Article 3 (Effective investigation) - Undue delays in criminal proceedings and failure properly to investigate rape and assault allegations
Contents for term
Article 3 (Effective investigation) - Undue delays in criminal proceedings and failure properly to investigate rape and assault allegations
Article 8 (Positive obligations and Respect for private life) Article 14 (Discrimination) - Refusal to prosecute for a joke made during television comedy show about homosexual celebrity referred to as a ‘female’
The applicant was raped by a group of men and the case was delayed for a decade because some of the defendants had emigrated to Austria - Violation of Article 3 (procedure)
The applicant argues that having been subjected to cruel, inhuman and degrading treatment in his country, he cannot be deported to his country because he would face immediate execution
Violation of Article 8 (Respect for family life and private life) - Revocation of adoption while criminal proceedings for suspected child abuse were still pending - Failure adequately to investigate unauthorised disclosure of confidential information or to protect reputation and right to be presumed innocent of parent suspected of child abuse
Article 14 (Discrimination) - Refusal to include woman registered as the mother’s civil partner on child’s birth certificate - Inadmissible
The applicant had her pregnancy terminated due to the fetus being diagnosed with hydrocephalus - Following complications from the treatment to induce abortion, her doctor had to remove her uterus and ovaries to save her life, leaving her permanently unable to bear children - The Court concluded that the applicant's right to private life was infringed by not involving her in the choice of medical treatment or informing her of the risks, and the State failed to provide a system for redress, thus violating Article 8
An allegation by the applicant, who claimed to be homosexual, that he would be at risk of ill-treatment if he were to be returned to Sierra Leone - Inadmissible
Article 8 (Positive obligations/Respect for family life/Respect for private life) - Lack of legal recognition of same-sex partnerships
Dissenting / Concurring: Mahoney, Tsotsoria, Vehabović
Article 8 (Respect for family life) - Failure to execute a judgment confirming an order to return underage children to their mother in the United Kingdom
Dissenting / Concurring: Paul Lemmens/Angelika Nußberger
Excessively formalistic interpretation of domestic law as regards paid maternity leave for adoptive mother - Violation of Article 14
Dissenting / Concurring: Isabelle Berro-Lefèvre, Khanlar Hajiyev, Erik Møse
Article 14 (Discrimination) - Exclusion of same-sex couples from “civil unions”
Dissenting / Concurring: Casadevall, Ziemele, Jočienė, Sicilianos / Pinto de Albuquerque
Total removal of applicant’s access rights on account of his attempts to transmit his religious beliefs to his child - Violation of Article 14
Impossibility of second-parent adoption in a same-sex couple - Government's failure to provide convincing reasons for the exclusion second-parent adoption in a same-sex couple, while allowing that possibility in an unmarried different-sex couple, deemed necessary for the protection of the family in the traditional sense or for the protection of the interests of the child, amounts to discrimination
Dissenting / Concurring: Josep Casadevall, Ineta Ziemele, Anatoly Kovler, Danutė Jočienė, Ján Šikuta, Vincent A. De Gaetano, Linos-Alexandre Sicilianos / Dean Spielmann
Article 8 (Family life) - Failure to conduct detailed examination of all relevant points when deciding whether to return a child pursuant to Hague Convention
Dissenting / Concurring: Nicolas Bratza, Nina Vajić, Khanlar Hajiyev, Ján Šikuta, Päivi Hirvelä, George Nicolaou, Guido Raimondi, Angelika Nußberger
Continuing failure to provide information concerning fate of newborn baby in hospital care - Violation of Article 8 (Positive obligations/Respect for family life)
The German courts’ refusal to allow a man to challenge another man’s paternity - No violation
Article 14 (Discrimination) - Ineffective investigation into possible racist motivation for ill-treatment allegedly suffered by Nigerian prostitute
Sterilisation without permission and the low amount of compensation - Violation of Article 8
Refusal of simple adoption order in favour of homosexual partner of biological mother - No violation of Article 14
Dissenting / Concurring: Mark Villiger / Jean-Paul Costa, Dean Spielmann, Isabelle Berro-Lefèvre