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ECHR - HOMEPAGE OF THE EUROPEAN COURT OF HUMAN RIGHTS - ECHR
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HUDOC ECHR-KS Council of Europe
GRAND CHAMBER JUDGMENT CONCERNING GERMANY
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In the case of Humpert and Others v. Germany the Court held that there had been
no violation of the freedom of assembly and association.
The case concerned the disciplinary sanctions imposed on the applicants,
teachers with civil-servant status, for having participated, during their
working hours, in strikes organised by their trade union in order to protest
against worsening working conditions for teachers.
The Court found that the prohibition of strikes by teachers with civil-servant
status did not render their trade-union freedom devoid of substance, as the
variety of different institutional safeguards which had been put in place
enabled civil servants and their unions to effectively defend their professional
interests. As a result, the Court held that the disciplinary measures against
the applicants following their participation in strikes had been within the
State’s discretion (“margin of appreciation”).
* Press release
* Delivery of the judgment
* Webcast of the hearing (01/03/2023)
* Country profile – Germany
more...
14/12/23
ADVISORY OPINION
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The ECHR has delivered its advisory opinion in reply to a request submitted by
the Conseil d’État of Belgium.
The request was submitted in the context of an application lodged by a security
guard before the administrative judicial division of the Belgian Conseil d’État,
seeking the annulment of a decision by the Ministry of the Interior to withdraw
an identity card entitling him to work as a security or surveillance guard, on
the grounds that he was in contact with individuals associated with the
“scientific” strand of Salafism.
* Press release
* Delivery of the advisory opinion
* Advisory opinion
* More info on advisory opinions
* Questions and Answers on the advisory opinion of the ECHR
more...
14/12/23
CHAMBER NEWS
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JUDGMENT CONCERNING GEORGIA AND THE RUSSIAN FEDERATION
19/12/23
In the case of O.J. and J.O. v. Georgia and Russia the Court held that there had
been violations of the right to liberty and security and of the right to a fair
trial by the Russian Federation and no violation by Georgia.
The case concerned the arrest, detention and sentencing of two men on spying
charges in the Autonomous Republic of Abkhazia (currently outside the de facto
control of the Georgian Government).
The Court found that, while Georgia had exercised no control over Abkhaz
territory at the time (2012-2016), it had jurisdiction by virtue of the events
having taken place on its territory recognised under public international law.
As regards Russia, referring to its findings in Georgia v. Russia (II), the
Court concluded that Russia had exercised continued effective control over the
area and thus had jurisdiction in respect of the matters complained of. The
Court specifically considered that the Georgian authorities had taken pertinent
measures within their power to continue to guarantee the rights and freedoms
under the Convention to those living in Abkhazia and that they had enabled the
applicants’ release following ten months of targeted and intense negotiations.
* Press release
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more ...
JUDGMENT CONCERNING POLAND
14/12/23
In the case of M.L. v. Poland the Court held that there had been a violation of
the right to respect for private and family life.
The case concerned restrictions on abortion rights. The applicant alleged that
she had been banned from having access to a legal abortion in the case of foetal
abnormalities, following a 2020 Constitutional Court judgment. She had become
pregnant and the foetus was diagnosed with trisomy 21. A scheduled hospital
abortion had been cancelled when the legislative amendments resulting from the
Constitutional Court ruling had come into force. Unable to have an abortion in
Poland, she had ultimately had to travel to a private clinic abroad for the
procedure.
The Court found that the legislative amendments in question, which had forced
her to travel abroad for an abortion at considerable expense and away from her
family support network, had to have had a significant psychological impact on
her. Such interference with her rights, and in particular with a medical
procedure for which she had qualified and which had already been put in motion,
had created a situation which had deprived her of proper safeguards against
arbitrariness.
* Press release
* Factsheet: Reproductive rights
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more ...
JUDGMENT CONCERNING POLAND
12/12/23
In the case of Przybyszewska and Others v. Poland, the Court held that there had
been a violation of the right to respect for private and family life.
The case concerned the alleged lack of any form of legal recognition and
protection available for same-sex couples in Poland.
The Court considered that the Polish State had failed to comply with its duty to
ensure that the applicants had a specific legal framework providing for the
recognition and protection of their samesex unions. That failure had resulted in
the applicants’ inability to regulate fundamental aspects of their lives and
amounted to a breach of their right to respect for their private and family
life.
* Press release
* Factsheet: Sexual orientation
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more ...
JUDGMENT CONCERNING LITHUANIA
12/12/23
In the case of Jasuitis and Šimaitis v. Lithuania the Court held that there had
been no violation of no punishment without law.
The case concerned the applicants’ conviction for trafficking in human beings.
They had hired a number of women to work as “web models”, but complaints were
made by one woman that they had used threats and psychological violence to force
her to carry out that work.
The Court found that the relevant law in this case and its interpretation by the
national courts had been clear. The applicants should have been able to see that
their actions would have come under the definition of trafficking in human
beings as set out in the Lithuanian Criminal Code.
* Press release
* Factsheet: Trafficking
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more ...
DELIVERED JUDGMENTS AND DECISIONS
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19/12/2023
* 5 Judgments
* Narbutas v. Lithuania - Factsheet: Covid 19
14/12/2023
* 27 Judgments & 96 Decisions
* Syndicat national des journalistes and Others v. France
FORTHCOMING JUDGMENTS & DECISIONS
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...
GRAND CHAMBER NEWS
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REFERRAL
14/12/23
The Court has accepted the referral to the Grand Chamber of the case Kovačević
v. Bosnia and Herzegovina.
This case concerns the inability of the applicant, a national of Bosnia and
Herzegovina, due to a combination of territorial and ethnic requirements, to
vote for the candidates of his choice in legislative and presidential elections
at State level. The applicant complained that because of a combination of the
territorial and ethnic requirements applicable to the House of Peoples of the
Parliamentary Assembly of Bosnia and Herzegovina, he had been unable to vote for
the candidates of his choice in the latest legislative elections. Similarly, he
had been unable to vote for the candidates of his choice in the most recent
presidential elections.
The Court has also decided to reject a request to refer one other case.
* Press release
* Cases pending before the Grand Chamber
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more ...
COMMUNICATION OF CASES
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COMMUNICATION OF CASES TO TÜRKIYE
18/12/23
The Court has communicated to the Government of Türkiye five cases covering
1,000 other applications.
The applications concern convictions for membership of an armed terrorist
organisation, based on the alleged use of the encrypted messaging application
called “ByLock”.
The core issues raised by the applicants have already been judged in the Court’s
Grand Chamber case Yüksel Yalçınkaya v. Türkiye. In that judgment the Court
highlighted that there were over 8,000 applications on the Court’s docket
involving similar complaints. These 1,000 apparent follow-up applications are
the first batch to be notified to the Turkish Government. Against that
background, the Court decided not to put any questions to the parties or to
require any observations on the applications.
* Press release
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more ...
COMMUNICATION OF A CASE TO SLOVAKIA
27/11/23
The Court has communicated to the Government of Slovakia the application Fico v.
Slovakia and has asked them to submit their observations on its admissibility
and merits.
The application concerns the secret monitoring of the applicant’s private
meetings, when he was an opposition member of parliament after already having
been Prime Minster, in the context of an investigation into what was seen as
suspected poaching. The applicant is the leader of a social democratic party
SMER and the current Prime Minister of Slovakia.
* Press release
* Factsheet: Data protection
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more ...
HEARINGS
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FORTHCOMING HEARING
18/12/23
The Court will be holding a Grand Chamber hearing in the case of Pindo Mulla v.
Spain on 10 January 2024.
The case concerns blood transfusions administered to the applicant, a Jehovah’s
Witness, against her will.
* Press release
* Calendar of hearings
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more ...
GRAND CHAMBER HEARING IN AN INTER-STATE CASE
13/12/23
The Court held a Grand Chamber hearing in the inter-State case of Ukraine v.
Russia (re Crimea).
The case concerns Ukraine’s allegations of a pattern (“administrative practice”)
of violations of the European Convention by the Russian Federation in Crimea
beginning in February 2014.
* Press release
* Webcast of the hearing
* Questions & Answers on Inter-State cases
* Inter-State applications
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more ...
DECISIONS
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INADMISSIBILITY DECISION CONCERNING ARMENIA
07/12/23
The ECHR has declared inadmissible the application in the case of Gyulumyan and
Others v. Armenia.
The case concerned the termination of the four applicants’ terms of office at
the Constitutional Court in 2020, following constitutional amendments which had
not been subject to judicial review. The context of those events was the “Velvet
Revolution”, a new government and their efforts to combat corruption.
The Court found that even though the applicants’ claim had concerned an arguable
right under Armenian law, namely their entitlement to serve their full terms of
office until retirement, their exclusion from access to a court had been
justified on objective grounds. In particular, their terms of office had been
ended through a constitutional amendment, which had been part of broader reform
and which had not been directed against them specifically.
* Press release
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more ...
QUICK LINKS
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OTHER NEWS
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75TH ANNIVERSARY OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS
13/12/23
On 10 December 2023, President Síofra O’Leary attended a conference Defending
the rights of everyone, everywhere held in Paris on the occasion of the 75th
anniversary of the Universal Declaration of Human Rights, in the presence of
Emmanuel Macron, President of the French Republic. She was accompanied by
Mattias Guyomar, Judge elected in respect of France. President O’Leary also
delivered an address during an official event hosted by Anne Hidalgo, Mayor of
Paris.
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more ...
AWARDS CEREMONY AT THE UNIVERSITY OF STRASBOURG
05/12/23
On 4 December 2023 President Síofra O’Leary attended an awards ceremony at the
Faculty of Law, Political Science and Management of the University of
Strasbourg, where she was accompanied by Judge Mattias Guyomar, elected in
respect of France. She delivered an address on that occasion.
* Speech by President Síofra O’Leary (in French only)
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more ...
CONFERENCE “HUMAN RIGHTS IN PRACTICE”
04/12/23
On 1 December 2023 President Síofra O’Leary took part in the Conference Human
Rights in Practice: the Role of Human Rights on the 20th anniversary of the ECHR
Act 2003 organised by the Irish Centre for European Law (ICEL) in Dublin
(Ireland). She delivered a speech on that occasion.
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more ...
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