Стаття 14 та стаття 1 Протоколу № 12 - Заборона дискримінації
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Справи, відібрані для оновлення Посібника із судової практики.
F.M. and Others v. Russia, nos. 71671/16 and 40190/18
Failure to protect irregular female migrant workers from human trafficking and servitude and to investigate the crimes committed against them.
Judgment | Legal Summary
Ferrero Quintana v. Spain, no. 2669/19
Refusal to recruit the applicant as a police officer due to him being older than the age limit of 35, even though he had passed all the examinations and had been found to be physically and intellectually fit for police service.
Judgment | Legal Summary
Bakradze v. Georgia, no. 20592/21
Insufficient judicial review of alleged discrimination of a former judge in competitions for judicial positions on account of her role in an NGO and her critical views of the state of the country’s judiciary.
Judgment
Abo v. Estonia (dec.), no. 29295/22
Inadmissibility of complaint concerning refusal to recognise the applicant as an Estonian citizen because her grandmother (an “optant”) did not settle in Estonia to validate her citizenship as stipulated by the Tartu Peace Treaty of 1920.
Decision
Spišák v. the Czech Republic, no. 13968/22
Longer period of automatic judicial review of pre-trial detention for minors than for adults prosecuted for the same category of offence.
Judgment
Allouche v. France, no. 81249/17
Conduct of criminal proceedings concerning antisemitic insults and threats sent by email.
Judgment | Legal Summary
Wa Baile v. Switzerland, nos. 43868/18 and 25883/21
Article 14 in conjunction with Article 8: racial profiling during an identity check of a dark-skinned man at Zurich's main train station.
Judgment | Legal Summary
Executief van de Moslims van België and Others v. Belgium, nos. 16760/22 and 10 others
Article 14 in conjunction with Article 9: obligation to stun animals prior to their ritual slaughter.
Judgment | Legal Summary
Georgian Muslim Relations and Others v. Georgia, no. 24225/19
Article 14 in conjunction with Articles 8 and 9: failure to comply with the positive obligation to provide adequate protection to individual applicants from unlawful mob action, hate speech and other discriminatory actions by private parties in the context of their being prevented from opening a Muslim boarding school.
Judgment
Stott v. the United Kingdom, no. 26104/19
Article 14 in conjunction with Article 5: difference in treatment in early release eligibility between prisoners serving an extended determinate prison sentence vis-à-vis standard determinate sentence prisoners and discretionary life sentence prisoners.
Judgment
Memedova and Others v. North Macedonia, nos. 42429/16 and 2 others
Article 14 in conjunction with Article 2 of Protocol No. 4: refusal to allow persons of Roma ethnicity to leave Respondent State’s territory.
Judgment
Pająk and Others v. Poland, nos. 25226/18 and 3 others
Article 14 in conjunction with Article 8: legislation differentiating between men and women with regard to the retirement age of judges.
Judgment
Valiullina and Truši v. Latvia, nos. 56928/19 and 2 others
Article 14 in conjunction with Article 2 of Protocol No. 1: legislative amendments increasing the proportion of subjects taught in the State language, that is Latvian, and thus reducing the use of Russian, as the language of instruction in public schools.
Judgment | Legal Summary
Kovačević v. Bosnia and Herzegovina, no. 43651/22 (pending before the GC)
Article 1 of Protocol No. 12: inability of the applicant, due to a combination of territorial and ethnic requirements, to vote for candidates of his choice in legislative and presidential elections.
Judgment | Legal Summary
Semenya v. Switzerland, no. 10934/21 (pending before the GC)
Article 14 in conjunction with Article 8: 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
Nurcan Bayraktar v. Türkiye, no. 27094/20
Article 14 in conjunction with Article 12: refusal to exempt the applicant, without her undergoing a medical examination to prove that she was not pregnant, from the 300-day waiting period imposed on divorced women wishing to remarry.
Judgment | Legal Summary
Nepomnyashchiy and Others v. Russia, nos. 39954/09 and 3465/17
Article 14 in conjunction with Article 8: domestic authorities’ failure to respond adequately to homophobic statements made by state officials against members of the LGBTI community.
Judgment
A.E. v. Bulgaria, no. 53891/20
Article 14 in conjunction with Article 3: domestic authorities’ failure to adequately address domestic violence against women.
Judgment | Legal Summary
Szolcsán v. Hungary, no. 24408/16
Article 14 in conjunction with Article 1 of Protocol No. 2: segregation of a Roma pupil in a primary school.
Judgment
Paun Jovanović v. Serbia, no. 41394/15
Article 1 of Protocol No. 12: lawyer prevented from using a variant of the Serbian language despite its official status.
Judgment | Legal Summary
Hoppen and trade union of AB Amber Grid employees v. Lithuania, no. 976/20
Article 14 in conjunction with Article 11: alleged discriminatory dismissal of trade union leader on grounds of his union activities.
Judgment | Legal Summary
Moraru and Marin v. Romania, nos. 53282/18 and 31428/20
Article 1 of Protocol No. 12: gender discrimination in civil-service retirement ages. Applicability and merits.
Judgment
Elmazova and Others v. North Macedonia, nos. 11811/20 and 13550/20
Article 14 in conjunction with Article 2 of Protocol No. 1: discrimination of Roma pupils on account of their segregation in two State-run primary schools attended predominantly by Roma children and with Roma-only classes respectively.
Judgment | Legal Summary
Bakirdzi and E.C. v. Hungary, nos. 49636/14 and 65678/14
Article 14 in conjunction with Article 3 of Protocol No. 1: national-minority voting system.
Judgment | Legal Summary
Moraru v. Romania, no. 64480/19
Article 14 in conjunction with Article 2 of Protocol No. 1: discrimination on grounds of height and weight to study military medicine.
Judgment | Legal Summary
M.T. and Others v. Sweden, no. 22105/18
Article 14 in conjunction with Article 8: temporary three-year suspension period for family reunification of persons with subsidiary protection status in contrast to those with refugee status.
Judgment | Legal Summary
Basu v. Germany, no. 215/19
Article 14 in conjunction with Article 8: allegations of racial profiling during identity check on a train. Applicability and merits.
Judgment | Legal Summary
Muhammad v. Spain, no. 34085/17
Article 14 in conjunction with Article 8: allegations of racial profiling during identity check on the street. Applicability and merits.
Judgment | Legal Summary
Zeggai v. France, no. 12456/19
Article 14 in conjunction with Article 8: alleged discrimination based on date of birth.
Judgment | Legal Summary
Beeler v. Switzerland [GC], no. 78630/12
Article 14 in conjunction with Article 8: 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
Pinkas and Others v. Bosnia and Herzegovina, no. 8701/21
Article 1 of Protocol No. 12: difference in treatment by domestic courts, on the basis of “other status”, of judicial clerks vis-à-vis judges, concerning period of entitlement to work-related allowances.
Judgment | Legal Summary
P.C. v. Ireland, no. 26922/19
Article 14 in conjunction with Article 1 of Protocol No. 1: convicted prisoner statutorily disqualified from old-age pension payments while incarcerated. Applicability and merits.
Judgment | Legal Summary
Advisory opinion on the difference in treatment between landowners’ associations “having a recognised existence on the date of the creation of an approved municipal hunters’ association” and landowners’ associations set up after that date [GC], no. P16-2021-002
Article 14 in conjunction with Article 1 of Protocol No.1: difference in treatment between landowners' associations in the context of hunting rights on private land.
Advisory Opinion | Legal Summary
Dimici v. Türkiye, no. 70133/16
Article 14 in conjunction with Article 1 of Protocol No. 1: refusal to allow a woman to receive income from a charitable foundation on the basis of an Ottoman-era legal document.
Judgment | Legal Summary
Paparrigopoulos v. Greece, no. 61657/16
Article 14 in conjunction with Article 8: father of child born out of wedlock unable to exercise parental authority without mother’s consent, in spite of parentage established by DNA test.
Judgment | Legal Summary
P.W. v. Austria, no. 10425/19
Article 14 in conjunction with Article 5: applicant resisting police not in a relevantly similar situation to an individual who has hit a private person.
Judgment | Legal Summary
Stoyanova v. Bulgaria, no. 56070/18
Article 14 in conjunction with Article 2: homophobic motives underlying a murder not constituting a statutory aggravating factor and having no measurable effect on sentencing.
Judgment | Legal Summary
Savickis and Others v. Latvia [GC], no. 49270/11
Article 14 in conjunction with Article 1 of Protocol No. 1: difference in treatment based on nationality in the context of the restoration of a State’s independence after unlawful occupation and annexation.
Judgment | Legal Summary
Arnar Helgi Lárusson v. Iceland, no. 23077/19
Article 14 in conjunction with Article 8: lack of wheelchair access to two public buildings. Applicability and merits.
Judgment | Legal Summary
X and Others v. Albania, nos. 73548/17 and 45521/19
Article 1 of Protocol No. 12: failure to implement swift and comprehensive desegregation measures in an elementary school attended almost exclusively by Roma and Egyptian children.
Judgment | Legal Summary
L.F. v. the United Kingdom (dec.), no. 19839/21
Article 14 in conjunction with Article 8: exclusion of non-members of Orthodox Jewish Community from social housing owned by a charity catering for that community.
Decision | Legal Summary
T.C. v. Italy, no. 54032/18
Article 14 in conjunction with Article 8: order prohibiting a Jehovah’s Witness from actively involving his young child, brought up in Catholicism, in his religious practice.
Judgment | Legal Summary
Oganezova v. Armenia, nos. 71367/12 and 72961/12
Article 14 in conjunction with Article 3: homophobic arson attack and hate-driven mobbing campaign, including public hate speech by high-ranking officials, and homophobic online abuse. Applicability and merits.
Judgment | Legal Summary
Landi v. Italy, no. 10929/19
Article 14 in conjunction with Article 2: domestic violence and murder of her one-year-old son.
Judgment | Legal Summary
Anderlecht Christian Assembly of Jehovah’s Witnesses and Others v. Belgium, no. 20165/20
Article 14 in conjunction with Articles 9 and 1 of Protocol No. 1: failure to grant congregations of Jehovah’s Witnesses exemption from property tax.
Judgment | Legal Summary
Vool and Toomik v. Estonia, nos. 7613/18 and 12222/18
Article 14 in conjunction with Article 8: no long-term visits with cohabiting partners during detention on remand as opposed to convicted prisoners.
Judgment
Y and Others v. Bulgaria, no. 9077/18
Article 14 in conjunction with Article 2: no evidence that failure to protect life against domestic violence was due to gender-based discrimination.
Judgment | Legal Summary
Zakharova and Others v. Russia, no. 12736/10
Article 14 in conjunction with Article 11: discrimination on grounds of trade union membership through dismissal of employees.
Judgment
A and B v. Georgia, no. 73975/16
Article 14 in conjunction with Article 2: domestic violence culminating in murder by a police officer.
Judgment | Legal Summary
Negovanović and Others v. Serbia, nos. 29907/16 and 3 others
Article 1 of Protocol No. 12: different legal treatment for people with disabilities in the world of sports. Applicability and merits.
Judgment | Legal Summary