Liability of health professionals to prosecution effectively depriving expectant mothers of right to medical assistance for home births - Violation of Article 8 (Respect for private life)
Dissenting / Concurring: Dragoljub Popović
Contents for term
Liability of health professionals to prosecution effectively depriving expectant mothers of right to medical assistance for home births - Violation of Article 8 (Respect for private life)
Dissenting / Concurring: Dragoljub Popović
Inability of a father to exercise his contact rights in relation to his son during the course of divorce proceedings - Violation of Article 8 (Respect for family life)
Former patients prevented from photocopying their medical records - Applicants’ inability to effectively present their case due to authorities’ refusal to grant them access to decisive evidence - Violation of Article 8 (Respect for family life/Respect for private life) and 6 (Access to court)
Dissenting / Concurring: Ján Šikuta
Article 8 (Positive obligations) - Flawed implementation of domestic criminal-law mechanisms in respect of applicant’s allegations of physical violence by private individuals
Dissenting / Concurring: Spielmann
Article 6 (Fair hearing/Public hearing) Article 8 (Respect for family life/Respect for private life) - Refusal to hear expert evidence in case concerning liability for medical costs incurred in connection with sex-change operation and lack of public hearing in case concerning liability for medical costs incurred in connection with sex-change operation - Balancing of competing interests of applicant and her insurers in case concerning liability for medical costs incurred in connection with a sex-change operation
Dissenting / Concurring: Vajić, Jebens
Refusal to allow into territorial waters vessel chartered for use in support of campaign for decriminalisation of voluntary termination of pregnancy - Violation of Article 10
Violation of Article 14 (discrimination) - Inability of father of a child born out of wedlock to obtain joint custody without the mother’s consent - The applicant had been treated differently from mothers or from married or divorced fathers in that he had required his former partner's consent to joint custody
Dissenting / Concurring: Bertram Schmitt
Refusal to grant approval for the purposes of adoption, on the ground of the applicant’s lifestyle as a lesbian living with another woman - The Court considered that the reference to the applicant's homosexuality had been, if not explicit, at least implicit, and that the influence of the applicant’s avowed homosexuality on the assessment of her application had been established and, having regard to the foregoing, had been a decisive factor in the decision to refuse her authorisation to adopt - The domestic authorities had made a distinction based on considerations regarding her sexual orien
Dissenting / Concurring: Jean-Paul Costa, Riza Türmen, Mindia Ugrekhelidze, Danutė Jočienė, Boštjan Zupančič, Loukis Loucaides, Antonella Mularoni / Peer Lorenzen, Sverre Erik Jebens
Article 8 (Respect for private life) - Gynaecological examination imposed on a detainee without her free and informed consent
Dissenting / Concurring: Björgvinsson, Garlicki
Failure to examine request for adoption by foster parents before declaring child free for adoption - Violation of Article 8 (Positive obligations/Respect for family life)
Article 8 – Dismissal of a probation officer working with sex offenders by his employer for his involvement in BDSM-related activities and performing in fetish clubs
Article 11 (Freedom of peaceful assembly) Article 13 (Effective remedy) Article 14 (Discrimination) - Unlawful refusal to grant permission for a march and meetings to protest against homophobia - Belated quashing of an unlawful refusal to grant permission for a march and meetings to protest against homophobia - Possibility that a municipal authority's refusal to grant permission to protest against homophobia was influenced by the mayor's publicly expressed views
Article 3 (Expulsion) - Alleged risk of being subjected to female genital mutilation in case of extradition to Nigeria - Inadmissible
Refusal to grant artificial insemination facilities to enable a serving prisoner to father a child - Violation of Article 8
Dissenting / Concurring: Luzius Wildhaber, Boštjan M. Zupančič, Karel Jungwiert, Alvina Gyulumyan, Egbert Myjer/Nicolas Bratza
Article 8 (Respect for private life) - Requirement of father’s consent for the continued storage and implantation of fertilised eggs
Dissenting / Concurring: Türmen, Tsatsa-Nikolovska, Spielmann, Ziemele
Article 8 (Respect for family life/Respect for private life) Article 41 (Just satisfaction) - Failure to introduce implementing legislation to enable a transsexual to undergo gender-reassignment surgery and change his gender identification in official documents: violation - Just satisfaction in respect of State’s failure to enact implementing legislation
Dissenting / Concurring: Elisabet Fura-Sandström, Dragoljub Popović
Article 3 - Ill-treatment of persons held for questioning and failure to follow correct procedures when prosecuting those responsible
Refusal to perform a therapeutic abortion despite risks of serious deterioration of the mother’s eyesight - Violation of Article 8 (Respect for private life)
Mother living with her adopted daughter since the date of the foreign adoption order - Refusal to enforce a full adoption order by a foreign court in favour of a single woman - Refusal to recognise as valid in domestic law a full adoption order by a foreign court
Article 8 (Respect for family life) - No specific remedy for preventing or punishing child abduction from the territory of the respondent State, resulting in non-enforcement of custody award