokov and Sofia respectively.",
"8. The first applicant in application no. 47039/11 and all eight ap... | [
"II. RELEVANT DOMESTIC LAW",
"A. The Constitution",
"19. Article 52 of the Constitution of 1991 provides, in so far as relevant:",
"“1. Citizens shall be entitled to medical insurance guaranteeing them affordable health care, and to free health care under the conditions and in the manner provided for by law .... | health_life |
767 | Otgon v. the Republic of Moldova | 25 October 2016 | This case concerned the applicant’s complaint about the amount of damages (the equivalent of 648 euros) awarded to her by the courts after she drank infested tap water. As a result, she had spent two weeks in hospital with dysentery. | The Court held that there had been a violation of Article 8 (right to respect of private life) of the Convention, finding that even though the domestic courts had established responsibility and awarded compensation in the proceedings brought against the State-owned local utilities provider, the sum awarded was insuffic... | Health | Complaint about amount of damages awarded for harm caused to one’s health | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1963 and lives in Călărași.",
"6. On 26 October 2005 the applicant and her daughter drank water from taps in their apartment and shortly thereafter they felt unwell. On 29 October 2005 the applicant ’ s daughter, who was twelve at the time, was a... | [
"THE LAW",
"I. ALLEGED VIOLATION OF ARTICLE 8 OF THE CONVENTION",
"11. The applicant complained that her health had been endangered as a result of having drunk contaminated water. She considered that there had been a violation of Article 8 of the Convention, which reads as follows:",
"“1. Everyone has the rig... | health_life |
768 | Panteleyenko v. Ukraine | 29 June 2006 | The applicant complained in particular about the disclosure at a court hearing of confidential information regarding his mental state and psychiatric treatment. | The Court found that obtaining from a psychiatric hospital confidential information regarding the applicant’s mental state and relevant medical treatment and disclosing it at a public hearing had constituted an interference with the applicant’s right to respect for his private life. It held that there had been a violat... | Health | Confidentiality of personal information concerning health | [
"I. THE CIRCUMSTANCES OF THE CASE",
"4. The applicant was born in 1960 and lives in the city of Chernigiv.",
"1. The applicant ’ s criminal case and derivative proceedings",
"a. Criminal charge against the applicant",
"5. On 3 May 1999 the Chernigiv City Prosecutor ’ Office (hereinafter the Prosecutor ’ Off... | [
"II. RELEVANT DOMESTIC LAW",
"1. Constitution of Ukraine, 1996",
"27. The relevant provisions of the Constitution read as follows:",
"Article 30",
"“ Everyone is guaranteed the inviolability of his or her home.",
"Entry into a home or other possessions of a person, and the examination or search thereof, s... | health_life |
769 | L.L. v. France | 10 October 2006 | The applicant complained in particular about the submission to and use by the courts of documents from his medical records, in the context of divorce proceedings, without his consent and without a medical expert having been appointed in that connection. | The Court held that there had been a violation of Article 8 (right to respect for private and family life) of the Convention, finding that the interference in the applicant’s private life had not been justified in view of the fundamental importance of protecting personal data. It observed in particular that it was only... | Health | Confidentiality of personal information concerning health | [
"A. The circumstances of the case",
"4. The applicant was born in 1957 and lives in France.",
"5. On 5 February 1996 the applicant ’ s wife filed a divorce petition with the appropriate tribunal de grande instance. In an interlocutory decision of 26 March 1996, the family-affairs judge, finding that the couple ... | [
"THE LAW",
"I. ALLEGED VIOLATION OF ARTICLE 8 OF THE CONVENTION",
"18. The applicant complained that medical documents concerning him (operation report of 2 April 1994) had been produced and used before the court, without his consent and without a medical expert having been appointed for such purpose. He allege... | health_life |
770 | L.H. v. Latvia | 29 April 2014 | The applicant alleged that the collection of her personal medical data by a State agency without her consent had violated her right to respect for her private life. | The Court recalled the importance of the protection of medical data to a person’s enjoyment of the right to respect for private life. It held that there had been a violation of Article 8 (right to respect for private and family life) of the Convention in the applicant’s case, finding that the applicable law had failed ... | Health | Confidentiality of personal information concerning health | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1975 and lives in the Cēsis District (Latvia).",
"A. Background to the case",
"6. On 16 June 1997 the applicant gave birth in the Cēsis District Central Hospital (a municipal enterprise, hereinafter “ the Cēsis hospital ”). Caesarean section wa... | [
"II. RELEVANT NATIONAL LAW",
"A. Legal regulation of the MADEKKI",
"24. Section 10 of the Medical Treatment Law ( Ārstniecības likums ) at the relevant time provided that the MADEKKI was the institution responsible for monitoring the quality of medical care provided in medical institutions.",
"25. The MADEKKI... | health_life |
771 | L.H. v. Latvia | 29 April 2014 | The applicant alleged in particular that the collection of her personal medical data by a State agency – in this case, the Inspectorate of Quality Control for Medical Care and Fitness for Work (“MADEKKI”) – without her consent had violated her right to respect for her private life. | In this judgment the Court recalled the importance of the protection of medical data to a person’s enjoyment of the right to respect for private life. It held that there had been a violation of Article 8 of the Convention in the applicant’s case, finding that the applicable law had failed to indicate with sufficient cl... | Personal data protection | Health data | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1975 and lives in the Cēsis District (Latvia).",
"A. Background to the case",
"6. On 16 June 1997 the applicant gave birth in the Cēsis District Central Hospital (a municipal enterprise, hereinafter “ the Cēsis hospital ”). Caesarean section wa... | [
"II. RELEVANT NATIONAL LAW",
"A. Legal regulation of the MADEKKI",
"24. Section 10 of the Medical Treatment Law ( Ārstniecības likums ) at the relevant time provided that the MADEKKI was the institution responsible for monitoring the quality of medical care provided in medical institutions.",
"25. The MADEKKI... | technology_data |
772 | P.T. v. the Republic of Moldova | 26 May 2020 | This case concerned disclosure of the applicant’s HIV positive status in a certificate exempting him from military service. The applicant complained that he had had to show the certificate when renewing his identification papers in 2011 and in certain other situations, such as whenever he applied for a new job. | The Court held that there had been a violation of Article 8 (right to respect for private life) of the Convention, finding that the disclosure of being HIV positive in the military service exemption certificate had breached the applicant’s privacy rights. It noted in particular that the Moldovan Government had not spec... | Health | Confidentiality of personal information concerning health | [
"2. The applicant was born in 1978 and lives in Sângera. He was represented by Mr A. Lungu, a lawyer practising in Durlești.",
"3. The Government were represented by their Agent, Mr O. Rotari.",
"4. The facts of the case, as submitted by the parties, may be summarised as follows.",
"5. The applicant is HIV po... | [
"RELEVANT LEGAL FRAMEWORK AND PRACTICE",
"7. Under section 4(c) of the Law on administrative proceedings (no. 793-XIV of 10 February 2000), in force at the relevant time, Government decisions of a normative character were exempt from judicial supervision.",
"8. Under section 7 of the Law on identity papers in t... | health_life |
773 | Diennet v. France | 26 September 1995 | The applicant, a French doctor, was struck off the regional doctors’ register for reasons of professional misconduct after he admitted that he had been advising his patients, who wished to lose weight, from a distance. He never met his patients, did not monitor or adjust the treatment prescribed, and during his frequen... | The Court found a violation of Article 6 § 1 (right to a fair trial) of the Convention, because the hearings had not been held in public, and no violation of Article 6 § 1 in respect of the complaint that the disciplinary bodies had not been impartial. | Health | Disciplinary proceedings against health professionals | [
"I. Circumstances of the case",
"7. Dr Marcel Diennet, a general practitioner living in Paris, was",
"the object of proceedings for professional misconduct.",
"8. On 11 March 1984 the Regional Council of the Ile-de-France ordre",
"des médecins (Medical Association) struck him off the register. Its",
"reas... | [
"PROCEEDINGS BEFORE THE COMMISSION",
"22. Dr Diennet applied to the Commission on 18 April 1991. He",
"alleged a violation of the right to a hearing in public and by an",
"impartial tribunal, guaranteed in Article 6 para. 1 (art. 6-1) of the",
"Convention.",
"23. The Second Chamber of the Commission decla... | health_life |
774 | S.J. v. Belgium | 19 March 2015 (Grand Chamber) | The applicant, an HIV-positive Nigerian national, alleged in particular that there were serious and established grounds to believe that if she were returned to Nigeria, she would face a real risk of being subjected to inhuman and degrading treatment, on account of the fact that the complex antiretroviral therapy which ... | The Court struck the application out of its list of cases (pursuant to Article 37 of the Convention), taking note of the terms of the friendly settlement that had been reached between the Belgian Government and the applicant and the arrangements for ensuring compliance with the undertakings given, namely the fact that ... | Health | Deportation of seriously ill persons | [
"THE CIRCUMSTANCES OF THE CASE",
"A. Asylum proceedings",
"11. The applicant arrived in Belgium in the summer of 2007. On 30 July 2007, when she was eight months pregnant, she lodged an application for asylum in which she stated that she had fled her country after the family of the child’s father, M.A., in whos... | [
"THE LAW",
"56. On 26 August 2014 the Court received a proposal for a friendly settlement from the Government providing as follows:",
"“The applicant’s case is ... characterised by strong humanitarian considerations weighing in favour of regularising her residence status and that of her children on the basis of... | health_life |
775 | Savran v. Denmark | 7 December 2021 (Grand Chamber) | The applicant, a Turkish national, had been resident in Denmark for most of his life. After being convicted of aggravated assault committed with other people, which had led to the victim’s death, he was in 2008 placed in the secure unit of a residential institution for the severely mentally impaired for an indefinite p... | The Court held that there had been no violation of Article 3 (prohibition of inhuman or degrading treatment) of the Convention. It considered in particular that it had not been demonstrated that the applicant’s expulsion to Turkey had exposed him to a “serious, rapid and irreversible decline in his state of health resu... | Health | Deportation of seriously ill persons | [
"10. The applicant was born in 1985 and now resides in the village of Kütükușağı in Turkey.",
"11. In 1991, when he was six years old, the applicant entered Denmark together with his mother and four siblings to join his father. The latter died in 2000.",
"12. On 9 January 2001, by a judgment of the City Court o... | [
"RELEVANT legal framework and practice",
"Relevant domestic lawThe Danish Penal Code",
"The Danish Penal Code",
"The Danish Penal Code",
"75. The relevant articles of the Penal Code read as follows:",
"Article 16",
"“(1) Persons of unsound mind due to a mental disorder or a comparable condition at the t... | health_life |
776 | Jalloh v. Germany | 11 July 2006 (Grand Chamber) | This case concerned the forcible administration of emetics to a drug-trafficker in order to recover a plastic bag he had swallowed containing drugs. The drugs were subsequently used as evidence in the criminal proceedings against him. The applicant claimed in particular that he had been subjected to inhuman and degradi... | The Court reiterated that the Convention did not, in principle, prohibit recourse to a forcible medical intervention that would assist in the investigation of an offence. However, any interference with a person’s physical integrity carried out with the aim of obtaining evidence had to be the subject of rigorous scrutin... | Health | Forcible medical intervention or treatment | [
"I. THE CIRCUMSTANCES OF THE CASE",
"9. The applicant was born in 1965 and lives in Cologne ( Germany ).",
"10. The facts of the case, as submitted by the parties, may be summarised as follows.",
"A. Investigation proceedings",
"11. On 29 October 1993 four plain-clothes policemen observed the applicant on a... | [
"II. RELEVANT DOMESTIC, COMPARATIVE AND INTERNATIONAL LAW AND PRACTICE",
"1. Domestic law and practice",
"( a ) The Basic Law",
"31. Article 1 § 1 of the Basic Law reads as follows:",
"“ The dignity of human beings is inviolable. All public authorities have a duty to respect and protect it. ”",
"32. Artic... | health_life |
777 | R.S. v. Hungary | 2 July 2019 | This case concerned the applicant being forced by the police to take a urine test via a catheter on suspicion of his being under the influence of alcohol or drugs while driving. He complained that the forcible taking of a urine sample from him had constituted inhuman and degrading treatment and a serious intrusion into... | The Court held that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the Convention, finding that the authorities had subjected the applicant to a serious interference with his physical and mental integrity, against his will, without it even having been necessary seeing as a bl... | Health | Forcible medical intervention or treatment | [
"I. THE CIRCUMSTANCES OF THE CASE",
"6. The applicant was born in 1980 and lives in Püspökladány.",
"7. On 6 March 2010 the applicant got into a fight in a car park in front of a nightclub in Püspökladány, apparently under the influence of alcohol and drugs. The incident was reported to Püspökladány police stat... | [
"II. RELEVANT DOMESTIC LAW",
"26. Act no. XXXIV of 1994 on the Police provides as follows:",
"Section 15",
"Principle of proportionality",
"“(1) A police measure shall not cause harm which is obviously disproportionate to its legitimate aim.",
"(2) In the event that there are more appropriate police measu... | health_life |
778 | Šilih v. Slovenia | 9 April 2009 (Grand Chamber) | The applicants’ 20-year-old son, who sought medical assistance for nausea and itching skin, died in hospital in 1993 after he was injected with drugs to which he was allergic. The applicants complained that their son died because of medical negligence and that there had been no effective investigation into his death. | The Court held that there had been a violation of Article 2 (right to life) of the Convention on account of the inefficiency of the Slovenian judicial system in establishing the cause of and liability for the death of the applicant’s son. It observed in particular that the criminal proceedings, and notably the investig... | Health | Medical negligence and liability of health professionals | [
"I. THE CIRCUMSTANCES OF THE CASE",
"10. The applicants, Franja and Ivan Šilih, were born in 1949 and 1940 respectively and live in Slovenj Gradec.",
"11. On 3 May 1993, at some point between midday and 1 p.m., the applicants'twenty-year-old son, Gregor Šilih, sought medical assistance in the Slovenj Gradec Gen... | [
"II. RELEVANT DOMESTIC LAW",
"A. The Criminal Code",
"86. The Criminal Code ( Kazenski zakonik, Official Gazette no. 63/94), as amended, defines, under the heading “Criminal Offences causing Damage to Health” criminal offences concerning injury caused by negligent health care. In addition, Article 129 of the Cr... | health_life |
779 | Oyal v. Turkey | 23 March 2010 | This case concerned the failure to provide a patient, infected with HIV virus by blood transfusions at birth, with full and free medical cover for life. He and his parents alleged in particular that the national authorities had been responsible for his life-threatening condition as they had failed to sufficiently train... | The Court held that there had been a violation of Article 2 (right to life) of the Convention. While it acknowledged the sensitive and positive approach adopted by the national courts, it considered that the most appropriate remedy in the circumstances would have been to have ordered the defendants, in addition to the ... | Health | Medical negligence and liability of health professionals | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicants were born in 1996, 1973 and 1961, respectively, and live in Izmir.",
"A. Infection of the first applicant with the HIV virus",
"6. The first applicant was born prematurely on 6 May 1996 at the Dr Behçet Uz Children's Hospital in Izmir.",
"7. On 7 May 19... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"41 Article 4 of the Law on Blood and Blood Products (Law no. 2857 dated 25 June 1983) provides:",
"“The powers and duties of the Ministry of Health and Social Welfare ... are as follows:",
"...",
"( c) Inspection and supervision of real and corporate entities which... | health_life |
780 | Reynolds v. the United Kingdom | 13 March 2012 | This case concerned the death of the applicant’s son, a psychiatric patient diagnosed with schizophrenia, in 2005 following his fall from the sixth floor of a public care unit. The applicant complained that no effective mechanism had been available to her whereby civil liability could be determined for the alleged negl... | The Court held that there had been a violation of Article 13 (right to an effective remedy) in conjunction with Article 2 (right to life) of the Convention. It noted in particular that it was not until February 2012 that the UK Supreme Court had confirmed in a separate case that an operational duty to protect suicide-r... | Health | Medical negligence and liability of health professionals | [
"5. The present application was introduced by Mrs Patricia Reynolds, a British national born in 1935 who lived in Hebden Bridge. Following the introduction of the application, Mrs Reynolds died and Ms Catherine King (her daughter) continued the case on her behalf. The Court has referred below to Mrs Reynolds as the... | [
"THE LAW",
"I. ALLEGED VIOLATION OF ARTICLE 2 ALONE AND IN CONJUNCTION WITH ARTICLE 13 OF THE CONVENTION",
"42. The applicant complained that she had no effective domestic mechanism whereby issues of civil liability could be determined in respect of the alleged negligent care of her deceased son and through whi... | health_life |
781 | Gray v. Germany | 22 May 2014 | This case concerned the death of a patient in his home in the United Kingdom as a result of medical malpractice by a German doctor, who had been recruited by a private agency to work for the British National Health Service. The patient’s sons complained that the authorities in Germany, where the doctor was tried and co... | The Court held that there had been no violation of Article 2 (right to life) of the Convention, finding that the criminal proceedings in Germany against the doctor responsible for the applicants’ father’s death had been adequate. It accepted in particular that the German trial court had sufficient evidence available to... | Health | Medical negligence and liability of health professionals | [
"I. THE CIRCUMSTANCES OF THE CASE",
"A. Background to the case",
"6. The applicants are brothers. Mr Stuart Gray (the “first applicant”) lives in Blakedown, United Kingdom, whereas Mr Rory Gray (the “second applicant”) lives in Darmstadt, Germany.",
"7. The applicants are the sons of the late David Gray (here... | [
"II. RELEVANT DOMESTIC AND INTERNATIONAL LAW AND PRACTICE",
"A. Relevant German law in connection with the criminal proceedings instituted against U.",
"52. Pursuant to Article 222 of the German Criminal Code ( Strafgesetzbuch ) a person causing the death of another person through negligence shall be liable to ... | health_life |
782 | Vasileva v. Bulgaria | 17 mars 2016 | This case concerned a claim for damages by a patient against a surgeon and hospital following an operation. Various expert medical reports were produced in the proceedings. After examining the reports, the domestic courts found no evidence of negligence by the surgeon. The applicant complained in particular of a lack o... | The Court held that there had been no violation of Article 8 (right to respect for private life) of the Convention, finding that it could not be said that the authorities had not provided the applicant an effective procedure enabling her to obtain compensation for the medical malpractice to which she alleged to have fa... | Health | Medical negligence and liability of health professionals | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1948 and lives in Plovdiv.",
"A. The applicant ’ s illness and the surgery she underwent in 2003",
"6. In January 2000 the applicant, who had been diagnosed with invasive ductal carcinoma, underwent mastectomy of her left breast.",
"7. In the... | [
"II. RELEVANT DOMESTIC LAW",
"A. Damages for medical malpractice",
"44. In Bulgarian law, compensation for damage suffered as a result of medical malpractice can be obtained by bringing a claim for damages against the medical practitioner concerned or his employer. State-owned hospitals do not bear liability un... | health_life |
783 | Ioniță v. Romania | 10 January 2017 | This case concerned the death of the applicants’ four-year-old son following an operation. The applicants complained that the authorities had failed to effectively investigate the incident, despite their repeated claims that it had been caused by the negligence of medical staff. | The Court held that there had been a violation of Article 2 (right to life) of the Convention under its procedural head, finding that there had not been a proper investigation into the death of the applicants’ son, for the following reasons in particular. First, the medical authorities had failed to provide an addition... | Health | Medical negligence and liability of health professionals | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicants, Dorina and Viorel-Aurel [2] Ioniță, were born in 1976 and 197 2 respectively and live in Brăila.",
"A. Death of the applicants ’ son",
"6. On 7 November 2005 the applicants ’ son, aged four years and nine months at that time, underwent surgery for the re... | [
"II. RELEVANT DOMESTIC LAW",
"53. The relevant legal provisions and the domestic case-law and practice concerning the delivery of forensic reports, as well as the liability of medical staff, are described in Eugenia Lazăr v. Romania (no. 32146/05, §§ 41-54, 16 February 2010).",
"54. Law no. 95/2006 introduced t... | health_life |
784 | Lopes de Sousa Fernandes v. Portugal | 19 December 2017 (Grand Chamber) | This case concerned the death of the applicant’s husband following nasal polyp surgery and the subsequent procedures opened for various instances of medical negligence. The applicant alleged that her husband’s death had been caused by negligence and carelessness on the part of the medical staff, and that the authoritie... | The Grand Chamber held that there had been no violation of the substantive limb of Article 2 (right to life) of the Convention with regard to the applicant’s husband’s death. It considered in particular that the present case concerned allegations of medical negligence rather than denial of treatment. That being so, Por... | Health | Medical negligence and liability of health professionals | [
"I. THE CIRCUMSTANCES OF THE CASE",
"10. The applicant was born in 1969 and lives in Vila Nova de Gaia. The applicant ’ s husband, Mr António Rui Calisto Fernandes, was born in 1957. He died on 8 March 1998 following a series of medical problems that occurred after he had undergone minor surgery for the removal o... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. Criminal law",
"80. The relevant provisions of the Criminal Code read as follows:",
"Article 137",
"“1. Anyone who kills another person through negligence shall be punishable by imprisonment for a period of up to three years or to a fine.",
"2. Gross negligenc... | health_life |
785 | Petrova v. Latvia | 24 June 2014 | Having sustained life-threatening injuries in a car accident, the applicant’s son was taken to hospital, where he died. Shortly afterwards, a laparotomy was performed on his body, in the course of which his kidneys and spleen were removed for organ-transplantation purposes. The applicant alleged that the removal of her... | The Court held that there had been a violation of Article 8 (right to respect for private and family life) of the Convention. It found that the Latvian law in the area of organ transplantation as applied at the time of the death of the applicant’s son had not been sufficiently clear and had resulted in circumstances wh... | Health | Organ transplantation | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1955 and lives in Riga. She is the mother of Mr Oļegs Petrovs (the applicant ’ s son), a Latvian national who was born in 1979 and who died on 29 May 2002.",
"A. Events leading to the organ transplantation",
"6. On 26 May 2002 at approximately ... | [
"II. RELEVANT INTERNATIONAL DOCUMENTS AND DOMESTIC LAW",
"A. The Council of Europe documents",
"27. On 11 May 1978 the Committee of Ministers of the Council of Europe adopted Resolution (78) 29 on harmonisation of legislations of member states relating to removal, grafting and transplantation of human substance... | health_life |
786 | Elberte v. Latvia | 13 January 2015 | This case concerned the removal of body tissue from the applicant’s deceased husband by forensic experts after his death, without her knowledge or consent. Unknown to the applicant, pursuant to a State-approved agreement, tissue had been removed from her husband’s body after her husband’s autopsy and sent to a pharmace... | The Court held that there had been a violation of Article 8 (right for respect to private and family life) and a violation of article 3 (prohibition of inhuman or degrading treatment) of the Convention. It found in particular that Latvian law regarding the operation of the consent requirement on tissue removal lacked c... | Health | Organ transplantation | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1969 and lives in Sigulda. She is the widow of Mr Egils Elberts ( “ the applicant ’ s husband ” ), a Latvian national who was born in 1961 and who died on 19 May 2001.",
"A. Events leading to the applicant knowing that tissue had been removed fro... | [
"II. RELEVANT INTERNATIONAL DOCUMENTS AND DOMESTIC LAW",
"A. Council of Europe documents",
"34. On 11 May 1978 the Committee of Ministers of the Council of Europe adopted Resolution (78) 29 on harmonisation of legislations of member States relating to removal, grafting and transplantation of human substances, w... | health_life |
787 | Polat v. Austria | 20 July 2021 | The applicant’s son was born prematurely and died two days later. He had been diagnosed with a rare disease so the treating doctors decided that a post-mortem examination would be necessary to clarify the diagnosis. The applicant and her husband refused on religious grounds and explained that they wished to bury their ... | The Court held that there had been a violation of Article 9 (freedom of thought, conscience and religion) of the Convention, finding that, albeit the wide margin of appreciation afforded to the domestic authorities, in the instant case they had not struck a fair balance between the competing interests at stake by recon... | Health | Organ transplantation | [
"THE CIRCUMSTANCES OF THE CASE",
"2. The applicant was born in 1974 and lives in Bregenz. She was represented by Mr K.P. Pichler, a lawyer practising in Dornbirn.",
"3. The Austrian Government (“the Government”) were represented by their Agent, Mr H. Tichy, Ambassador, Head of the International Law Department a... | [
"THE LAW",
"ALLEGED VIOLATION OF ARTICLES 8 AND 9 OF THE CONVENTION RELATING TO THE POST-MORTEM EXAMINATION",
"47. The applicant complained under Articles 8 and 9 of the Convention that the carrying out of the post-mortem on her son’s body against her will had violated both her right to respect for her private ... | health_life |
788 | Open Door and Dublin Well Woman v. Ireland | 29 October 1992 | The applicants were two Irish companies which complained about being prevented, by means of a court injunction, from providing to pregnant women information about abortion abroad. | The Court held that there had been a violation of Article 10 (freedom of expression) of the Convention. It found that the restriction imposed on the applicant companies had created a risk to the health of women who did not have the resources or education to seek and use alternative means of obtaining information about ... | Health | Providing medical information to the public | [
"I. INTRODUCTION",
"A. The applicants",
"9. The applicants in this case are (a) Open Door Counselling Ltd (hereinafter referred to as Open Door), a company incorporated under Irish law, which was engaged, inter alia, in counselling pregnant women in Dublin and in other parts of Ireland; and (b) Dublin Well Woma... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE CONCERNING PROTECTION OF THE UNBORN",
"A. Constitutional protection",
"28. Article 40.3.3 o of the Irish Constitution (the Eighth Amendment), which came into force in 1983 following a referendum, reads:",
"\"The State acknowledges the right to life of the unborn and, wi... | health_life |
789 | Panaitescu v. Romania | 10 April 2012 | The applicant alleged in particular that the authorities had cynically and abusively refused to enforce final court decisions acknowledging his father’s right to appropriate free medical treatment, and that this had put his life at risk. | The Court held that there had been a procedural violation of Article 2 (right to life) of the Convention on account of the Romanian authorities’ failure to provide the applicant’s father with the specific anti-cancerous medication he needed for free, in accordance with the domestic courts’ judgments. | Health | Refund of medical expenses | [
"I. THE CIRCUMSTANCES OF THE CASE",
"7. Mr Ştefan Panaitescu (“the applicant”) was a Romanian national, born in 1944, who lived in Alejd, Bihor County. On 3 December 2006, he died and the application was continued by his son Mr Alexandru Leonard Panaitescu.",
"A. Civil actions seeking the acknowledgement and en... | [
"II. RELEVANT DOMESTIC LAW",
"19. Law no. 189/2000 provides for damages for persons persecuted on ethnic grounds who are refugees from the territories occupied during the Second World War. Section 5 (a) provides that persons whose cases are regulated by sections 1 and 3 “shall benefit from priority free medical c... | health_life |
813 | Glor v. Switzerland | 30 April 2009 | The applicant, who suffered from diabetes and was declared unfit for military service by a military doctor, was nevertheless required to pay a tax for not doing his military service. He considered this as discrimination and argued that he was quite willing to do military service but was prevented from doing it, yet nev... | The Court considered that there was a European and worldwide consensus on the need to protect people with disabilities from discriminatory treatment. It held that in the present case there had been a violation of Article 14 (prohibition of discrimination) taken in conjunction with Article 8 (right to respect for privat... | Taxation and the European Convention on Human Rights | Prohibition of discrimination (Article 14 of the Convention) | [
"I. THE CIRCUMSTANCES OF THE CASE",
"10. The applicant was born in 1978 and lives in Dällikon ( Canton of Zürich). By his own account, he is a lorry driver.",
"11. On 14 March 1997 a military doctor declared him unfit for military service as he was suffering from type 1 diabetes ( diabetes mellitus ).",
"12. ... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. Domestic law and practice",
"1. The obligation to serve and the exemption tax in Swiss law",
"27. Article 59 § 1 of the Federal Constitution provides the foundation for compulsory military service in Switzerland. It reads as follows :",
"Article 59: Military ser... | economy_labour |
832 | Kopp v. Switzerland | 25 March 1998 | This case concerned the monitoring of the applicant’s law firm’s telephone lines on orders of the Federal Public Prosecutor. | The Court held that there had been a violation of Article 8 of the Convention, finding that Swiss law did not indicate with sufficient clarity the scope and manner of exercise of the authorities’ discretion in the matter. The Court consequently considered that the applicant, as a lawyer, had not enjoyed the minimum deg... | Personal data protection | Interception of communications, phone tapping and secret surveillance | [
"I. the CIRCUMSTANCES OF THE CASE",
"6. Mr Hans W. Kopp, a Swiss national born in 1931, was formerly a lawyer and lives in Zürich (Switzerland).",
"A. Background to the case",
"7. The applicant’s wife, Mrs Elisabeth Kopp, was a member of the Federal Council and head of the Federal Department of Justice and Po... | [
"II. RELEVANT DOMESTIC LAW",
"A. The Swiss Criminal Code",
"34. Under Article 320 § 1 of the Swiss Criminal Code, any person who discloses a secret entrusted to him in the capacity of civil servant makes himself liable to imprisonment or a fine. Under Article 340 § 1 (7), the offence comes under the jurisdictio... | technology_data |
842 | Liberty and Others v. the United Kingdom | 1 July 2008 (judgment) | The applicants, a British and two Irish civil liberties’ organisations, alleged that, between 1990 and 1997, their telephone, facsimile, e-mail and data communications, including legally privileged and confidential information, were intercepted by an Electronic Test Facility operated by the British Ministry of Defence.... | The Court held that there had been a violation of Article 8 of the Convention. It did not consider that the domestic law at the relevant time indicated with sufficient clarity, so as to provide adequate protection against abuse of power, the scope or manner of exercise of the very wide discretion conferred on the autho... | Mass surveillance | [
"THE CIRCUMSTANCES OF THE CASE",
"1. The alleged interception of communications",
"5. The applicants alleged that in the 1990s the Ministry of Defence operated an Electronic Test Facility (“ETF”) at Capenhurst, Cheshire, which was built to intercept 10,000 simultaneous telephone channels coming from Dublin to L... | [
"THE LAW",
"I. ALLEGED VIOLATION OF ARTICLE 8 OF THE CONVENTION",
"41. The applicants complained about the interception of their communications, contrary to Article 8 of the Convention :",
"“1. Everyone has the right to respect for his private and family life, his home and his correspondence.",
"2. There sh... | technology_data | |
843 | Kennedy v. the United Kingdom | 18 May 2010 | Convicted of manslaughter – in a case which was controversial on account of missing and conflicting evidence – and released from prison in 1996, the applicant subsequently became active in campaigning against miscarriages of justice. Suspecting police interception of his communications after he had started a small busi... | The Court held that there had been no violation of Article 8 of the Convention, finding that UK law on interception of internal communications together with the clarifications brought by the publication of a Code of Practice indicated with sufficient clarity the procedures for the authorisation and processing of interc... | Personal data protection | Interception of communications, phone tapping and secret surveillance | [
"I. THE CIRCUMSTANCES OF THE CASE",
"A. Background facts",
"5. On 23 December 1990, the applicant was arrested for drunkenness and taken to Hammersmith Police Station. He was held overnight in a cell shared by another detainee, Patrick Quinn. The next day, Mr Quinn was found dead with severe injuries. The appli... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. Applicable legislation",
"1. Subject access requests under the Data Protection Act (“DPA”) 1998",
"21. Section 7(1) DPA grants individuals the right to request details of any information about them held by persons or organisations which record, store, or process p... | technology_data |
844 | Roman Zakharov v. Russia | 4 December 2015 (judgment – Grand Chamber) | This case concerned the system of secret interception of mobile telephone communications in Russia. The applicant, an editor-in-chief of a publishing company, complained in particular that mobile network operators in Russia were required by law to install equipment enabling law-enforcement agencies to carry out operati... | The Court held that there had been a violation of Article 8 of the Convention, finding that the Russian legal provisions governing interception of communications did not provide for adequate and effective guarantees against arbitrariness and the risk of abuse which was inherent in any system of secret surveillance, and... | Mass surveillance | [
"I. THE CIRCUMSTANCES OF THE CASE",
"7. The applicant was born in 1977 and lives in St Petersburg.",
"8. The applicant is the editor-in-chief of a publishing company and of an aviation magazine. He is also the chairperson of the St Petersburg branch of the Glasnost Defence Foundation, a non-governmental organis... | [
"II. RELEVANT DOMESTIC LAW",
"A. Right to respect for private life and correspondence",
"15. The Constitution guarantees to everyone the right to respect for his private life, personal and family secrets and the right to defend his honour and reputation (Article 23 § 1). It further guarantees the right to respe... | technology_data | |
845 | Breyer v. Germany | 30 January 2020 (judgment) | In accordance with 2004 amendments to the German Telecommunications Act companies had to collect and store the personal details of all their customers, including users of pre-paid SIM cards, which had not previously been required. The applicants, civil liberties activists and critics of State surveillance, were users o... | The Court held that there had been no violation of Article 8 of the Convention, finding that, overall, Germany had not overstepped the limits of its discretion (“margin of appreciation”) it had in applying the law concerned, when choosing the means to achieve the legitimate aims of protecting national security and figh... | Mass surveillance | [
"I. THE CIRCUMSTANCES OF THE CASE",
"A. Background to the case",
"6. The applicants were born in 1977 and 1982 respectively and live in Wald-Michelbach. Both applicants were involved in a civil-liberties union which campaigned against the general retention of telecommunications data. In that context both applic... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. The Basic Law",
"24. The provisions of the Basic Law, in so far as relevant for the present case, read:",
"Article 1",
"“1. Human dignity shall be inviolable. To respect and protect it shall be the duty of all State authority. ...”",
"Article 2",
"“1. Every ... | technology_data | |
846 | Centrum För Rättvisa v. Sweden | 25 May 2021 (judgment – Grand Chamber) | This case concerned the alleged risk that the applicant foundation’s communications had been or would be intercepted and examined by way of signals intelligence, as it communicated on a daily basis with individuals, organisations and companies in Sweden and abroad by email, telephone and fax, often on sensitive matters... | The Grand Chamber held, by fifteen votes to two, that there had been a violation of Article 8 of the Convention. It found, in particular, that although the main features of the Swedish bulk interception regime met the Convention requirements on quality of the law, the regime nevertheless suffered from three defects: th... | Mass surveillance | [
"10. The applicant, Centrum för rättvisa, is a foundation established in 2002. It has its headquarters in Stockholm.",
"11. The applicant represents clients in proceedings concerning rights and freedoms under the Convention or related proceedings under Swedish law. It is also involved in education and research pr... | [
"RELEVANT LEGAL FRAMEWORK AND PRACTICE",
"DOMESTIC LAW AND PRACTICEGenerally on signals intelligence",
"Generally on signals intelligence",
"Generally on signals intelligence",
"14. Signals intelligence can be defined as intercepting, processing, analysing and reporting intelligence from electronic signals.... | technology_data | |
847 | Ekimdzhiev and Others v. Bulgaria | 11 January 2022 (judgment) | The applicants – two lawyers and two non-governmental organisations – alleged, in particular, that under the system of secret surveillance in Bulgaria the communications of anyone in the country could be intercepted, and that under the system of retention and subsequent accessing of communications data the communicatio... | The Court held that there had been a violation of Article 8 of the Convention, in respect of secret surveillance, finding that the relevant legislation governing secret surveillance, especially as applied in practice, did not meet the quality-of-law requirement of the Convention and was unable to keep surveillance to o... | Mass surveillance | [
"2. The four applicants are two lawyers and two non-governmental organisations related to them.",
"3. The first applicant, Mr Ekimdzhiev, was born in 1964 and lives in Plovdiv. He is a lawyer whose practice includes acting as counsel in various domestic cases and representing applicants before this Court.",
"4.... | [
"RELEVANT BULGARIAN LAW AND PRACTICE",
"SPECIAL MEANS OF SURVEILLANCEMeaning of the term “special means of surveillance” and most common types of surveillance techniques",
"Meaning of the term “special means of surveillance” and most common types of surveillance techniques",
"Meaning of the term “special mean... | technology_data | |
848 | Haščák v. Slovakia | 23 June 2022 (judgment) | This case concerned a surveillance operation (“the Gorilla operation”) carried out in 2005 and 2006 by the Slovak Intelligence Service (SIS) and the intelligence material obtained by it. The applicant – a prominent businessman associated with an influential finance group and a business partner of the applicant in the c... | Zoltán Varga v. Slovakia | Mass surveillance | [
"2. The applicant was born in 1969 and lives in Bratislava. He was represented by Škubla & Partneri s.r.o., a law firm with its registered office in Bratislava.",
"3. The Government were represented by their Agents, Ms M. Pirošíková, who was succeeded by Ms M. Bálintová.",
"4. The facts of the case may be summa... | [
"RELEVANT LEGAL FRAMEWORK AND PRACTICE",
"62. The relevant legal framework and practice are summarised in the Court’s judgment in the case of Zoltán Varga (cited above, §§ 66-83).",
"THE LAW",
"PRELIMINARY REMARKS",
"63. In its Zoltán Varga judgment, the Court made, inter alia, the following preliminary rem... | technology_data | |
849 | Uzun v. Germany | 2 September 2010 | The applicant, suspected of involvement in bomb attacks by a left-wing extremist movement, complained in particular that his surveillance via GPS and the use of the data obtained thereby in the criminal proceedings against him had violated his right to respect for private life. | The Court held that there had been no violation of Article 8 of the Convention. The GPS surveillance and the processing and use of the data thereby obtained had admittedly interfered with the applicant’s right to respect for his private life. However, the Court noted, it had pursued the legitimate aims of protecting na... | Personal data protection | GPS data | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1967 and lives in Mönchengladbach.",
"A. Background to the case",
"6. In spring 1993 the North Rhine-Westphalia Department for the Protection of the Constitution ( Verfassungsschutz ) started a long-term observation of the applicant. The latter... | [
"II. RELEVANT DOMESTIC LAW",
"29. Article 100c § 1 no. 1 was inserted into the Code of Criminal Procedure by the Act on the fight against drug trafficking and other forms of organised crime ( Gesetz zur Bekämpfung des illegalen Rauschgifthandels und anderer Erscheinungsformen der organisierten Kriminalität ) of 1... | technology_data |
850 | Uzun v. Germany | 2 September 2010 | The applicant, suspected of involvement in bomb attacks by a left-wing extremist movement, complained in particular that his surveillance via GPS and the use of the data obtained thereby in the criminal proceedings against him had violated his right to respect for private life. | The Court held that there had been no violation of Article 8 (right to respect for private life) of the Convention. Given that the criminal investigation had concerned very serious crimes, it found that the GPS surveillance of the applicant had been proportionate. | New technologies | GPS (Global Positioning System) | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1967 and lives in Mönchengladbach.",
"A. Background to the case",
"6. In spring 1993 the North Rhine-Westphalia Department for the Protection of the Constitution ( Verfassungsschutz ) started a long-term observation of the applicant. The latter... | [
"II. RELEVANT DOMESTIC LAW",
"29. Article 100c § 1 no. 1 was inserted into the Code of Criminal Procedure by the Act on the fight against drug trafficking and other forms of organised crime ( Gesetz zur Bekämpfung des illegalen Rauschgifthandels und anderer Erscheinungsformen der organisierten Kriminalität ) of 1... | technology_data |
851 | Malone v. the United Kingdom | 2 August 1984 | Charged with a number of offences relating to dishonest handling of stolen goods, the applicant complained in particular of the interception of his postal and telephone communications by or on behalf of the police, and of the “metering” of his telephone (a process involving the use of a device which registers the numbe... | The Court held that there had been a violation of Article 8 of the Convention, as regards both interception of communications and release of records of metering to the police, because they had not been in accordance with the law. | Personal data protection | Interception of communications, phone tapping and secret surveillance | [
"I. PARTICULAR CIRCUMSTANCES OF THE CASE",
"12. Mr. James Malone was born in 1937 and is resident in Dorking, Surrey. In 1977, he was an antique dealer. It appears that he has since ceased business as such.",
"13. On 22 March 1977, Mr. Malone was charged with a number of offences relating to dishonest handling ... | [
"II. RELEVANT LAW AND PRACTICE",
"A. Introduction",
"19. The following account is confined to the law and practice in England and Wales relating to the interception of communications on behalf of the police for the purposes of the prevention and detection of crime. The expression \"interception\" is used to mea... | technology_data |
852 | Kruslin v. France | 24 April 1990 | This case concerned a telephone tapping ordered by an investigating judge in a murder case. | The Court held that there had been a violation of Article 8 of the Convention, finding that French law did not indicate with reasonable clarity the scope and manner of exercise of the authorities’ discretion in this area. This was truer still at the material time, so that the Court considered that the applicant had not... | Personal data protection | Interception of communications, phone tapping and secret surveillance | [
"I. CIRCUMSTANCES OF THE CASE",
"8. Mr Jean Kruslin, who is unemployed and has no fixed abode, is currently in custody at Fresnes (Val-de-Marne).",
"9. On 8 and 14 June 1982 an investigating judge at Saint- Gaudens (Haute- Garonne ), who was inquiring into the murder of a banker, Mr Jean Baron, at Montréjeau on... | [
"II. THE RELEVANT LEGISLATION AND CASE-LAW",
"15. French criminal law adopts the principle that any kind of evidence is admissible: \"unless otherwise provided by statute, any type of evidence shall be admissible to substantiate a criminal charge ...\" (Article 427 of the Code of Criminal Procedure).",
"There i... | technology_data |
853 | Amann v. Switzerland | 16 February 2000 (Grand Chamber) | This case concerned a telephone call to the applicant from the former Soviet embassy – to order a depilatory appliance advertised by him – intercepted by the public prosecutor’s office, which requested the intelligence service to draw up a file on the applicant. | The Court held that there had been a violation of Article 8 of the Convention on account of the recording of the telephone call and a violation of the same provision on account of the creation and storage of the file, finding that these interferences with the applicant’s right to respect for his private life were not i... | Personal data protection | Interception of communications, phone tapping and secret surveillance | [
"I. THE CIRCUMSTANCES OF THE CASE",
"7. The applicant, who was born in 1940, is a businessman living in Switzerland. In the early 1980s he imported depilatory appliances into Switzerland which he advertised in magazines.",
"8. On 12 October 1981 a woman telephoned the applicant from the former Soviet embassy in... | [
"II. RELEVANT DOMESTIC LAW",
"A. The Federal Constitution",
"31. The relevant provisions of the Federal Constitution in force at the material time were worded as follows:",
"Article 102",
"“The powers and duties of the Federal Council, as referred to in the present Constitution, are the following, among oth... | technology_data |
854 | Taylor-Sabori v. the United Kingdom | 22 October 2002 | This case concerned in particular the interception by the police, as part of a covert surveillance operation, of messages sent to the applicant’s pager. | The Court held there had been a violation of Article 8 of the Convention. Noting in particular that, at the time of the events in question, there was no statutory system to regulate the interception of pager messages transmitted via a private telecommunication system, it found, as the UK Government had accepted, that t... | Personal data protection | Interception of communications, phone tapping and secret surveillance | [
"I. THE CIRCUMSTANCES OF THE CASE",
"8. The facts of the case, as submitted by the parties, may be summarised as follows.",
"9. Between August 1995 and the applicant’s arrest on 21 January 1996, he was the target of surveillance by the police. Using a “clone” of the applicant’s pager, the police were able to in... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"14. By section 1 (1) of the 1985 Act, anyone who intentionally intercepts a communication in the course of its transmission by means of a public communications system is guilty of a criminal offence, unless the interception is carried out pursuant to a warrant issued in ... | technology_data |
855 | Dragojević v. Croatia | 15 January 2015 | This case principally concerned the secret surveillance of telephone conversations of a drug-trafficking suspect. The applicant alleged in particular that the investigating judge had failed to comply with the procedure required by Croatian law to effectively assess whether the use of secret surveillance was necessary a... | The Court held that there had been a violation of Article 8 of the Convention. It found in particular that Croatian law, as interpreted by the national courts, did not provide reasonable clarity as to the authorities’ discretion in ordering surveillance measures and it did not in practice – as applied in the applicant’... | Personal data protection | Interception of communications, phone tapping and secret surveillance | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1982 and lives in Vela Luka.",
"6. He worked as a sailor on an ocean carrier for a shipping company headquartered in Croatia.",
"A. Investigation",
"7. In 2007 the police and the State Attorney ’ s Office for the Suppression of Corruption and... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. Relevant domestic law",
"1. Constitution",
"52. The relevant provisions of the Constitution of the Republic of Croatia ( Ustav Republike Hrvatske, Official Gazette nos. 56/1990, 135/1997, 8/1998, 113/2000, 124/2000, 28/2001, 41/2001, 55/2001, 76/2010 and 85/2010) ... | technology_data |
856 | R.E. v. the United Kingdom | 27 October 2015 | The applicant, who was arrested and detained in Northern Ireland on three occasions in connection with the murder of a police officer, complained in particular about the regime for covert surveillance of consultations between detainees and their lawyers and between vulnerable detainees4 and “appropriate adults”5. | This case was considered from the standpoint of the principles developed by the Court in the area of interception of lawyer-client telephone calls, which call for stringent safeguards. The Court found that those principles should be applied to the covert surveillance of lawyer-client consultations in a police station. ... | Personal data protection | Interception of communications, phone tapping and secret surveillance | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1989 and lives in Newtownabbey, Northern Ireland.",
"A. Background",
"6. In 2006 a solicitor in Northern Ireland was arrested and charged with a number of offences, including inciting paramilitaries to murder and perverting the course of justic... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. The interception, acquisition and disclosure of communication data",
"31. The provisions of domestic law which govern the interception, acquisition and disclosure of communication data (including Part I of the Regulation of Investigatory Powers Act 2000 (“RIPA”) tog... | technology_data |
857 | Benedik v. Slovenia | 24 April 2018 | This case concerned the Slovenian police’s failure to obtain a court order to access subscriber information associated with a dynamic IP address recorded by the Swiss law-enforcement authorities during their monitoring of users of a certain file-sharing network. This led to the applicant being identified after he had s... | The Court held that there had been a violation of Article 8 of the Convention. It found in particular that the legal provision used by the police to obtain the subscriber information associated with the dynamic IP address had not met the Convention standard of being “in accordance with the law”. The provision had lacke... | Personal data protection | Interception of communications, phone tapping and secret surveillance | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1977 and lives in Kranj.",
"A. The investigation",
"6. In 2006 the Swiss law - enforcement authorities of the Canton of Valais conducted a monitoring exercise of users of the so-called “Razorback” network. The Swiss police established that some... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. The Constitution",
"35. Articles 37 and 38 of the Constitution, which provide for the protection of privacy of correspondence and other means of communication and the protection of personal data, respectively, provide as follows:",
"Article 37",
"“The privacy of... | technology_data |
858 | Hambardzumyan v. Armenia | 5 December 2019 | The applicant alleged that the police had not had a valid court warrant to place her under secret surveillance during a criminal investigation. She complained in particular about the covert surveillance and its subsequent use in the criminal proceedings against her. | The Court held that there had been a violation of Article 8 of the Convention, finding that the surveillance measure used against the applicant had not had proper judicial supervision and had not been “in accordance with the law” within the meaning of the Convention. It noted in particular that the warrant had not been... | Personal data protection | Interception of communications, phone tapping and secret surveillance | [
"THE CIRCUMSTANCES OF THE CASE",
"5. The applicant was born in 1956 and lived in Yerevan prior to her detention. At the time when the applicant lodged her application with the Court she was serving her sentence in Abovyan correctional facility.",
"6. The applicant worked as the deputy chief of the women ’ s uni... | [
"THE LAW",
"ALLEGED VIOLATION OF ARTICLE 8 OF THE CONVENTION",
"35. The applicant complained that her secret surveillance had been in violation of the guarantees of Article 8 of the Convention, which reads as follows:",
"“1. Everyone has the right to respect for his private and family life, his home and his c... | technology_data |
859 | Bărbulescu v. Romania | 5 September 2017 (Grand Chamber) | This case concerned the decision of a private company to dismiss an employee – the applicant – after monitoring his electronic communications and accessing their contents. The applicant complained that his employer’s decision was based on a breach of his privacy and that the domestic courts had failed to protect his ri... | The Grand Chamber held, by eleven votes to six, that there had been a violation of Article 8 (right to respect for private life and correspondence) of the Convention, finding that the Romanian authorities had not adequately protected the applicant’s right to respect for his private life and correspondence. They had con... | New technologies | Internet | [
"I. THE CIRCUMSTANCES OF THE CASE",
"10. The applicant was born in 1979 and lives in Bucharest.",
"11. From 1 August 2004 to 6 August 2007 he was employed in the Bucharest office of S., a Romanian private company (“the employer”), as a sales engineer. At his employer’s request, for the purpose of responding to ... | [
"II. RELEVANT DOMESTIC LAW",
"A. The Constitution",
"32. The relevant parts of the Romanian Constitution provide:",
"Article 26",
"“1. The public authorities shall respect and protect intimate, family and private life.”",
"Article 28",
"“The secrecy of letters, telegrams, other postal communications, te... | technology_data |
860 | Libert v. France | 22 February 2018 | This case concerned the dismissal of an SNCF (French national railway company) employee after the seizure of his work computer had revealed the storage of pornographic files and forged certificates drawn up for third persons. The applicant complained in particular that his employer had opened, in his absence, personal ... | The Court held that there had been no violation of Article 8 (right to respect for private life) of the Convention, finding that in the present case the French authorities had not overstepped the margin of appreciation available to them. The Court noted in particular that the consultation of the files by the applicant’... | New technologies | Electronic data | [
"I. THE CIRCUMSTANCES OF THE CASE",
"6. The applicant was born in 1958 and lives in Louvencourt.",
"7. He was hired in 1976 by the French national railway company ( Société nationale des chemins de fer – “the SNCF” ), where he last worked as Deputy Head of the Amiens Regional Surveillance Unit. He stated that i... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"17. Articles L. 1121-1 and L. 1321-3 of the Labour Code read as follows :",
"Article L. 1121-1",
"“ No one shall restrict the rights of persons or individual and collective liberties in a manner that is neither justified by the nature of the task to be performed nor ... | technology_data |
861 | P.G. and J.H. v. the United Kingdom | 25 September 2001 | This case concerned in particular the recording of the applicants’ voices at a police station, following their arrest on suspicion of being about to commit a robbery. | The Court held that there had been a violation of Article 8 of the Convention concerning the use of covert listening devices at the police station. Noting in particular that, at the relevant time, there existed no statutory system to regulate the use of covert listening devices by the police on their own premises, the ... | Personal data protection | Voice samples | [
"I. THE CIRCUMSTANCES OF THE CASE",
"8. On 28 February 1995 Detective Inspector Mann (D.I. Mann), received information that an armed robbery of a Securicor Ltd cash-collection van was going to be committed on or around 2 March 1995 by the first applicant and B. at one of several possible locations. The police kne... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. The Home Office Guidelines",
"24. At the relevant time, guidelines on the use of equipment in police surveillance operations (The Home Office Guidelines of 1984) provided that only chief constables or assistant chief constables were entitled to give authority for th... | technology_data |
862 | Antović and Mirković v. Montenegro | 28 November 2017 | This case concerned an invasion of privacy complaint by two professors at the University of Montenegro’s School of Mathematics after video surveillance had been installed in areas where they taught. They stated that they had had no effective control over the information collected and that the surveillance had been unla... | The Court held that there had been a violation of Article 8 (right to respect for private life) of the Convention, finding that the camera surveillance had not been in accordance with the law. It first rejected the Government’s argument that the case was inadmissible because no privacy issue had been at stake as the ar... | New technologies | Video surveillance | [
"I. THE CIRCUMSTANCES OF THE CASE",
"5. The applicants were born in 1969 and 1961 respectively and live in Podgorica.",
"A. Video surveillance",
"6. On 1 February 2011 the Dean of the School of Mathematics of the University of Montenegro ( Prirodno-matematički fakultet ), at a session of the School ’ s counci... | [
"II. RELEVANT DOMESTIC LAW",
"A. Constitution of Montenegro 2007 ( Ustav Crne Gore; published in the Official Gazette of Montenegro - OGM - no. 01/07)",
"18. Article 40 provides that everyone has the right to respect for their private and family life.",
"19. Article 43 provides that everyone has the right to ... | technology_data |
863 | López Ribalda and Others v. Spain | 17 October 2019 (Grand Chamber) | This case concerned the covert video-surveillance of employees which led to their dismissal. The applicants complained about the covert video-surveillance and the Spanish courts’ use of the data obtained to find that their dismissals had been fair. The applicants who signed settlement agreements also complained that th... | The Grand Chamber held that there had been no violation of Article 8 of the Convention in respect of the five applicants. It found in particular that the Spanish courts had carefully balanced the rights of the applicants – supermarket employees suspected of theft – and those of the employer, and had carried out a thoro... | Personal data protection | Video surveillance | [
"THE CIRCUMSTANCES OF THE CASEThe applicants’ dismissal",
"The applicants’ dismissal",
"The applicants’ dismissal",
"10. At the time of the relevant events, the applicants were all working in a supermarket of the M. chain situated in Sant Celoni (Barcelona province). The first three applicants were cashiers, ... | [
"THE LAW",
"PRELIMINARY ISSUESLocus standi",
"Locus standi",
"Locus standi",
"71. The Court observes that the second applicant, Ms A. Gancedo Giménez, died on 25 October 2018, while the case was pending before the Grand Chamber. Her husband and legal heir, Mr J. López Martínez, expressed his wish to continu... | technology_data |
864 | Perry v. the United Kingdom | 17 July 2003 | The applicant was arrested in connection with a series of armed robberies of mini-cab drivers and released pending an identification parade. When he failed to attend that and several further identification parades, the police requested permission to video him covertly. The applicant complained that the police had cover... | The Court held that there had been a violation of Article 8 of the Convention. It noted that there had been no indication that the applicant had had any expectation that footage would be taken of him in the police station for use in a video identification procedure and, potentially, as evidence prejudicial to his defen... | Personal data protection | In the context of criminal justice | [
"I. THE CIRCUMSTANCES OF THE CASE",
"7. The applicant was born in 1964 and is currently detained in HM Prison Brixton.",
"8. In 1997, there were a series of armed robberies of mini-cab drivers in and around Wolverhampton. Each robbery was carried out in the same way by a person posing as a passenger at night. E... | [
"II. RELEVANT DOMESTIC LAW AND PRACTICE",
"A. The Home Office Guidelines",
"23. Guidelines on the use of equipment in police surveillance operations (the Home Office Guidelines of 1984) provide that only chief constables or assistant chief constables are entitled to give authority for the use of such devices. T... | technology_data |
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