Article 8 - Right to respect for private and family life

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All Updates


Cases selected for updating the Case-Law Guide.

Aydın Sefa Akay v. Türkiye, no. 59/17

23.04.2024

Arrest and pre-trial detention as well as the search of his house and person of a judge of an international court despite the diplomatic immunity conferred on him by that court’s Statute, following the attempted coup of 15 July 2016, when Türkiye declared a state of emergency.
Judgment | Legal Summary


Zăicescu and Fălticineanu v. Romania, no. 42917/16

23.04.2024

Acquittal of two high-ranking military officials previously convicted of crimes connected with the Holocaust, in extraordinary appeal proceedings not disclosed to the applicants (Holocaust victims) or to the public.
Judgment | Legal Summary


Verein KlimaSeniorinnen Schweiz and Others v. Switzerland [GC], no. 53600/20

09.04.2024

Lack of sufficient action to mitigate effects of climate change – complaints brought by a Swiss association of older women concerned about the consequences of global warming on their living conditions and health, as well as four individual women.
Judgment | Legal Summary


Moldovan v. Ukraine, no. 62020/14

14.03.2024

Rejection of the applicant’s civil action for judicial recognition of a deceased person as his father.
Judgment


Vagdalt v. Hungary, no. 9525/19

07.03.2024

Inability to contest the declaration of paternity in respect of a biological child and to establish own paternity.
Judgment


Wa Baile v. Switzerland, nos. 43868/18 and 25883/21

20.02.2024

Racial profiling during an identity check of a dark-skinned man at Zurich's main train station.
Judgment | Legal Summary


Diaconeasa v. Romania, no. 53162/21

20.02.2024

Withdrawal of the provision of a State-funded personal assistant for a physically disabled individual resulting in a severe loss of autonomy.
Judgment


Ismayilzade v. Azerbaijan, no. 17780/18

18.01.2024

Refusal to register forename chosen by applicant for her newborn child.
Judgment


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

16.01.2024

Eviction from State-owned apartment after lengthy lawful residency.
Judgment


Tena Arregui v. Spain, no. 42541/18

11.01.2024

Interception and disclosure of applicant’s emails in the context of a political party monitoring one of its members.
Judgment


M.L. v. Poland, no. 40119/21

14.12.2023

Prohibition of abortion on grounds of foetal abnormality following amendments introduced by the Constitutional Court. Applicability and merits.
Judgment | Legal Summary


Țîmpău v. Romania, no. 70267/17

05.12.2023

Automatic termination of the employment of a lay teacher of Orthodox religion at a secondary public school after the withdrawal of her endorsement by a local Archbishop.
Judgment


Wałęsa v. Poland, no. 50849/21

23.11.2023

Reversal by the Supreme Court’s Chamber of Extraordinary Review and Public Affairs of a final civil defamation judgment in the applicant’s favour taken ten years earlier, following the Prosecutor General’s extraordinary appeal.
Judgment | Legal Summary


Gyulumyan and Others v. Armenia (dec.), no. 25240/20

21.11.2023

Termination of the terms of office of Constitutional Court judges and its President, all appointed with life tenure, through non-judicially reviewable amendments in the context of a constitutional reform. Applicability.
Decision | Legal Summary


G.T.B. v. Spain, no. 3041/19

16.11.2023

Positive obligation to facilitate birth registration of, and the obtention of identity documents by, a vulnerable minor in the case of parental negligence.
Judgment | Legal Summary


C.P. and M.N. v. France, nos. 56513/17 and 56515/17

12.10.2023

Refusal of the domestic courts to examine the action of the applicant, claiming to be the biological father of a child, aiming to challenge the legally established paternity with a view to establishing his own.
Judgment


I.V. v. Estonia, no. 37031/21

10.10.2023

Unsuccessful attempt by a Latvian national to obtain the annulment of an Estonian court decision by which his biological son was adopted by the husband of the mother.
Judgment


Gurbanov v. Armenia, no. 7432/17

05.10.2023

Elapse of thirty-eight days before repatriation of the body of the applicant’s son, an Azerbaijani soldier, following his death during a shooting incident at the Armenian-Azerbaijani border.
Judgment


A.A.K. v. Türkiye, no. 56578/11

03.10.2023

Placement of the applicant under guardianship, following a procedure which concluded that she suffered from a mental disorder hindering her legal capacity.
Judgment


Baret and Caballero v. France, nos. 22296/20 and 37138/20

14.09.2023

Prohibition on posthumous assisted reproduction within the national territory and on export of gametes and embryos for that purpose to another country.
Judgment | Legal Summary


A and Others v. Italy, no. 17791/22

07.09.2023

Alleged impossibility for a father, beneficiary of a witness protection programme, to exercise his visitation rights with his children. Applicability and merits.
Judgment


Gauvin-Fournis and Silliau v. France, nos. 21424/16 and 45728/17

07.09.2023

Refusal to allow persons born through medically assisted reproduction involving a third-party donor to access information about that donor, under the rule guaranteeing anonymity in gamete donations.
Judgment | Legal Summary


Vinškovský v. the Czech Republic (dec.), no. 59252/19

05.09.2023

Contact rights between a child and his former stepfather. Applicability and merits.
Decision


C v. Italy, no. 47196/21

31.08.2023

Refusal to register details of a foreign birth certificate establishing a legal relationship between a child born through a surrogacy arrangement abroad and her biological father, as well as between the child and her intended mother.
Judgment | Legal Summary


D.H. and Others v. North Macedonia, no. 44033/17

18.07.2023

Publication of sex workers' photographs, taken while in custody, on the Ministry of Interior’s website.
Judgment


Semenya v. Switzerland, no. 10934/21 (pending before the GC)

11.07.2023

Discrimination against a professional athlete who was required under non-State regulations to lower her natural testosterone level to compete in the women’s category in international competitions.
Judgment | Legal Summary


Calvi and C.G. v. Italy, no. 46412/21

06.07.2023

Legal-protection measure imposed on an elderly person and his placement in nursing home in social isolation for three years.
Judgment | Legal Summary


Glukhin v. Russia, no. 11519/20

04.07.2023

Processing of the applicant’s personal biometric data by using highly intrusive facial recognition technology in order to identify, locate and arrest him.
Judgment | Legal Summary


B.F. and Others v. Switzerland, nos. 13258/18 and 3 others

04.07.2023

Refusal of family reunification requests, for not fulfilling financial independence requirement, of provisionally admitted refugees.
Judgment | Legal Summary


Negru v. the Republic of Moldova, no. 7336/11

27.06.2023

Inclusion of the applicant on the list of wanted persons and disclosure of information and photo at a police station’s premises.
Judgment | Legal Summary


Margari v. Greece, no. 36705/16

20.06.2023

Photographs and personal data of an accused published in the press for six months after charges brought, without her prior knowledge and consent.
Judgment


A and B v. France, no. 12482/21

08.06.2023

Annulment, at the author’s request, of the recognition of his paternity of a child born by medical assistance with gamete donation. 
Judgment


Nepomnyashchiy and Others v. Russia, nos. 39954/09 and 3465/17

30.05.2023

Domestic authorities’ failure to respond adequately to homophobic statements made by state officials against members of the LGBTI community. Applicability and merits.
Judgment


Ghadamian v. Switzerland, no. 21768/19

09.05.2023

Refusal to issue a residence permit to an elderly alien, resident for more than 50 years in Switzerland, albeit unlawfully since 2002, on account of an unenforced decision to expel him after his convictions for serious criminal offences.
JudgmentLegal Summary


Alif Ahmadov and Others v. Azerbaijan, no. 22619/14

04.05.2023

​Order for the eviction of a family from their home and for its demolition on the ground that it was an unauthorised construction built on State-owned land. 
Judgment


Mayboroda v. Ukraine, no. 14709/07

13.04.2023

​Removal of the applicant’s kidney in a public hospital without her informed consent and the concealment of this information by the doctors in the postoperative period.
JudgmentLegal Summary


Jírová and Others v. the Czech Republic, no. 66015/17

13.04.2023

​Court-ordered prohibition on contact between former foster parents and their foster child.
Judgment


Advisory opinion on the procedural status and rights of a biological parent in proceedings for the adoption of an adult [GC], no. P16-2022-001

13.04.2023

​Procedural status and rights of a biological parent in proceedings for the adoption of an adult.
Advisory OpinionLegal Summary


Simonova v. Bulgaria, no. 30782/16

11.04.2023

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


UAB Kesko Senukai Lithuania v. Lithuania, no. 19162/19

04.04.2023

Absence of ex post facto judicial review of the manner in which Competition Council officials carried out the inspection of the applicant company’s office.
Judgment


Sârbu v. Romania, no. 34467/15

28.03.2023

Use in criminal proceedings against the applicant of recordings made without his knowledge by a co-accused.
Judgment


L.B. v. Hungary [GC], no. 36345/16

09.03.2023

​Publication of applicant’s identifying data on tax authority website portal.
JudgmentLegal Summary


Jacquinet and Embarek Ben Mohamed v. Belgium, no. 61860/15

07.02.2023

Refusal to replace the surname of the applicants with that of the first applicant’s mother.
Judgment 


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

24.01.2023

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


Künsberg Sarre v. Austria, nos. 19475/20 and 3 others

17.01.2023

Prohibition on the use of prefix “von” in applicants’ surnames.
Judgment | Legal Summary


Ovcharenko and Kolos v. Ukraine, nos. 27276/15 and 33692/15

12.01.2023

Dismissal of constitutional judges.
Judgment | Legal Summary


Kılıc v. Austria, no. 27700/15

12.01.2023

​Refusal to return applicants’ two youngest children to their care.
Judgment


Sevdari v. Albania, no. 40662/19

13.12.2022

Dismissal of a prosecutor and lifetime ban from re-entering the justice system. Applicability and merits.
Judgment | Legal Summary


Florindo de Almeida Vasconcelos Gramaxo v. Portugal, no. 26968/16

13.12.2022

Use of GPS data on a medical representative’s company vehicle as grounds for dismissal. Applicability and merits.
Judgment | Legal Summary


Pejřilová v. the Czech Republic, no. 14889/19

08.12.2022

Dismissal of a widow’s request to be fertilised with deceased husband’s frozen sperm, domestic law allowing such fertilisation only for couples and inter vivos.
Judgment | Legal Summary


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