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381	Personal space in multi-occupancy cell and prison overcrowding	Detention conditions and treatment of prisoners Personal space in multi-occupancy cell and prison overcrowding [SEP] II. RELEVANT DOMESTIC LAW AND PRACTICE A. Relevant domestic law 1. Constitution 41. The relevant provisions of the Constitution of the Republic of Croatia ( Ustav Republike Hrvatske, Official Gazette nos...	The Court confirmed that 3 sq. m of surface area per detainee in a multi-occupancy cell was the prevalent norm in its case-law, being the applicable minimum standard for the purposes of Article 3 (prohibition of inhuman or degrading treatment) of the Convention. When that area fell below 3 sq. m, the lack of personal s...
452	Treatment of disabled prisoners	Prisoners’ health-related rights Treatment of disabled prisoners [SEP] II. RELEVANT DOMESTIC LAW AND PRACTICE A. Suspension of the execution of a sentence on medical grounds 27. Article 720-1-1 of the Code of Criminal Procedure was worded as follows at the material time: “Unless there is a serious risk of reoffending, ...	The Court held that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the Convention. It found in particular that, although the applicant’s continuing detention did not in itself constitute inhuman or degrading treatment in the light of his disability, the inadequacy of the phys...
394	Medical care / treatment during hunger strike	Hunger strikes in detention Medical care / treatment during hunger strike [SEP] II. RELEVANT DOMESTIC LAW 44. The Police Prison Internal Rules ( Polizeigefangenenhaus-Hausordnung – “the Prison Rules” ), set out in an ordinance of the Federal Minister of the Interior of 28 September 1988, Federal Law Gazette no. 566/198...	The Court noted in particular that the applicant, who had already been on hunger strike (with the risks that that implied such as loss of consciousness) for three weeks, had been placed in solitary confinement based on the assessment of a paramedic who had received only basic training, and had been refused access to a ...
900	Persons arrested or under criminal prosecution	Right to the protection of one’s image Persons arrested or under criminal prosecution [SEP] II. RELEVANT DOMESTIC LAW 65. The Criminal Code provides that torture is punishable with up to seven years ’ imprisonment (Article 117 § 2) and kidnapping with up to twenty years ’ imprisonment (Article 126 § 3). 66. The RSFSR C...	The Court held that there had been a violation of Article 8 (right to respect for private life) of the Convention, finding that, in the circumstances of the present case, the release of the first applicant’s photograph from the criminal file to the press had not pursued any of the legitimate aims enumerated in paragrap...
295	Victims of terrorist acts	Terrorism and the European Convention on Human Rights Victims of terrorist acts [SEP] THE LAW ALLEGED VIOLATION OF ARTICLE 2 OF THE CONVENTION 29. The applicants alleged a violation of Article 2 of the Convention by the Belgian authorities, arguing that the decision not to execute the European arrest warrants prevented...	The Court held that there had been a violation of Article 2 (right to life) of the Convention under its procedural aspect (effective investigation). Observing, firstly, that a risk to the person whose surrender was requested of being subjected to inhuman or degrading treatment could constitute a legitimate ground for r...
778	Medical negligence and liability of health professionals	Health Medical negligence and liability of health professionals [SEP] 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 ne...	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...
225	(Suspected) terrorists	Terrorism and the European Convention on Human Rights (Suspected) terrorists [SEP] II. RELEVANT DOMESTIC LAW A. Belgian legislation on extradition 69. Under Belgian law, extradition proceedings are governed by the Extradition Act of 15 March 1874, the provisions of which, as far as they apply to the present case, may b...	The Court held that the applicant’s extradition to the United States entailed a violation of Article 3 (prohibition of inhuman or degrading treatment) of the Convention. It considered that the life sentence to which the applicant was liable in the United States was irreducible inasmuch as US law provided for no adequat...
558	Way of life, forced evictions and alternative accommodation	Roma and Travellers Way of life, forced evictions and alternative accommodation [SEP] THE LAW I. ALLEGED VIOLATION OF ARTICLE 8 OF THE CONVENTION 103. The applicants complained, relying on Article 8 of the Convention, that their eviction from the land where they had been settled for a long time constituted a violation ...	The Court held that there had been a violation of Article 8 (right to respect for private and family life and home) of the Convention. It noted in particular that the courts, despite acknowledging the lack of urgency and of any manifestly unlawful nuisance, had not taken into account the lengthy period for which the ap...
90	Taking of children into care	Parental Rights Taking of children into care [SEP] II. RELEVANT DOMESTIC LAW 49. Article 1666 of the Civil Code ( Bürgerliches Gesetzbuch ) lays down that the guardianship courts are under an obligation to order necessary measures if a child's welfare is jeopardised ( Gefährdung des Kindeswohls ). 50. The first sub-par...	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, whilst the reasons given by the national authorities and courts had been relevant, they had not been sufficient to justify such a serious interference with the applicants’ family ...
305	Prevention of terrorism	Terrorism and the European Convention on Human Rights Prevention of terrorism [SEP] RELEVANT DOMESTIC LAW 21. In respect of an individual who has been convicted of acts of terrorism and related offences, only the post-sentencing judge at the Paris tribunal de grande instance, the Paris Sentence Enforcement Court and th...	The Court held that there had been no violation of Article 8 (right to respect for private and family life) of the Convention, finding that the French State had not exceeded the margin of appreciation afforded to it in this area and that the refusal to grant the applicant’s request had not been disproportionate and had...
892	Private persons	Right to the protection of one’s image Private persons [SEP] II. RELEVANT DOMESTIC LAW 30. Section 7 of the Media Act, which has the title “ Interference with a person ’ s most intimate personal sphere” ( Verletzung des höchst persönlichen Lebens bereiches ), reads as follows: “ (1) If a person ’ s strictly private...	The Court held that there had been no violation of Article 10 (freedom of expression) of the Convention. It was true that the articles had dealt with a matter of public concern. However, given that neither the child nor his parents were public figures or had previously entered the public sphere, it had not been essenti...
71	Filiation	Parental Rights Filiation [SEP] II. RELEVANT DOMESTIC LAW 33. At the relevant time, the articles of the Civil Code, Chapter 16 of the Laws of Malta, pertinent to this case, read as follows: Article 70A (Natural parentage) “(1) Whenever the clarification of natural parentage of a child is required - ( a ) the father may...	The Court held that there had been no violation of Article 8 (right to respect for private and family life) of the Convention, finding that the domestic courts had fairly balanced the applicant’s rights and those of the woman who was trying to establish that he was her father. In particular, the courts had examined the...
229	The definition of bis	Right not to be tried or punished twice (the non bis in idem The definition of bis [SEP] RELEVANT LEGAL FRAMEWORK AND PRACTICE Provisions of the Criminal Code 19. Under Article 1 of the Criminal Code, a penalty ( Strafe ) or a measure ( Massnahme ) may only be imposed for an act which the law expressly defines as an of...	The Court held that there had been a violation of Article 4 of Protocol No. 7. It found in essence that by this detention, ordered in a reopening procedure in which there had not been any new evidence concerning the nature of the offence or the extent of the applicant’s guilt, he had been punished twice for the same of...
1,092	Pensions	Work-related rights Pensions [SEP] II. RELEVANT DOMESTIC LAW AND PRACTICE A. Retirement benefits and disciplinary punishments 40. A public servant ’ s entitlement to retirement benefits is governed by the Pensions Law, Law 97(1)/97, as amended. The relevant sections, as applicable at the time, provide as follows: Secti...	The Court held that there had been no violation of Article 1 (protection of property) of Protocol No. 1 to the Convention. Weighing the seriousness of the offences committed by the applicant, involving a total of 223 criminal charges of, among other things, dishonesty, obtaining money under false pretences, forging che...
692	Incitement to religious intolerance	Hate speech Incitement to religious intolerance [SEP] II. RELEVANT DOMESTIC LAW A. The Constitution of the Republic of Azerbaijan 21. At the material time, the relevant provisions of the Constitution provided as follows: Article 7 Azerbaijani State “I. The Azerbaijani State is a democratic, secular, unitary republic go...	The Court held that there had been a violation of Article 10 (freedom of expression) of the Convention, finding that the applicants’ conviction had been excessive and had breached their freedom of expression. It noted in particular that the national courts had not justified why the applicants’ conviction had been neces...
324	Obligation on States to protect the victims of trafficking	Trafficking in human beings Obligation on States to protect the victims of trafficking [SEP] RELEVANT LEGAL FRAMEWORK AND PRACTICE Relevant domestic lawConstitution Constitution Constitution 95. The relevant provisions of the Constitution of the Republic of Croatia ( Ustav Republike Hrvatske, Official Gazette no. 56/19...	The Court held that there had been a violation of Article 4 (prohibition of forced labour) of the Convention on account of the shortcomings in the Croatian authorities’ investigation into the applicant’s allegation of forced prostitution. Taking the opportunity via the applicant’s case to clarify its case-law on human ...
34	Education	Children’s rights Education [SEP] RELEVANT LEGAL FRAMEWORK AND PRACTICE DOMESTIC LAWNational Education Act (Law no. 1/2011) National Education Act (Law no. 1/2011) National Education Act (Law no. 1/2011) 9. The National Education Act (hereinafter “the NEA”), published in the Official Bulletin on 10 January 2011 and ent...	The Court held that there had been no violation of Article 1 (general prohibition on discrimination) of Protocol No. 12 to the Convention, finding that neither the content of the curriculum nor the scheduling of the exams had caused a violation of the applicants’ rights. It noted in particular that the importance for m...
513	Gender identity	Older people and the European Convention on Human Rights Gender identity [SEP] II. RELEVANT DOMESTIC LAW AND PRACTICE Social security, employment and pensions 16. A transsexual continues to be recorded for social security, National Insurance and employment purposes as being of the sex recorded at birth. (a) National In...	The Court held that there had been a violation of Article 8 (right to respect for private life) of the Convention. While the applicant’s victim status had ceased when the Gender Recognition Act 2004 had entered into force, thereby providing her with the means on a domestic level to obtain legal recognition, she could h...
909	Tribunal established by law	Independence of the justice system Tribunal established by law [SEP] II. RELEVANT DOMESTIC LAW AND PRACTICE AND RELEVANT INTERNATIONAL MATERIALS A. Applicable substantive law in war crimes cases 1. General principles 24. In accordance with its emergency powers [8], on 24 January 2003 the Office of the High Representati...	The Court declared the first applicant’s complaint under Article 6 § 1 of the Convention inadmissible as being manifestly ill-founded, seeing no reason for calling into question the finding of the Constitutional Court of Bosnia and Herzegovina in this case that the State Court had been independent. It found in particul...
957	State’s act on its own territory producing effect in another State	Extra-territorial jurisdiction of States Parties to the European Convention on Human Rights State’s act on its own territory producing effect in another State [SEP] II. RELEVANT DOMESTIC LAW AND PRACTICE IN THE UNITED KINGDOM A. Criminal law 27. In England murder is defined as the unlawful killing of a human being with...	The Court recalled that the Convention did not govern the actions of States not parties to it, nor did it require the Contracting States to impose Convention standards on other States. However, the decision by a Contracting State to extradite someone might engage that State’s responsibility under the Convention where a...
800	Right to liberty and security (Article 5 of the Convention)	Persons with disabilities and the European Convention on Human Rights Right to liberty and security (Article 5 of the Convention) [SEP] II. RELEVANT DOMESTIC LAW AND PRACTICE A. Relevant statutory provisions 1. The Mental Health Act 1983 (“the 1983 Act”) 52. The majority of persons who receive in-patient psychiatric ca...	The Court observed in particular that, as a result of the lack of procedural regulation and limits, the hospital's health care professionals had assumed full control of the liberty and treatment of a vulnerable incapacitated individual solely on the basis of their own clinical assessments completed as and when they had...
124	Minor’s exposure to violent arrest of parent	Protection of minors Minor’s exposure to violent arrest of parent [SEP] THE LAW I. ALLEGED VIOLATION OF ARTICLES 3 AND 13 OF THE CONVENTION 45. The applicant complained that the unjustified use of physical force against her father during his arrest in her presence and her treatment by FSKN officers had breached her rig...	The Court found that the applicant’s allegations were credible. It further noted that the law-enforcement officers, who had to have been well aware that the applicant was or would be on the scene of the operation, had taken no account of her interests when planning and carrying out their operation against her father, t...
929	Impression of independence	Independence of the justice system Impression of independence [SEP] II. Relevant domestic law and practice 1. The law in force at the time of Mr Findlay ’ s court martial (a) General 32. The law and procedures which applied to the applicant ’ s court martial were contained in the Army Act 1955 ("the 1955 Act"), the Rul...	The Court held that there had been a violation of Article 6 § 1 of the Convention, finding that, on account in particular of the central role played by the convening officer in the organisation of the court martial, the applicant’s misgivings about the independence and impartiality of the tribunal which had dealt with ...
1,038	Proceedings to divest individuals of their legal capacity	Older people and the European Convention on Human Rights Proceedings to divest individuals of their legal capacity [SEP] II. RELEVANT DOMESTIC LAW 57. The relevant provisions of the Family Act ( Obiteljski zakon, Official Gazette nos. 116/2003, 17/2004, 136/2004 and 107/2007) read: Section 159 “(1) An adult who, on acc...	The Court held that there had been a violation of Article 6 § 1 (right to a fair trial) of the Convention in respect of the first applicant, finding that she had been deprived of adequate procedural safeguards in proceedings resulting in a decision adversely affecting her private life. As regards in particular the reas...
1,034	Prohibition of slavery and forced labour (Article 4 of the Convention)	Older people and the European Convention on Human Rights Prohibition of slavery and forced labour (Article 4 of the Convention) [SEP] II. RELEVANT DOMESTIC AND INTERNATIONAL LAW AND PRACTICE A. Relevant domestic law 15. Article 7 of the Federal Constitution guarantees human dignity in the following terms. Article 7 “Hu...	The Court held that there had been no violation of Article 4 § 2 (prohibition of forced labour) of the Convention. It noted in particular that there was insufficient consensus among Council of Europe member States regarding compulsory work for prisoners after retirement age. Accordingly, it emphasised, on the one hand,...
27	Affiliation- and inheritance-related rights	Children’s rights Affiliation- and inheritance-related rights [SEP] III. Both parties agree that it is the contents of the will that determine the testatrix ’ s intention at the time of making it, so that the will has to be interpreted in accordance with that intention, which is to be inferred from the words used in th...	The Court held that there had been a violation of Article 14 (prohibition of discrimination) in conjunction with Article 8 (right to respect for private and family life) of the Convention. It noted that the first applicant’s parents had a “legitimate and canonical marriage” and there was nothing in the will in question...
242	The definition of idem	Right not to be tried or punished twice (the non bis in idem The definition of idem [SEP] II. RELEVANT DOMESTIC LAW A. Constitution of 28 June 1996 16. Article 61 of the Constitution provides the following: “No one shall have to bear legal responsibility of the same type for the same offence twice. The legal responsibi...	The Court held that there had been a violation of Article 4 of Protocol No. 7, finding that both sets of proceedings were criminal and that the Ukrainian authorities had duplicated criminal proceedings, which concerned substantially the same facts, in breach of the principle non bis in idem.
270	(Suspected) terrorists	Terrorism and the European Convention on Human Rights (Suspected) terrorists [SEP] II. RELEVANT DOMESTIC LAW A. Criminal law 37. Article 9 of the Criminal Code provides: “The Turkish State shall not accede to a request for the extradition of an alien by a foreign country for offences that are political in nature or rel...	In the light of the material before it, the Court was not able to conclude that substantial grounds had existed on the date the applicants were extradited for believing that they faced a real risk of treatment proscribed by Article 3 (prohibition of inhuman or degrading treatment) of the Convention. Consequently, no vi...
560	Anti-Roma rallies and demonstrations	Roma and Travellers Anti-Roma rallies and demonstrations [SEP] II. RELEVANT DOMESTIC LAW 17. The Constitution, as in force at the material time, contained the following provisions: Article 2 “3. The activities of social organisations, government bodies or individual citizens may not be directed at the forcible acquisit...	The Court held that there had been no violation of Article 11 (freedom of assembly and association) of the Convention. It recalled in particular that, as with political parties, the State was entitled to take preventive measures to protect democracy against associations if a sufficiently imminent prejudice to the right...
74	Parental authority, child custody and access rights	Parental Rights Parental authority, child custody and access rights [SEP] II. RELEVANT DOMESTIC LAW 16. The relevant provisions of the Civil Code provide: Article 287 (in the version applicable at the material time) “Parental responsibility shall be exercised jointly by both parents. Failing an agreement or where the c...	In the absence of a reasonable relationship of proportionality between the means employed and the aim pursued, the Court held that there had been a violation of Article 14 (prohibition of discrimination) taken in conjunction with Article 8 (right to respect for private and family life) of the Convention. The Court obse...
650	Lawyers	Protection of reputation Lawyers [SEP] II. RELEVANT DOMESTIC LAW 31. Article 595 of the Criminal Code provides for the offence of defamation. The relevant parts of that Article read as follows : “ Anyone who ..., in communication with more than one person, offends against the reputation of another, shall be punished by...	The Court held that there had been no violation of Article 10 (freedom of expression) of the Convention. It found in particular that one of the two criticisms levelled against Judge X by the applicant had implied that the former had disregarded his ethical obligations as a judge or had even committed a criminal offence...
111	Corporal punishment	Protection of minors Corporal punishment [SEP] ii. relevant domestic law A. Criminal sanctions against the assault of children 12. The applicant ’ s stepfather was charged with “assault occasioning actual bodily harm” contrary to section 47 of the Offences against the Person Act 1861, as amended. An “assault”, for the ...	The Court considered that children and other vulnerable individuals in particular were entitled to protection, in the form of effective deterrence, from such forms of ill-treatment. It found a violation of Article 3 (prohibition of inhuman or degrading treatment or punishment) of the Convention, as English law did not ...
755	Protection of property (Article 1 of Protocol No. 1 to the Convention)	Environment and the European Convention on Human Rights Protection of property (Article 1 of Protocol No. 1 to the Convention) [SEP] II. RELEVANT DOMESTIC LAW AND PRACTICE A. Constitutional provisions 41. Article 74 of the Turkish Constitution of 1924 reads as follows: “ No one shall be deprived of his possessions save...	The Court held that there had been a violation of Article 1 of Protocol No. 1 to the Convention. Recalling in particular that the protection of nature and forests, and of the environment in general, was a matter of considerable and constant concern to public opinion and consequently to the public authorities, and that ...
171	Deprivation of liberty and challenging the lawfulness of detention	Unaccompanied migrant minors in detention Deprivation of liberty and challenging the lawfulness of detention [SEP] II. RELEVANT DOMESTIC LAW AND PRACTICE 38. Aliens (Entry, Residence, Settlement and Expulsion) Act of 15 December 1980 (a) Appeals against decisions on the entry, residence, settlement and expulsion of ali...	The Court held that there had been a violation of Article 5 § 1 (right to liberty and security) of the Convention in respect of the minor applicant, finding that the Belgian legal system at the time and as it had functioned in the case before it had not sufficiently protected her right to liberty. It noted in particula...
592	Case-law of the European Court of Human Rights	Conscientious objection Case-law of the European Court of Human Rights [SEP] 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 Legislati...	The Court found a violation of Article 14 (prohibition of discrimination) in conjunction with Article 9 of the Convention, holding that the applicant’s exclusion from the profession of chartered accountant was disproportionate to the aim of ensuring appropriate punishment of persons who refuse to serve their country, a...
1,095	Respect for private life in the employment context	Work-related rights Respect for private life in the employment context [SEP] II. RELEVANT DOMESTIC LAW AND PRACTICE A. The right of public access to official documents 39. The principle of public access to official documents ( offenlighetsprincipen ) has a history of more than two hundred years in Sweden and is one of ...	The Court concluded that Article 8 (right to respect for private and family life) and Article 10 (freedom of expression) of the Convention did not apply in this case. It held in particular that the applicant could not rely on Article 8 to complain about his criminal conviction and that he could not rely on a “negative”...
853	Interception of communications, phone tapping and secret surveillance	Personal data protection Interception of communications, phone tapping and secret surveillance [SEP] 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 Counc...	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...
63	Adoption	Parental Rights Adoption [SEP] II. RELEVANT DOMESTIC LAW 1. General provisions on adoption (a) International instruments 299. Russia signed the Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption of 29 May 1993 (The Hague Adoption Convention) on 7 September 2000, but it has not...	The Court held that there had been a violation of Article 14 (prohibition of discrimination) taken in conjunction with Article 8 (right to respect for private life) of the Convention, finding that the adoption ban had unlawfully discriminated against the prospective parents6. In particular, this was because it had prev...
175	Right to life (Article 2 of the European Convention on Human Rights)	Domestic violence Right to life (Article 2 of the European Convention on Human Rights) [SEP] II. RELEVANT DOMESTIC LAW AND PRACTICE 18. Article 21 of the Constitution ( Ustav Republike Hrvatske, Official Gazette nos. 56/1990, 135/1997, 8/1998, 113/2000, 124/2000 and 28/2001) reads as follows: “Every human being has the...	The Court held that there had been a violation of Article 2 (right to life) of the Convention, on account of the Croatian authorities’ lack of appropriate steps to prevent the deaths of the child and his mother. It observed in particular that the findings of the domestic courts and the conclusions of the psychiatric ex...
740	Noise pollution	Environment and the European Convention on Human Rights Noise pollution [SEP] RELEVANT LEGAL FRAMEWORK AND PRACTICE Liability in tort 93. Article 23 of the Civil Code, which entered into force in 1964, contains a non-exhaustive list of so ‑ called “ personal rights” ( prawa osobiste ). This provision states: “The perso...	The Court held that there had been a violation of Article 8 of the Convention. It found in particular that the authorities had knowingly ignored the problem from 1996 and had continued developing the motorway project with total disregard for the well-being of local residents. Overall, the Court found that the diverting...