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ECHR Case law updates


Case:Polidario v. Switzerland                                                         Violation of Article 8      
Application No. 33169/10, 30 July 2013
Press Release:  http://hudoc.echr.coe.int/sites/eng/pages/search.aspx#{"itemid":["003-4448978-5354287"]} (in French only)


The applicant is a national of the Philippines and lives in Geneva. She had a child with a Lebanese man who had acquired Swiss nationality. She was required to leave Switzerland and she returned to the Philippines with the child. She signed an affidavit authorising the father to have his son in Switzerland for the holidays. The father did not then return his son to the Philippines. The father was then awarded custody of the child and the applicant had access rights which had to be exercised in Switzerland, whereas she had no authorisation to stay there. Relying on Article 8 (right to respect for private and family life), she complained that the refusal by the Swiss authorities to issue her with a residence permit for over six years had breached her right to respect for her family life



Case:
X and Others v. Austria                                                            Articles 14 and 8
Application No.
19010/07, 19 February 2013
Press Release: http://hudoc.echr.coe.int/sites/eng/pages/search.aspx#{"itemid":["003-4264492-5083115"]}

Violation of Article 14 (prohibition of discrimination) taken in conjunction with Article 8 (right to respect for private and family life)
No violation of Article 14 taken in conjunction with Article 8 when the applicants’ situation was compared with that of a married couple in which one spouse wished to adopt the other spouse’s child


The case concerned the complaint by two women who live in a stable homosexual relationship and the Austrian courts’ refusal to grant one of the partners the right to adopt the son of the other partner without severing the mother’s legal ties with the child (second-parent adoption).



Case: Ahmet Yildirim v. Turkey                                                           Violation of Article 10

Application No.
3111/10, 18 December 2012
Press Release:
http://hudoc.echr.coe.int/sites/eng/pages/search.aspx#{"itemid":["003-4202780-4985142"]}

The case concerned a court decision to block access to Google Sites, which hosted an Internet site whose owner was facing criminal proceedings for insulting the memory of Atatürk. As a result of the decision, access to all other sites hosted by the service was blocked.



Case: Miller v. Sweden                                                            Violation of Article 6
Application No.
55853/00, 8 Feb. 2005
Press Release http://hudoc.echr.coe.int/sites/eng/pages/search.aspx#{"itemid":["003-1254201-1314567"]}

The case concerns an applicant that applied for disability benefits. He claimed that, even before his 65th birthday in 1983, he had incurred extra costs due to his illness, (Charcot-Marie-Tooth: patients suffering from this disease slowly lose their normal use of their feet/legs and hands/arms as nerves to the extremities degenerate), from which he had suffered since the 1970s and which had been diagnosed in September 1982. The Social Insurance Office of the County of Stockholm rejected the application, finding that the applicant’s disability had not reached the level required before he turned 65 years of age