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Case studies

Man’s struggle leads to the legalisation of homosexuality in Ireland

David Norris suffered from anxiety attacks and depression after realising that any open expression of his homosexuality could lead to a criminal prosecution. The European court ruled that the criminalisation of his sexuality breached his basic rights. In 1993, this led to the full legalisation of homosexual acts between consenting adults under Irish law.

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Man persecuted for his sexuality wins landmark judgment – transforming the law in Northern Ireland and beyond

Since the age of 14, Jeffrey Dudgeon experienced fear and psychological distress because his sexuality was seen as a crime. His house was raided by police, and he was interrogated for hours. In a test case, the European court ruled that the law violated the right to private life. In 1982, Northern Ireland legalised gay relationships – followed by many other European countries.

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Better protections for peaceful demonstrations after protest was banned

An NGO organised a series of demonstrations in Warsaw, to highlight discrimination against women and minorities. The gatherings were banned, after the city’s mayor said that he was against them because they included support for gay rights. The European court ruled that the ban violated the right to public assembly. This led to changes to Polish law to protect the right to protest.

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Woman’s legal fight to find out about her origins

Anita Godelli was abandoned at birth. She tried for decades to find out about her origins, but Italian law prevented her from accessing the information. The European Court of Human Rights ruled that this was unfair and in violation of Anita’s rights. As a result of the European court’s judgment, Anita was finally able to learn the identity of her birth mother.

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The landmark judgment that inspired Europe to act on violence against women

Nahide Opuz was abused by her husband for years. The violence tragically led to the murder of her mother. The European court ruled that Turkey had not done enough to protect Nahide and her mother, and, for the first time ever, that gender-based violence is a form of discrimination. The judgment helped to inspire international efforts to prevent and combat violence against women.

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Woman wins landmark case for the rights of single mothers and their children

Paula Marckx was unmarried when she gave birth. She was shocked to find out that, because she was single, her baby girl would not be recognised as hers unless she went through a legal process. Even after this, her daughter would have a reduced legal status and would not inherit from her. The European court ruled this violated their rights – leading to a change in the law.

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Teachers stop hitting children after Scottish mums complain to Strasbourg

Grace Campbell and Jane Cosans sent their children to state schools which continued to allow the use of corporal punishment. The two mothers complained to the European court, which found that this violated their right to have their children educated in line with their own convictions. Soon afterwards, the UK abolished the use of corporal punishment in state schools.

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France recognises family ties of parents of surrogate children

Born abroad through a surrogacy arrangement, sisters Valentina and Fiorella grew up in legal uncertainty. France refused to recognise their birth certificates, which caused them and their parents countless problems. The European court found that this undermined the girls’ identities within French society. France changed its case law to recognise the family ties of parents of surrogate children.

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Decriminalisation of homosexuality after architect wins case in Strasbourg

For decades, Cypriot law criminalised homosexual relationships between men. Alecos Modinos suffered from strain, apprehension and fear of prosecution due to his relationship with another man. The European court ruled that the criminalisation of Alecos’s sexuality violated his basic rights to a private life. In 1998, Cyprus decriminalised gay relationships.

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Human trafficking criminalised after 14-year-old girl kept in domestic servitude in Paris

From the age of 14, Henriette Akofa Siliadin was kept in domestic servitude. She worked all day, 7 days a week for over 4 years, for no pay. The people responsible could not be properly brought to justice, because French law had not criminalised their actions. The case helped bring about legal reforms to combat human trafficking.

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Death of an alleged victim of human trafficking

At age 20, Oxana Rantseva was allegedly trafficked from Russia to Cyprus for sexual exploitation. Two weeks later, she was found dead beneath a balcony after trying to escape. The European court found that the authorities had failed to protect her and also failed to properly investigate after her death. Following the events, a series of measures were carried out to fight human trafficking.

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Reinstatement of judge said to be the victim of political corruption

Oleksandr Volkov was dismissed from his role as a Supreme Court judge. His lawyer argued that he had been the victim of political corruption, which sought to undermine the independence of the Ukrainian judiciary. The European court ruled that his dismissal had been filled with bias and manipulation, in breach of his basic rights. Mr Volkov was reinstated as a Supreme Court judge in 2015.

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Legal aid system introduced after woman suffering from domestic violence was unable to access the courts

Mrs Airey wanted to be legally separated from her husband, who was allegedly a violent alcoholic. However, there was no legal aid and she could not afford the lawyers’ fees. The European Court of Human Rights ruled that the lack of legal aid effectively denied Mrs Airey access to a court, breaching her basic rights. Legal aid for such cases was introduced in Ireland in the following year.

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End to automatic voting ban for people placed under guardianship

At first, Alajos Kiss did not realise that the situation he was in because of his mental health difficulties meant he had lost the right to vote. The European Court of Human Rights later ruled that Hungary’s blanket voting ban for people placed under partial guardianship was unfair. The Hungarian government responded to the judgment by ending the automatic ban.

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98 year-old wins decades-long fight for property seized by the Communist regime

After the fall of communism in Romania, laws were passed giving people the right to claim back property nationalised by the old regime. Tens of thousands of people made such claims, but a huge number faced delays and failures to deal with their applications. The European court ruled that the system must be reformed – leading to a new law which made the restitution system more effective.

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Torture of man in custody influences reforms to end police abuse of detainees

Olsi Kaçiu was tortured by police and forced to give a statement which was later used to convict him. The European court found that his torture and unfair trial had violated Mr Kaçiu’s basic rights. As a result of this case and others, a range of reforms was introduced to prevent the ill-treatment of detainees and the use of evidence obtained through ill-treatment.

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Justice for man convicted because of his religious beliefs

Vahan Bayatyan is a Jehovah’s Witness. Aged 18 he asked to do civilian rather than military service, due to his religious beliefs. He was convicted of draft evasion, and sentenced to over two years’ imprisonment. The Strasbourg court ruled that this had violated Mr Bayatyan’s right to religious freedom. Subsequent changes were made to the system of national service.

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Deadly attack on woman and her son leads to ongoing reforms to combat domestic violence

Elisaveta Talpis’s husband physically abused her for years. She complained to the police, but they took no action for months. One night Elisaveta’s husband attacked her with a knife, wounding her and killing her son when he tried to intervene. The European court condemned the police’s inaction, leading to reforms to address domestic violence in Italy.

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Practical reforms to combat human trafficking

L.E. was tricked into travelling to Greece with a human trafficker. When they arrived, the trafficker took L.E.’s passport and made her work as a prostitute. The European court found that after the authorities had been alerted, their response suffered from shortcomings and delays. Since that time, reforms have been introduced to help tackle human trafficking in Greece.

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Secret filming of a child in a bathroom and the reform of privacy laws

Eliza Söderman was 14 when she found out that her stepfather had hidden a secret camera to record her undressing. The police got involved, but the stepfather was cleared of any crime because his actions had not been illegal under Swedish law. The Strasbourg court found that this violated Ms Söderman’s right to privacy. The case highlighted the need for legal reforms.

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Nurse compensated after being fired for whistleblowing

Brigitte Heinisch was a geriatric nurse. She claimed that practices in the old people’s home where she worked were putting patients at risk. After she made her allegations public, she was fired. Yet, the German courts found that her dismissal was lawful - so Mrs Heinisch took her case to the European Court of Human Rights in Strasbourg. Her case was then re-opened and she won compensation.

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Fair trial reforms after innocent man was sentenced to 40 years in jail

Neđo Ajdarić was 52 when he was given an unfair trial, wrongly convicted of three murders, and sentenced to 40 years in prison. He was released after winning his case at the European Court of Human Rights, and changes were introduced to help ensure fair trials in the future.

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Free speech group helps strengthen the right to public protest

Hyde Park is a free speech NGO. It organised a series of protests in Chişinău in 2005 and 2006. However, the authorities banned the events, giving reasons such as the fact that they disagreed with the point the protest was making. The European court ruled that the bans violated the right to free assembly. This and other cases led to reforms to protect free assembly in Moldova.

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Reforms to protect family life after a father was separated from his daughter

When Teuvo Hokkanen’s wife died he temporarily allowed her parents to look after his daughter, Sini. The grandparents then refused to return Sini or to let Teuvo see her. The Finnish courts ordered regular meetings to take place between Teuvo and his daughter, but the authorities failed to enforce that order. The European court ruled that this had violated Teuvo’s right to family life.

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Almost three years’ imprisonment for a crime he did not commit – and reforms to protect liberty

Wrongfully accused of murder and attempted burglary, Andrzej Leszczak was detained for almost three years before being acquitted at trial. The European court ruled that the Polish authorities had not given proper reasons for holding him and had not explored different ways of making sure he attended his trial. Following a series of such cases, Poland changed laws to protect liberty rights.

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Court win for victims of the Beslan school terrorism attack

In September 2004, over 330 people were killed (including over 180 children) and 750 injured in the Beslan hostage crisis. The authorities had had enough information to know that there would be an upcoming terrorist attack, but had not increased security or warned the public. Due to this shortcoming and others, the European Court ruled that the authorities had failed to properly protect the...

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Tbilisi residents affected by power plant pollution win landmark case

A power plant was allowed to carry out dangerous industrial activities just metres from the apartment block where Ivane Jugheli, Otar Gureshidze and Liana Alavidze lived in Tbilisi. The European court criticised the Georgian Government’s failure to protect the residents from the resulting pollution, which breached their rights. This judgment led Georgia to strengthen its environmental laws.

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Better protection for victims of sexual violence after police fail to properly investigate rape allegation

B.V. tried for years to get the authorities to investigate her allegations of rape and sexual assault. The European Court of Human Rights ruled that the Belgian authorities had not investigated B.V.’s allegations in a serious or thorough way. Belgium has since taken many steps to better protect victims of sexual violence.

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A mother’s fight for her child’s life leads to better guidance on parental consent to treatment

Doctors thought David Glass was dying – but his mother, Carol, did not think so. The European court ruled that the UK medical authorities should have sought approval from the courts before giving David treatment that Carol had not agreed to. The judgment led the UK to update its guidance on consent to treatment in circumstances when parents object to the proposed treatment of their...

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