Social rights

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Cases selected for updating the Case-Law Guide.

Bernotas v. Lithuania, no. 59065/21


Obligation to reimburse social security authorities for the lost working capacity pension paid to a person whom the applicant had accidently injured.

Nafornița v. the Republic of Moldova, no. 49066/12


Eviction from State-owned apartment after lengthy lawful residency.

Humpert and Others v. Germany [GC], nos. 59433/18, 59477/18, 59481/18 and 59494/18


Disciplinary sanctions on teachers with civil-servant status for participating during their working hours in strikes organised by their trade union, in breach of the constitutional ban on civil servants striking.
Judgment | Legal Summary

Brazauskienė v. Lithuania (dec.), no. 71200/17


Refusal to grant State annuity allowance and continued free use of State housing to a former President’s widow.

Pająk and Others v. Poland, nos. 25226/18 and 3 others


Legislation differentiating between men and women with regard to the retirement age of judges.

Kubát and Others v. the Czech Republic, nos. 61721/19 and 5 others


Refusal of retroactive payment of the difference in judges salaries during a financial crisis.
Judgment | Legal Summary

X and Others v. Ireland, nos. 23851/20 and 24360/20


Alleged discrimination based on residence status as regards eligibility for child benefit.
Judgment | Legal Summary

Kaymak and Others v. Türkiye, no. 62239/12


Disciplinary sanctions imposed on civil servants for having set up a stand at a university to promote a trade union and distribute leaflets.

Simonova v. Bulgaria, no. 30782/16


Order for demolition of the applicant and her minor children's home on the grounds that it was unlawfully built.

Valverde Digon v. Spain, no. 22386/19


Refusal to grant survivor’s pension following introduction of new eligibility requirement.
Judgment | Legal Summary

Berisha v. Switzerland (dec.), no. 4723/13


​Expense cap for the care of a person with serious disabilities at home.
Decision Legal Summary

Domenech Aradilla and Rodríguez González v. Spain, nos. 32667/19 and 30807/20


​Refusal to grant survivor’s pension following introduction of new eligibility requirement.
Judgment | Legal Summary

Hoppen and trade union of AB Amber Grid employees v. Lithuania, no. 976/20


Alleged discriminatory dismissal of trade union leader on grounds of his union activities.
Judgment | Legal Summary

Žegarac and Others v. Serbia (dec.), nos. 54805/15 and 10 others


Temporary reduction in applicants’ State pension  as part of austerity measures.
Decision | Legal Summary

M.K. and Others v. France, nos. 34349/18 and 2 others


Refusal by the administrative authorities to enforce interim orders requiring the State to provide some asylum-seekers and their children with emergency accommodation. Applicability and merits.  
Judgment | Legal Summary

Beeler v. Switzerland [GC], no. 78630/12


Termination of widower’s pension when the youngest child reaches the age of majority while widows continued to receive one. Applicability and merits.
Judgment | Legal Summary

P.C. v. Ireland, no. 26922/19


Prisoner's disqualification from receiving State pension. Applicability and merits.
Judgment | Legal Summary

Association of Civil Servants and Union for Collective Bargaining v. Germany, nos. 815/18 and 4 others


Legislation regulating trade union collective agreements.
Judgment | Legal Summary

Savickis and Others v. Latvia [GC], no. 49270/11


Exclusion of employment periods accrued outside Latvia in state pension calculation for “permanently resident non-citizens”, in contrast to Latvian citizens.
Judgment | Legal Summary

Straume v. Latvia, no. 59402/14


Failure of the domestic courts to assess employee sanctions in the context of trade union activity.
Judgment | Legal Summary

L.F. v. the United Kingdom (dec.), no. 19839/21


Exclusion of non-members of Orthodox Jewish Community from social housing owned by a charity catering for that community.
Decision | Legal Summary

Faulkner and McDonagh v. Ireland (dec.), nos. 30391/18 and 30416/18


Members of Traveller community ordered to leave a site being illegally occupied.
Decision | Legal Summary

Zakharova and Others v. Russia, no. 12736/10


Failure of domestic courts to address a complaint of discrimination on account of trade union membership.

Barış and Others v. Turkey (dec.), nos. 66828/16 and 31 others


Dismissal of employees based on their involvement in a strike not organised by the recognised trade union.
Decision | Legal Summary 

Yakut Republican Trade-Union Federation v. Russia, no. 29582/09


Order to a trade-union federation to oust a grassroots union of working prisoners because of a statutory ban on their unionisation.
Decision | Legal Summary

Vavřička and Others v. the Czech Republic [GC], no. 47621/13


Statutory child vaccination duty and consequences on parents and children for refusal to comply with it. 
Judgment | Legal Summary

Jurčić v. Croatia, no. 54711/15


​Refusal of employment benefits to pregnant woman who underwent in vitro fertilisation before employment.
Judgment | Legal Summary

Pişkin v. Turkey, no. 33399/18


Dismissal of an employee of a public institute under an emergency legislative decree on account of alleged links with a terrorist organisation.
Judgment | Legal Summary

Napotnik v. Romania, no. 33139/13


Termination of applicant’s diplomatic posting abroad after announcing pregnancy.
Judgment | Legal Summary

Popović and Others v. Serbia, nos. 26944/13 and 3 others


Alleged discrimination in the provision of disability benefits to civilians as opposed to military beneficiaries.
Judgment | Legal Summary

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