Clearer rules for selecting national minority MPs
The European Court of Human Rights found that Romania’s election authorities had overlooked a representative of the Italian minority for a seat in parliament even though nationwide he was the community’s favourite. The judgment prompted Romania to bring in clearer rules about how parliamentary seats should be allocated to winning organisations representing national minorities.
Romania
Wider availability of drug substitution therapy in prisons
The European court ruled that the German authorities violated the human rights convention by refusing to give drug substitution therapy to a prisoner suffering from long-term addiction, even though there was a strong indication it was the treatment he needed. Germany responded by making such therapy more available in prisons.
Germany
Protections against the arbitrary exclusion of voters in elections
The European Court of Human Rights found that Georgia breached a political party’s right to stand for election by disenfranchising 60,000 voters it might have relied upon for support. The court’s judgment in the Georgian Labour Party’s case led Georgia to change its election law, setting out clear criteria which must be met for the electoral authorities to annul results.
Georgia
An election candidate’s unfair disqualification leads to new rules on property declarations
Election authorities prevented Gagik Sarukhanyan from standing for parliament because he had failed to declare property he owned. The European court found that this had violated Gagik’s electoral rights, because he had had good reason to believe his declaration was correct. Armenia responded by removing the requirement for election candidates to declare such information before registration.
Armenia
End to voting ban for certain types of prisoners
A jailed businessman complained that Turkey’s ban on prisoners voting breached his electoral rights. The European court agreed with Ahmet Söyler, finding that the restriction violated the human rights convention because it was applied in an “automatic and indiscriminate” way. This judgment led Turkey to lift the voting ban for certain types of prisoners.
Türkiye
Turkish Cypriots win the right to vote
The European Court of Human Rights found that Cyprus had prevented Ibrahim Aziz from voting and discriminated against him simply because he was Turkish Cypriot. The court ruled that Cyprus would have to make legal changes to secure Ibrahim’s right to vote, which it did in 2006, giving all Turkish Cypriots the right to vote and to stand in elections.
Cyprus
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.
Hungary
Criminal convictions for urging Israel goods boycott cancelled
Eleven people were convicted for calling for a boycott of Israeli goods in solidarity with Palestine. According to the European court, the French courts had not established why these criminal convictions were “necessary in a democratic society”. The European court’s judgment led to the cancellation of the protestors’ convictions and greater freedom to support boycotts for political reasons.
France
A second chance at justice for Saur Vallnet enterprise denied a fair trial
Saur Vallnet’s lawyer discovered a conflict of interest concerning a judge who decided on the company’s case. The European court ruled that the company was justifiably concerned about the judge’s impartiality. Andorra responded by bringing in new laws allowing national court decisions or judgments to be revised following a Strasbourg ruling finding a violation of the ECHR.
Andorra
New law protects anti-corruption prosecutors from political interference
The European court found that Romania’s chief anti-corruption prosecutor had had no way to legally challenge her dismissal. Also, the government’s decision to dismiss her had violated her free speech because it was mostly in response to her public criticism of controversial legal reforms. Romania then changed the law to protect prosecutors from abusive removal from office.
Woman wins legal fight to get her apartment back
The Azerbaijani courts backed the eviction of a family of internally displaced persons who were squatting Valentina Akimova’s apartment, but postponed any action being taken. The European Court of Human Rights found this to be unlawful and in breach of Valentina’s right to property. Thanks to the European court’s judgment, Valentina was able to get her apartment back.
Azerbaijan
Free speech ruling leads to checks on Liechtenstein prince’s power
Liechtenstein’s prince said he would bar Herbert Wille from holding public office because of opinions the legal expert had expressed. The European court ruled that this violated Dr Wille’s free speech. Liechtenstein responded by making sure that individuals can make complaints in their own country about alleged violations of the ECHR, including against the prince himself.
Liechtenstein
Justice for the families of victims of war crimes and disappearances from the conflict in Croatia
Josipa Skendžić waited decades for answers about what happened to her husband. The European court ruled that Croatia failed to properly investigate his disappearance in police custody during the “Homeland War” in 1991. Since the judgment, Croatia has taken steps to ensure that all allegations of war crimes are properly investigated and has intensified the search for missing persons.
Croatia
Greater protection of privacy after a civil servant was spied on to pass NATO security clearance
Gracinda Maria Antunes Rocha would never have started her new job had she known that she would be placed under surveillance to get security clearance. The European Court of Human Rights found that the Portuguese authorities had breached her right to privacy. Portugal responded to the judgment by bringing in a new law allowing victims to get justice more easily in such circumstances.
Portugal
Strict rules on the storage and use of communist-era Securitate files
The Romanian government breached Aurel Rotaru’s right to privacy by revealing false and damaging information about him based on an old communist-era secret police file. The European Court of Human Rights found that the law in Romania lacked safeguards against abuses with regard to the storage and use of such records, prompting the government to more strictly regulate access to them.
Mother wins legal fight to get her children back
Liliana loved her children but struggled to raise them alone. A Portuguese judge, however, thought she was a bad mother, ordering that her youngest children be taken away from her. The European court said that decision breached Liliana’s rights, and the authorities should have tried to keep the family together. Its judgment led to Liliana being reunited with her children.
Maternity benefits for all mothers, regardless of nationality
A young family was unable to get maternity benefits because the mother was not Hungarian, even though her husband and twin boys had been born in Hungary. The European Court of Human Rights ruled that this was discrimination. Hungary then changed the law to cover every mother legally residing in the country, regardless of their nationality.
Vulnerable victims of domestic violence gain exemption from “bedroom tax”
A woman at severe risk of domestic violence faced eviction from her specially-adapted home because cuts to housing benefits meant she could no longer afford the rent. The European Court of Human Rights ruled that the woman was discriminated against because of her gender. The UK then changed the law to exempt women like her from changes to the benefit rules.
United Kingdom
A father’s fight for justice leads to better police oversight
Maigonis Emars had serious concerns about the police investigation into his daughter’s death. The European Court of Human Rights agreed, ruling that the murder probe was neither appropriate nor independent. In response to the court’s judgment, Latvia took steps to improve the independence of investigations to try to stop the same thing from ever happening again.
Latvia
Tens of thousands of people compensated over World War II property claims
Jerzy Broniowski waited over 60 years to be compensated for the property his grandmother was forced to abandon at the end of the Second World War. Justice was finally delivered when a European court judgment led Poland to properly compensate Jerzy and many others like him. It was the first time the court used a special procedure designed to deal with widespread and systemic problems.
Poland
Better licensing procedure for TV stations
Independent TV channel A1+ was taken off the air after a regulator denied its parent company’s bid for a broadcasting licence. The European court ruled that Armenia had breached the company’s freedom of expression because the regulator gave no reasons for its decisions. Armenia then changed the law to bring the licensing procedure into line with the European Convention on Human Rights.
Protection against the abuse of secret surveillance in insurance disputes
Savjeta Vukota-Bojić felt violated when she learned that her insurance company had had her secretly followed during a dispute over accident cover. The European Court of Human Rights ruled that Savjeta’s privacy had been breached because Swiss law lacked safeguards against abuse, prompting Switzerland to bring in stricter rules on the use of secret surveillance by insurance companies.
Switzerland
Constitution changed after ex-president was banned for life from standing for parliament
Former president Rolandas Paksas was barred from running for parliament after the law was changed to stop any official who had been removed from office from standing in elections. The European court ruled that this lifelong ban violated Paksas’s rights. Lithuania responded to the European court’s judgment by changing the constitution to make the ban temporary.
Lithuania
Children’s court case brings an end to discriminatory Roma-only classes
Fourteen Roma children said their schools had racially discriminated against them. The Croatian courts disagreed, so the children brought their case to the European court, which ruled that their placement in Roma-only classes had violated their human rights. Croatia then took steps to end discrimination against Roma children in primary education, including by abolishing segregated classes.
Fair compensation for victims of infected blood scandal
The European court ruled that Italy’s decision to stop victims from receiving inflation-adjusted compensation breached their human rights. Many relied on the payments to cover ongoing medical costs. The court’s ‘pilot judgment’ found that many others had potentially been affected by the decision, resulting in Italy making back payments totalling hundreds of millions of euros to victims.
Italy
Millions paid in compensation to families whose lands were seized under communism
Following the collapse of communism, Albania decided that compensation should be granted to people who had rightful claims to lands seized under the communist regime. But most of the money was never paid. In response to a ‘pilot judgment’ from the European court, identifying a widespread problem in the country, Albania created a new, efficient compensation scheme and paid out millions to...
Albania
Hate crime laws strengthened after police failed to properly investigate a racist attack
Rafi Sakir, a victim of a racist attack, was held in a dirty, overcrowded prison cell because he did not have residence papers to legally stay in Greece. Police did not even ask him to make a statement about the attack. The European court ruled that they had failed to properly investigate his case. This judgment led Greece to treat hate crimes more seriously.
Greece
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.
Legal code changed after a woman was excluded from a courtroom for wearing a hijab
Hagar Lachiri was excluded from a Belgian court hearing because she refused to take off the headscarf she chooses to wear as a practising Muslim. The European Court of Human Rights ruled that this violated Hagar’s religious freedom. Belgium responded to the judgment by changing the law on which the violation was based.
Belgium
Safeguards on DNA storage after a farmer’s privacy rights were breached
Jean-Michel Aycaguer refused to give a DNA sample to police because he was concerned about his personal data. He was fined €500. The European court found that France had violated Jean-Michel’s right to privacy because the law on the storage of DNA profiles lacked sufficient safeguards. This judgment caused France to change the law to better protect personal data.
Bosnian war widow wins legal battle to reclaim her family’s lost property
After fleeing the horrors of war, genocide survivor Fata Orlović returned to her home near Srebrenica, only to find that a church had been built on her land. Over the next two decades, Fata fought tenaciously to get the land back. Her legal battle ended in victory at the European Court of Human Rights. The court’s judgment caused Bosnia and Herzegovina to finally remove the church.
Bosnia and Herzegovina
Same-sex couples win the right to enter civil partnerships
As a same-sex couple, Grigoris Vallianatos and Nikolaos Mylonas were prevented under Greek law from entering a civil partnership, which is a form of official union different to marriage. The European Court of Human Rights ruled that this was discriminatory. In response to the judgment, Greece passed a new law that gave same-sex couples the right to enter civil partnerships.
Health reforms after a pregnant woman was denied life-saving care
Pregnant mother Menekşe Şentürk died after being denied treatment that could have saved her life. The European Court of Human Rights found that she was a victim of medical negligence. This judgment and others led Turkey to improve its healthcare system and make it more accessible for people who cannot afford urgent care.
Justice for an orphan whose aunt and uncle kept her as a servant
C.N. and her sister V. were sent to live with their aunt and uncle in France after their parents died. They were put to work and made to sleep in a cold cellar. The European court found that, in particular, C.N.’s circumstances amounted to servitude and forced labour. After the European court’s judgment, France passed a new law to better define and combat human trafficking.
Holocaust survivor defends his reputation at the European court
Aba Lewit took legal action against a magazine that described concentration camp survivors as “a plague”, but the Austrian courts said he had no case to argue. Aba then turned to the European Court of Human Rights, which found that Austria had failed to protect his reputation. Austria’s highest court later declared that the domestic courts had not properly explained their decisions in Aba’s...
Austria
European court proceedings lead to acquittal of opposition politician
Ilgar Mammadov was detained after writing a blog post criticising the government. The European Court of Human Rights ruled that his detention was politically motivated. For the first time ever, the Council of Europe launched a special procedure against a member state over Azerbaijan’s response to the judgment. This eventually caused Azerbaijan to release Ilgar and quash his conviction.
Law changed after man was illegally held in a social care home
Jaroslav Červenka was held against his will in a social care home after his public guardian decided he was not fit to look after himself. The European Court of Human Rights ruled that Jaroslav’s right to liberty was violated. Anticipating the court’s judgment, the Czech Republic introduced better protections for people placed in social care homes.
Czechia
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.
Historic ruling ends ban on gay people serving in the armed forces
Jeanette Smith, Graeme Grady, Duncan Lustig-Prean and John Beckett were all investigated and dismissed from the armed forces because they were gay. The European court ruled that the UK was unable to justify this policy and that its actions against the service members had violated their rights. In response to the judgment, the UK lifted the ban on gay people serving in the military.
New measures to prevent and monitor prison violence after innocent man’s rape ordeal
Fabian Gjini, an innocent man, suffered unspeakable abuse at the hands of his cellmates during his month-long detention. The European court ruled that Serbia had failed to detect, prevent or monitor the violence against Fabian. By the time of the judgment in his case, Serbia had taken tough measures to tackle prison violence and to improve human rights protections for detainees.
Serbia
European court ruling ends infertility requirement for gender reassignment surgery
A Turkish court decided that Y.Y., a transgender man, was not allowed to have gender reassignment surgery because he was not infertile. The European court said this requirement was unnecessary. It found that Turkey had breached Y.Y.’s rights by denying him the chance to have surgery for many years. In response, Turkey removed the infertility requirement for gender reassignment surgery.
European court judgment leads to re-registration of political party
The European Court of Human Rights ruled that the Russian authorities violated a political party’s freedom of association by refusing to change information in its official register and later ordering the closure of the party. The European court’s judgment led to the re-registration of the party. It also prompted Russia to bring in clearer rules around the registration of political parties.
Russian Federation*
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...
Ban lifted on medically assisted reproduction for healthy carriers of serious genetic diseases
As healthy carriers of a serious genetic disease, Rosetta Costa and Walter Pavan were unable to undergo medically assisted reproduction under Italian law. The European court ruled that the law in this area was inconsistent, and in breach of the couple’s rights. This judgment led Italy to lift the ban, which means couples like Rosetta and Walter can now access the treatment they need.
Justice for widower whose rights were breached in assisted dying case
The German courts refused to fully consider Ulrich Koch’s complaints against a decision to refuse his late wife’s request for help to end her life with dignity. The European court found that Ulrich’s rights had been breached. Ulrich then took successful legal action in Germany thanks to the European court’s ruling in his case.
Fair trial breach leads to better approach to resolving medical disputes
Iceland’s highest court overturned a legal ruling which found that medical mistakes had been made immediately after the birth of Sara Lind Eggertsdóttir. The European court found that the proceedings were unfair because the Icelandic court trusted opinions from an expert body that lacked neutrality. This judgment led Iceland to improve the way its courts handle disputes over medical issues.
Iceland
Compensation for North Sea divers denied access to information about health risks
Hundreds of divers suffered long-term health problems after taking part in diving operations during Norway’s “pioneer era” of oil exploration. The European court found that Norway had violated their human rights because they were denied access to information about health risks. The judgment allowed the divers to secure more compensation from the Norwegian government.
Norway
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.
Forced sterilisation of Roma woman leads to stricter rules on consent to treatment
V.C. was a victim of forced sterilisation, a practice that persisted in Slovakia for decades, disproportionately affecting Roma women. The European court ruled that the procedure, carried out whilst V.C. was giving birth, amounted to ill-treatment. Slovakia brought in new rules on patients’ consent to treatment after it emerged that many other Roma women had been unlawfully sterilised.
Slovak Republic
Woman wins right to legally give birth at home
Anna Ternovszky did not want to give birth in a hospital, but any health professional who helped with a home birth risked prosecution. The European court ruled that this legal uncertainty breached Anna’s rights. Hungary responded to the judgment by passing a new law allowing soon-to-be mothers to give birth at home.
Improvements to prison healthcare after inmate with epilepsy denied proper treatment
Robert Kaprykowski, who has severe epilepsy, struggled to get the help he needed in prison, even though doctors warned that his life was at risk without specialist care. The European court found that the Polish authorities failed to provide Robert with proper medical care. This amounted to ill-treatment. Following the judgment, Poland made substantial improvements to prison healthcare.
Landmark judgment leads to change in abortion law
C., a cancer survivor, was unable to find out whether her pregnancy posed a risk to her life. The European court ruled that Ireland’s lack of an accessible and effective process by which C. could have established whether she qualified for a lawful abortion breached her human rights. The judgment led to Ireland changing the law on abortion.
Ireland
Safeguards for vulnerable people after autistic man was illegally detained in hospital
H.L., who has autism, was kept in hospital as an “informal patient” after he suffered a mental health crisis. The European court ruled that this amounted to detention and UK law had not sufficiently protected him. In response, the UK introduced legal safeguards for the placement and detention in psychiatric facilities of vulnerable people who cannot make legal decisions for themselves.
Justice for the family of asbestos poisoning victim
Hans Moor was exposed to asbestos during his work in the 1960s and 70s. This gave him cancer, which was diagnosed in 2004. Hans Moor died in 2005, aged 58. Just before his death, Mr Moor had brought a claim for damages against his former employer for failing to take precautions against exposure to asbestos. The claim was continued by his wife and children.
Same-sex couple win discrimination case over health insurance refusal
P.B. and J.S. wanted to be jointly covered by J.S.’s civil service health insurance scheme, but P.B.’s request was refused because he was a same-sex partner. The European court ruled that Austria had unfairly discriminated against P.B. and J.S., up to the point when the law on civil service insurance cover was changed to no longer distinguish between same-sex and opposite-sex couples.
Parents win fight for justice following their son’s death
Gregor Šilih was 20 when he died in hospital. His parents believed that medical negligence was to blame. They launched legal action to find out the truth. Thirteen years later their claim had still not been resolved. The European court ruled that the authorities had failed to take effective steps to discover the truth. The case led to reforms to stop the same thing from happening again.
Slovenia
Justice for woman whose private health data was leaked to journalists
Gitana Biriuk took successful legal action against a newspaper that disclosed her HIV status. She only received a small amount in damages because of legal limits on what could be awarded. The European court ruled that these limits failed to protect Gitana’s right to privacy. By the time of the judgment, Lithuania had removed the upper limit on compensation awarded by its courts in such...
Clearer rules on consent after a widow was not told about the removal of tissue from her late husband’s body
Dzintra Elberte discovered that tissue had been removed from her late husband’s body without her knowledge or consent. The European court ruled that the law in this area was unclear and open to abuse, and that Dzintra suffered unduly because of what had happened. Latvia responded to the judgment by bringing in clearer rules on consent for donation.
Justice for family of murdered mother and daughter
M.T. and her infant daughter, V.T., were shot dead by a man who had just been released from prison after making violent threats against them. M.T. and V.T.’s family believed that the authorities had not done enough to protect them. The European court agreed. Its judgment in their case led Croatia to strengthen protections for victims of domestic violence.
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.
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.
Afghan woman facing gender-based persecution saved from expulsion
Sweden refused to grant N. asylum despite her claims that she would face gender-based persecution if she was returned to her native Afghanistan. An expulsion order against her was cancelled after the European court ruled that it violated her human rights.
Sweden
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.
Official apology for woman asked offensive questions by alleged abuser in court
Y. was 14 years old when she told her mother that she had been sexually assaulted. An investigation into her claims dragged on for years, and when her case eventually came to trial, Y. was asked humiliating questions by her alleged abuser. The European court ruled that the authorities had failed to properly protect her. The ruling caused Slovenia’s Minister of Justice to apologise to Y.
More support for victims after mother and daughters win domestic violence case
Doina and Mariana often witnessed their father beating their mother, Lilia. No firm action was taken against him after he repeatedly broke a restraining order banning him from visiting the family home. The European Court of Human Rights found that the authorities had not done enough to protect Lilia and her daughters. This led Moldova to take steps to tackle domestic violence.
Republic of Moldova
Justice for the mother of two murdered children
Dana Kontrová repeatedly warned the police that her husband was violent and unstable. One day the police failed to take action after being told the man was threatening his family with a shotgun. Two days later he murdered his children before committing suicide. The European court ruled that the authorities had failed in their duty to protect the children, violating the right to life.
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.
Strict curbs on industrial hazards after father and son’s complaint about cyanide use at gold mine
Baia Mare resident Vasile Tătar feared for his son Paul’s health after a mining company was allowed to continue using cyanide despite its role in a disastrous chemical spill. Vasile and Paul took their case to the European Court of Human Rights, which found that Romania had failed to uphold their right to a healthy environment. Romania took steps to better regulate risky industrial activities.
Justice for environmental activists in ‘McLibel’ defamation case
McDonald’s brought a successful libel case against two environmental activists, Helen Steel and David Morris, who could not afford a lawyer at the time of the trial. The European court found that the UK’s refusal to grant legal aid to Helen and David caused a breach of their rights. The UK now allows legal aid to be granted, in exceptional circumstances, in defamation cases.
New powers for state inspectors after woman wins noise pollution case
For more than a decade, Ljubica Udovičić’s home life was disrupted by excessive noise from a bar directly beneath her apartment. The police were called dozens of times because of drunk and violent customers. The European court found that the Croatian authorities had failed to act and Ljubica’s rights had been breached. This led Croatia to take steps to improve protections against noise pollution.
Harm to family life from motorway pollution prompts better environmental protections
Natalya Grimkovskaya’s family home became almost uninhabitable after local authorities re-routed a busy motorway through the street outside. Doctors diagnosed her young son with chronic lead and copper poisoning. The European court found that the authorities had not done enough to protect Natalya’s family life. This prompted Ukraine to introduce new environmental protections.
Ukraine
Homeowner compensated for collapsed property in environmental hazard zone
Detonations from an open-pit coalmine shook Dimitar Yordanov’s home after the state failed to rehouse him and his family. The European court found Bulgaria responsible for the fact that the house remained in an environmental hazard zone, in breach of Dimitar’s right to property. The court awarded him compensation for the house that he was ultimately forced to abandon.
Bulgaria
Better access to justice after environmental group’s legal challenge was unfairly rejected
The Conseil d’État rejected an environmental group’s challenge to a decision allowing a landfill site to be expanded because they did not include a statement of facts in their application. The European court ruled that this breached the group’s right to a fair trial. The judgment prompted the Conseil d’État to take a less formal approach when considering complaints.
Justice for homeowners unable to challenge plans for a railway in a protected nature area
The European Court of Human Rights ruled that people living in a special nature protection area should have had the right to a full legal review of government plans to build a railway close to their homes. Sweden’s highest court has now changed its approach, strengthening people’s right to a legal review when the government makes similar decisions.
Man cleared of defamation after responding to allegations of contaminated drinking water
Zoran Šabanović was given a suspended prison sentence for defamation over claims he made related to water contamination. The European court found that Zoran’s conviction breached his right to free speech. Montenegro then decriminalised defamation and Zoran was acquitted after a re-trial.
Montenegro
Fair trial breach leads to better access to lawyers in police custody
No lawyer was present when police interrogated 17-year-old Yusuf Salduz after he was arrested at a protest. Yusuf was convicted based on evidence that the European court ruled was unfairly gathered, in breach of his right to a fair trial. Turkey took steps to strengthen the right of access to a lawyer in police custody.
Protection for victims of hate crime after abuse of Hare Krishna follower
Života Milanović, a member of a religious minority, was the target of a hate campaign that lasted for years. Police seemed more interested in Života’s beliefs and his appearance than in finding his attackers. After the European court ruled that the authorities had failed to prevent and properly investigate the attacks because of Života’s religion, Serbia made hate crime a serious criminal...
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.
Woman’s legal fight prompts Ukraine to lift restrictions on name changes
Nataliya Garnaga wanted to change her patronymic name to more closely associate herself with her stepfather and the family she loves. But the registration office refused her request because the law did not allow it. A European court ruling found little basis for the restrictions, causing Ukraine to give everyone the right to change their patronymic name.
Compensation and official apology for victim of CIA torture and secret “rendition”
Khaled El-Masri’s unimaginable ordeal began when he was detained by FYR Macedonian border officials. He was handed over to US intelligence agents, who transferred him to a secret prison in Afghanistan. The European court recognised Khaled as a victim of “extraordinary rendition” and awarded him damages. FYR Macedonia apologised and took steps to prevent future such human rights violations.
North Macedonia
Media law changed after columnist fined for criticising politician
A Maltese court fined Michael Falzon after a prominent politician accused him of defamation because of an article he wrote. The European court ruled that Michael’s criticism of the politician was legitimate and in the public interest. This breach of his right to free speech led Malta to change its laws on libel and slander.
Malta
Democracy returns to Mostar after local resident’s historic European court case
For twelve years, Mostar residents like Irma Baralija were unable to vote or stand in local elections because of a legal deadlock. Irma decided to take a case to the European court, which found that Bosnia and Herzegovina’s failure to enable a vote had violated her rights. Bosnia and Herzegovina reacted to the judgment by changing electoral law – bringing democracy back to Mostar.
Thousands of people win right to recover ‘old’ foreign-currency savings
Thousands of people could not access their ‘old’ foreign currency savings for decades after the breakup of Yugoslavia. The European court ruled that Serbia and Slovenia’s delay in enabling savers to recover their funds had breached their rights. It ordered both countries to make changes to allow depositors to access their savings. Serbia and Slovenia then set up successful repayment schemes.
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.
Reforms made following the inhuman treatment of a four-year-old girl
When she was four years old, Tabitha Mitunga was held by the Belgian authorities for almost two months – without family, friends, or anybody to look after her. She suffered psychological damage and the European court ruled that her rights had been violated. Her case highlighted the need for better protections for unaccompanied children in Belgium and led to substantial reforms.
Justice for shoemaker who lived without rights for 20 years
In February 1992, over 25,000 people living in Slovenia were automatically stripped of their residency rights. Many of them – including Mustafa Kurić – had their papers taken away, were evicted, could not work or travel, lost personal possessions or lived in poor conditions. The law was changed, and a compensation scheme set up after a ruling from the European Court of Human Rights.
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.
Father wins battle to see his son - and rights for all Czech parents
When Vladimír Zavřel’s wife left the family home, she took the couple’s six-year-old son and stopped Vladimír seeing him. Vladimír got a court order for contact with his boy, but the authorities failed to enforce it. The European court ruled that this had violated the right to family life. Contact was re-established and the law was changed to prevent similar situations happening again.
Justice for mentally handicapped sixteen-year old subjected to sexual abuse
Mentally handicapped Miss Y. was sexually abused the night after her sixteenth birthday. Y.’s father tried to bring a criminal prosecution against the attacker, but Dutch law stated that only the victim could start such a prosecution. Y.’s condition meant she could not do this, so her attacker was not brought to justice. The European court ruled that this violated her basic rights.
Netherlands
Librarian strangled and beaten by her partner wins justice for domestic violence victims
Loreta Valiulienė told the authorities that she had been attacked by her partner. However, the public prosecutor repeatedly failed to investigate properly, until the case became time barred and the partner never faced justice. The European court ruled that these failures had violated Loreta's rights. A series of reforms were carried out to combat domestic violence in Lithuania.
Failure to investigate alleged brutality against man trying to help the police
Cvetan Trajkoski tried to report a dangerous situation to the police. He was then allegedly beaten by a group of officers – apparently because he had parked his car in the wrong place. The European court ruled that the authorities had failed to properly investigate the alleged attack. This and other cases led to reforms to ensure proper investigations of alleged police brutality.
Reforms introduced after failure to pay compensation to Chernobyl rescue worker
Anatoliy Burdov was exposed to radiation whilst working on the emergency response to the Chernobyl disaster. He was entitled to certain social benefits, but the authorities refused to pay - even when ordered to do so by Russian courts. The European court said that this violated Mr Burdov’s rights. As a result, reforms were introduced to improve the enforcement of judgments.
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.
Illegal detention of innocent man and reforms to protect the right to liberty
Sergey Solovyev lost three years of his life in a cell, after being falsely accused of manslaughter. At one point his detention was extended without an order from a judge and contrary to Russian law. The European court ruled that Mr Solovyev’s right to liberty had been breached. Russia changed its criminal laws to prevent unlawful detention orders and protect the right to liberty.
Widow wins fight for husband’s property confiscated by the police
When Karol Rummi’s husband died, his valuable possessions were arbitrarily confiscated by the police. When Mrs Rummi tried to get them back, she was not allowed to make her case in court and told that the property now belonged to the state. The European court ruled that her right to property had been breached. She was compensated and the law was changed to prevent similar problems happening again.
Estonia
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.
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.
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.
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.
Justice and reforms after airmen were given criminal convictions for their religious activities
Three Greek air force officers were members of the Pentecostal Church. They were all convicted for promoting their religion and given suspended prison sentences of over a year. The European court ruled that convicting the men for these conversations with civilians had violated their right to religious freedom. The Greek government took steps to ensure that no such prosecutions happened again.
Young woman saved from being stoned to death in Iran
Aged 24, Hoda Jabari was suspected of adultery in Iran. The crime could be punished by stoning to death. Hoda fled to Istanbul. However, the Turkish authorities decided to send her back. The European court prevented her from being returned to face a possible stoning. Hoda was allowed to stay in Turkey and eventually leave to seek a new life in Canada.
Man given 3 months’ detention for a crime he didn’t commit - and reforms to protect the right to liberty
Locked in a windowless cell, I. I. spent 3 months in pre-trial detention for a crime he did not commit. After he developed various illnesses, the charges against I.I. were dropped because of a lack of evidence and he was released. Following a series of similar cases, the law in Bulgaria was changed to protect people’s right to liberty.
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.
Privacy reforms after retired couple had their phone tapped
Jacques and Janine Huvig were a retired couple who had run a fruit-and-vegetable business. Police tapped their phone and listened to their conversations. At the time, investigators had almost limitless powers to tap the phones of almost anyone for almost any reason. The European court ruled that there must be clear legal limits and safeguards to protect people’s privacy – leading to a change in...
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.
Finland
Reforms made after mother lost custody of her children simply because of her religion
Ingrid Hoffmann was a Jehovah’s Witness. When she got divorced, a child psychologist advised that she should be given custody of her children, because of their close bond. However, an Austrian court ruled that the father should get custody, because of Ingrid’s religion. The European court ruled that this had been discriminatory – leading to changes to prevent the same thing happening again.
Airline worker wins fight for religious freedom
Nadia Eweida worked for British Airways (BA). She wore a small cross around her neck, as a sign of her religious faith. BA suspended Nadia from work without pay because her cross violated its uniform policy. The European Court of Human Rights ruled that this was an unreasonable interference with Nadia’s right to freedom of religion - leading to a change in relevant standards in the UK.
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.
Mass shooting of strawberry pickers leads to ongoing reforms
Hundreds of migrants were forced to work for months unpaid. When they demanded their pay, armed guards shot at them, seriously injuring 30 people. The guards and the employers were merely fined. The European Court of Human Rights ruled that the authorities had failed to properly address forced labour and human trafficking in this case – leading to widespread ongoing reforms.
Justice for businessman subjected to a police raid just because of someone else’s traffic violation
Jürgen Buck ran a small business in a town near Frankfurt. One afternoon police suddenly raided his house and office. Jürgen alleged that suspicions were raised locally that he was involved in crime, leading to a loss of business. Yet the raid had merely been an unnecessary step in proceedings against Jürgen’s son for speeding. The European court ruled that the raid had been disproportionate.
Justice for a victim of domestic violence in Romania
Bruised and beaten, Angelica Bălșan suffered eight assaults from her husband and sustained injuries that required up to ten days of medical care. She complained to the authorities, but they took no proper steps to protect her. The European court held that Angelica had been inadequately protected against the abuse – leading to ongoing reforms to combat domestic violence in Romania.
Reforms to protect free association after environmental group denied legal status
Four Ukrainians formed a group to help protect their local environment. However, when they tried to register their association the authorities refused, relying on administrative technicalities. The group had to dissolve. The European court ruled that this had violated the group’s right to freedom of association. In 2013 a new Law on Civil Associations created proper rules to protect such groups.
Justice for thousands of “erased” people after 20 years without rights
In February 1992, 25,671 people in Slovenia were automatically stripped of their right to live there. Many people – including Ana Mezga - had their papers taken away, were evicted from their homes, could not work, lost personal possessions or had their families broken apart. The law was changed and a compensation scheme set up after a ruling from the European Court of Human Rights.
Reform of gun laws after police shoot dead unarmed men
Two 21-year-olds absconded from military service and went to see their grandmother. When military police arrived, the men were unarmed and non-violent - and tried to run away. Nevertheless, they were shot dead. The European court ruled that the military police had used grossly excessive force. This case, and others, led to changes in the rules on the authorities’ use of firearms.
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.
Failure to investigate attack on Roma settlement leads to local reforms
All of the Roma inhabitants of a village had their houses burnt down by other locals. The authorities were warned, but refused to intervene. After the attack, the authorities did not investigate properly and the courts failed to give the victims a fair trial. Their application to the European court led to compensation and local programmes to combat discrimination and exclusion.
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.
An unreasonable ban on a peaceful demonstration leads to reforms to protect free assembly
A human rights NGO planned a march in Yerevan, to commemorate a man who had died in police custody. The Mayor’s office banned the march. The Strasbourg court ruled that the ban had not been properly justified, breaching the NGO’s right to free assembly. After the ban, reforms were made to protect the right to hold public demonstrations in Armenia.
Justice for victims of child abuse
Whilst in their parents’ care, four children were exposed to terrible neglect and emotional abuse. The European court found that the local authority had known about the abuse and had the power to take steps to protect the children, but it had not done so for four-and-a-half years. The children were awarded damages which provided funds for future psychological care.
Reforms to protect free assembly after protest was banned
In 2001 the Christian Democratic People’s Party of Moldova organised peaceful public protests calling for elections and European democratic values. The authorities banned the meetings. The Strasbourg court ruled that the ban had been disproportionate, and violated the right to free assembly. This case and others led to substantial reforms to protect the right to free assembly in Moldova.
Excessive police operation against journalists leads to reforms to protect media sources
Four Belgian journalists were targeted by the police in a huge search and seizure operation aimed at identifying the source of leaked government information. The European court ruled that the operation had been unjustified and disproportionate. The case influenced new legislation to improve protections for journalists and their sources.
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.
Legal standards changed after gay father was denied custody of his child
When João Salgueiro da Silva Mouta got divorced, the Court of Appeal granted his wife custody of their daughter. A decisive reason was the fact that João was gay. The European court ruled that this had been discriminatory, and without proper justification – leading to a change in Portuguese court practices.
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.
New rules to protect media pluralism after company prevented from broadcasting
Italian television was dominated by a small number of channels, with little diversity of ownership. When Centro Europa 7 tried to set up new channels, they were refused access to a broadcasting frequency. The company complained to the European court that the authorities were maintaining the concentration of media power in Italy. The case led to new rules for protecting media pluralism.
Justice for man made to pay huge fine for publishing criticism of a public official
Zoran Lepojić wrote an article saying that a mayor had wasted public money. The mayor successfully brought defamation charges, and Zoran was fined more than eight average monthly salaries. The European court ruled that this had been unreasonable, violating Zoran's right to free speech. The Supreme Court of Serbia took steps to protect freedom of expression in such circumstances.
Unfair trial leads to reforms to protect justice
César Igual Coll was cleared of failing to pay family maintenance, because he was unemployed and had no money. However, his case went to appeal. The appeal court held no public hearing and no evidence was taken from him. Nevertheless, César was convicted and sentenced to jail. The European court ruled that he had been denied a fair hearing. Changes were made to protect fair trials in Spain.
Spain
Reforms after children were taken away from their parents because they were poor
Emílie Wallová and Jaroslav Walla’s five children were taken away by the authorities, on the grounds that they did not have enough money to look after them. The European court ruled that taking the children away in these circumstances had breached the parents’ right to family life. New legislation banned putting children in care just because of the financial situation of their parents.
Arrest of human rights campaigner during his anti-corruption protest sparks freedom of assembly reforms
Human rights defender Oleksiy Vyerentsov organised demonstrations to protest against corruption. The peaceful gatherings were banned, Mr Vyerentsov was convicted of an offence and he was sentenced to three days’ detention. The European court ruled that his rights had been breached. The case led to ongoing reforms to protect the right to peaceful demonstrations in Ukraine.
Legal attack on a newspaper highlights the need for free speech reforms
Before a presidential election, the newspaper The Day published articles criticising two of the candidates. The politicians sued the owners of the newspaper for damages and won. The European court found that the owners had been punished merely for publishing opinions, violating their right to free speech. The case influenced reforms to protect freedom of expression in Ukraine.
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.
Justice after authorities failed to investigate allegations of police brutality
Aleksandr Mihhailov claimed that he had been violently beaten by police officers – both in a public place and after regaining consciousness in a police station. The Strasbourg court ruled that the subsequent investigation was not independent and suffered from serious flaws, such as a failure to collect relevant evidence. Reforms were carried out to make investigations more independent.
Protection for religious freedom after church banned from existence
The Metropolitan Church of Bessarabia is an Orthodox Christian Church. The Moldovan authorities refused to register it as a religious organisation, meaning that it could not own property and its members could not meet to practice their religion. The Strasbourg court ruled that the authorities’ refusal to recognise the church had been disproportionate. Substantial reforms were made to protect...
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.
Stronger protections for detainees after police mistreat dental technician
Vladimir Kummer was a dental technician. One night he was allegedly found urinating in the street. Police officers put him in a cell, where he was shackled to a wall and allegedly beaten. The Strasbourg court ruled that Mr Kummer had been subjected to degrading treatment and that there had not been a proper investigation. The incident led to significant changes to avoid such treatment in...
Justice for magazine editor ordered to pay huge damages – and new rules to protect free speech
Retired journalist Veseljko Koprivica was ordered to pay huge damages after losing a defamation case. The European court ruled that the damages awarded were so excessive that they violated his right to free speech. A ruling by the Supreme Court of Montenegro specified that damages for defamation should not be high enough to discourage journalists from playing their key role in society.
Failure to investigate death of a disabled man in police custody leads to reforms
Valdis Jasinskis was deaf and mute. He fell down some stairs outside a party and banged his head. The police were told about his injury and his disability, but they locked him in a cell and ignored his attempts to communicate. Mr Jasinskis later died in hospital, and the incident was not properly investigated. This led to a series of measures to help make sure that the police can be properly...
Arbitrary detention in psychiatric hospital leads to reforms to protect liberty
Frits Winterwerp was detained in a psychiatric hospital. He said that he was not mentally ill and he should be released. However, he was repeatedly prevented from making his case in the Dutch courts, which kept extending his detention without hearing from him. The European court ruled this had violated his right to liberty. Reforms were made to protect people in Mr Winterwerp’s situation.
Vulnerable child was denied a full adoption because her new mother was single
With the help of an international agency, Jeanne Wagner adopted a child from an orphanage in Peru. However, after they travelled back to Europe, the Luxembourg courts refused to recognise the full adoption because Jeanne was not married. The European court ruled that this was unfair and violated the right to family life. The adoption was recognised and the ban on single-parent adoption was...
Luxembourg
Free speech reforms after writer prosecuted for reporting allegations of police brutality
In the early 1980s Thorgeir Thorgeirson wrote articles claiming that there was a problem with police brutality in Reykjavik. His reporting was based on the prosecution of a police officer and various public allegations. Nevertheless, he was convicted for defaming the police. The European court ruled that this had violated his right to freedom of expression, leading to free speech reforms.
Unreasonably long legal proceedings lead to reforms to speed up access to justice
The European court identified numerous cases where legal proceedings in Lithuania had taken an unreasonably long time. One example was that of Donatas Šulcas, whose case lasted for almost nine years. Following rulings by the European court, a wide range of reforms were made to reduce delays in civil, commercial, administrative and criminal cases.
Reforms to address unreasonable legal delays
Dozens of applicants complained of excessive delays to legal proceedings in Germany. One was Rüdiger Rumpf, who waited for over 13 years to have an administrative issue decided upon. The European court identified a structural problem concerning a lack of remedies for excessively long proceedings in Germany. This led to significant reforms to tackle the problem.
Reforms to prevent police brutality after violent assault on innocent man
Artur Mrozowski was on the train home from work when the police arrived in response to disruption caused by other passengers. Mr Mrozowski was sober, peaceful and calm but an officer beat him in the face with a truncheon, knocking out three of his teeth. An investigation found that the police had done nothing wrong, but the European court ruled in his favour. Following this and other cases,...
Magazine made to pay damages for criticising politician’s homophobic behaviour
The magazine Mladina published an article criticising a politician for homophobic remarks in a parliamentary debate. The politician sued the magazine because he had been offended by its criticism. The Slovenian courts ruled against the magazine, ordering it to pay damages. The European court ruled this had violated the magazine’s rights – leading to reforms to protect free speech.
A mother’s struggle to be with her children leads to better protection for family life
M.D. lost custody of her two children after the authorities found that her former partner had been beating them and she had not protected them. M.D. then ended her relationship with the abusive partner and tried to get her children back. However, under Maltese law she had lost custody of the children forever, and she had no way to challenge this in the national courts.
Justice for the victims of Soviet oppression
Klaus and Yuri Kiladze were eleven and nine years old when their father was killed by the Soviet authorities. Their mother was then sent to a gulag, their family apartment was seized and they were taken into abusive State custody. Decades later, a Georgian law was passed establishing a right to compensation for victims of Soviet oppression. Yet the national courts still denied them justice.
15-year-old boy stabbed to death outside a school after authorities failed to act
The director of a school asked for the police to be present outside his school gates, due to significant problems between young people. No help was provided. 15 year-old Sedat Kayak was stabbed to death by another student just outside the school. The European court ruled that the authorities had failed in their duty to protect children. The case led to a series of reforms to help prevent school...
Justice for elderly widow forced to change her name by the government
Tiborné Daróczy was 71 years old when the government made her change her name - even though she she had used it for fifty years. Tiborné saw her name as a strong link to her late husband. She did not want to be forced to change it. The European court ruled in her favour and the Hungarian authorities then allowed Tiborné to keep her old name.
Greater protections for free speech after journalist sued for reporting on alleged political corruption
In July 2000 Ilnar Gorelishvili wrote an article about a politician who owned various expensive properties. She questioned how he had bought these whilst working in public service on a moderate salary. The politician sued her for defamation and won. The European court ruled that Georgian law had not properly protected Ilnar's right to give her opinion.
Reforms to protect free speech after journalists sued
Matti Paloaro and Pentti Eerikäinen were journalists. They reported on the prosecution of a businesswoman, who had abused public funds and was later sentenced to prison. The businesswoman sued the journalists, claiming they had invaded her privacy by publicising her prosecution. The businesswoman won in the Finnish courts – but the European court ruled in favour of the journalists.
Suspicions of a biased judge lead to reforms to protect a fair legal system
DMD Group was involved in a valuable legal claim against other companies. A judge in charge of allocating cases arranged to hear the claim himself, then abruptly dismissed it. DMD Group suspected the judge had deliberately arranged to reject their case. The European court said that the rules allowing the judge to control the case had been unfair – leading to reforms to the justice system.
Journalist convicted for asking questions wins free speech case at European court
In a report on alleged corruption in Portuguese football, José Manuel Colaço Mestre asked questions to an interviewee about the dual role played by Mr Pinto de Costa, who was then both Chairman of FC Porto and President of the Portuguese Football League. Because of these questions, José Manuel and his employer were both found guilty of criminal defamation in the Portuguese courts.
Senator put in prison for criticising the government
Senator Miguel Castells wrote an article claiming that the government was failing to investigate a series of murders. He was convicted of insulting the government and sentenced to a year in prison. The European court ruled that his right to free speech had been violated. The Spanish Constitutional Court then developed its case law to provide greater protection to free speech in Spain.
Newspaper’s free speech victory leads to reforms
In 1988 the local newspaper Bladet Tromsø published claims by a government inspector alleging misconduct by certain seal hunters. The Norwegian courts found the newspaper liable for defamation, saying that it had relied too heavily on government reports. The European court ruled that this violated the paper’s right to free speech – leading to reforms to protect freedom of expression.
Failure to investigate alleged police violence
After a row started in a bar in Štip, everyone present was taken into police custody. According to Pejrusan Jasar, once he was in a police cell he was severely beaten by a police officer. Mr Jasar lodged a criminal complaint but the public prosecutor took no steps to investigate. The European court ruled this had violated Mr Jasar’s basic rights – leading to a series of reforms.
Reforms after bank refused to pay out pensioner’s savings
Ruža Jeličić was a citizen of the former Yugoslavia. She worked in Germany in the 1970s and 80s and kept savings of German marks in a bank in the former Yugoslavia. However, along with thousands of others with foreign currency savings, she was banned from withdrawing the money after moving back home. After Mrs Jeličić stopped working and her husband died, she had no money to live on.
Improved custody rights for fathers of children born out of marriage
Horst Zaunegger had a daughter and separated from the child’s mother. German law limited his chances to obtain joint custody, because he and the mother had never been married. After he won his case at the European court, the law was changed to give fathers like Horst more rights.
Reforms made after unreasonable punishment given to conscientious objector
Iakovos Thlimmenos was a Jehovah’s Witness. He refused to do military service on religious grounds and was sentenced to four years’ imprisonment. Upon his release, he was also prevented from working as an accountant. The European court ruled that this had been unreasonable and unjustified - amounting to discrimination based on religion. Laws were changed as a result.
Fair custody rights for fathers of children born out of marriage
Under Austrian law, custody of a child born out of marriage was automatically given to the mother, with few exceptions. Meanwhile, custody of children born within marriage was decided according to the child’s best interests. At the European court, Gerald Sporer successfully argued that this was unfair – leading to a change in the law.
Justice for a mother who lost custody of her child
Verica Šobota-Gajić was given custody of her children after her relationship ended. However, her former husband took their son away. Due to the authorities’ inaction, Verica only regained custody of him six years later. The case led to reforms to make sure the right people have custody of children.
DNA records of innocent people destroyed after privacy complaint
Two men from Sheffield had DNA samples taken by the police. Criminal charges against them were dropped. However, under British law the police could retain their DNA forever. The Strasbourg court ruled that keeping DNA records of innocent people breached their right to privacy.
Justice for animal rights campaigners who had pamphlets seized by police
Elina Goussev and Michael Marenk were protesting against the fur trade. Police searched their homes and seized campaign materials. The European court ruled that this had breached their right to free speech, as the seizure had not been clearly justified by Finnish law. After the case had been submitted to the court, reforms were made to prevent arbitrary seizures.
Limits on government surveillance and the right to access information
R.V. was a postman. Along with 200 others, he was put under secret surveillance by security services – allegedly for being part of the Peace Movement. The European Commission for Human Rights found that Dutch law had not properly protected the applicants, violating their right to privacy. A new law was passed to clearly set out the circumstances and conditions in which secret surveillance can...
CCTV footage of suicide attempt used for publicity
A local authority’s CCTV cameras recorded a man attempting suicide. The local authority released the pictures to the media, after which they appeared in newspapers and on television. The Strasbourg Court ruled that the release of the images had been an unnecessary violation of the man’s privacy.
Legal reforms after innocent hotel director was jailed for 14 months without proper evidence
Hotel director Juozas Jėčius was held for over 14 months whilst awaiting trial for murder. However, there had never been any proper evidence against him, and he was acquitted at trial. The European court ruled that Mr Jėčius’s incarceration had violated his right to liberty. Following the Court’s judgment, new measures were introduced to help avoid unjustified detention.
Case highlights the need to protect the impartiality of judges
Mrs M. had her legal dispute presided over by a judge who was closely related to two of the lawyers representing the other side. The European court ruled that Mrs M.’s fears of impartiality had been justified and her right to a fair trial had been breached.
Unfair trial leads to fairer criminal procedures
Two men were convicted of a robbery on the basis of evidence which had been manipulated by police. The European court ruled that the defendants had an unfair trial. The law was changed to improve the identification of suspects and protect the right to a fair trial in Albania.
Reforms introduced after police failed to properly investigate a racist attack
One night in the village of Gánovce-Filice, Roma villagers were beaten with baseball bats and iron bars by other locals. The European court ruled that the authorities failed to properly investigate or punish those responsible. The case was re-opened, and legal changes were made to help the authorities tackle racist crimes.
New rules on detention after man subjected to inhuman prison conditions
After committing an administrative offence, Arnis Kadiķis was kept with four other detainees in a cell measuring only 6m2, with no window, bed or opportunity to leave for 15 days. The Strasbourg court ruled that these conditions amounted to degrading treatment. After the imprisonment, substantial reforms were made to conditions in Latvian prisons.
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.
Reforms made after a child was unable to be legally recognised as her father’s daughter
Nessa Williams-Johnston could not be legally recognised as her father’s daughter because he had previously been married to someone other than her mother. After the European court ruled in the family’s favour, new legislation was passed to give children in Nessa’s position proper legal status.
Death of a detainee leads to changes to medical practices in prison
A young man suffering from psychosis and depression was imprisoned for theft. Whilst in jail, he committed suicide. The Strasbourg court ruled that the authorities had not done enough to protect his life. New rules were set up to help prison staff prevent inmates committing suicide.
Case of a mother separated from her child
When María Iglesias Gil had a son by her ex-husband, she was given custody of the child. However, her ex-husband took the child away to the United States. When María went to the Spanish courts, they refused to issue an international arrest warrant and closed the case. The European court ruled that this decision had breached María's right to family life.
Reforms to prevent government interference with religious organisations
In 1995 the Bulgarian government removed the elected Chief Mufti of Bulgarian Muslims and appointed a different leader. The Strasbourg court ruled that this had been arbitrary government interference with a religious organisation, which breached the right to religious freedom. A new law was passed to end government control over the registration of religious groups.
Reforms to prevent detention without a court’s permission
Allar Harkmann was arrested and detained, without a court hearing his case or examining the legality of his detention. He was only released after 15 days. The European court ruled that the failure to have Mr Harkmann’s detention promptly reviewed by a judge, and the lack of any opportunity for him to obtain compensation, had violated his right to liberty.
Justice for man who was fined for writing an article
Isaak Grinberg wrote an opinion article criticising a local governor. The governor sued him for defamation, making him pay a fine. The European court ruled that Isaak had been punished for giving a value judgment about a public figure. This violated his right to free speech. Isaak was awarded €1,120 in compensation.
Greater protection for the media after journalist fined for refusing to reveal the identity of his source
Journalist William Goodwin was given leaked information about a company. The company wanted to sue the source of the leak - but William refused to reveal their identity. The UK courts fined him £5,000 for contempt of court. The European court ruled this had violated William's right to receive and give out information.
New compensation rules after villagers forced from their homes to live in extreme poverty
The government evicted the inhabitants of a small village for counter-terrorism purposes. They were not allowed to return for over 10 years. In the meantime, they were given no alternative housing or money, and they lived in extreme poverty. The Strasbourg court ruled that their rights had been violated. A new law introduced compensation for damages suffered during anti-terrorist activities.
Case of nine men beaten by police helps strengthen protections against abuse
Nine men originally from northern Cyprus came to work in the south.They were taken into custody by Cypriot police, beaten, and expelled from the country. The European Court of Human Rights ruled that they had been subjected to inhuman treatment. Along with another earlier case, this judgment led to reforms to protect detainees from police abuse.
Legal reforms after court-ordered child support was unpaid for thirteen years
Snežana Boucke had a baby daughter out of marriage. The father was ordered to pay child support. The authorities failed to make sure the order was enforced, and the payments were not made for 13 years. The European court ruled that this breached Snežana's right to have court rulings properly enforced. The case led to significant reforms to improve the enforcement of court orders.
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.
Reforms to protect media freedom after a journalist was convicted for a report about extremists
Jens Jersild is a journalist. He was convicted for filming a news report in which extremists made racist remarks. The European court found that convicting Jens for his work was disproportionate and violated his right to free speech. The case helped improve legal protections for media freedom in Denmark.
Denmark
Failure to investigate allegations of police ill-treatment
Market trader Ágoston Kmetty was allegedly beaten for 3 hours by police officers. However, no charges were brought against any of them. The European court held that the prosecutor had never properly investigated – refusing even to question the officers allegedly involved. Subsequent changes improved the remedies available to victims to ensure that crimes are properly investigated.
Reforms to protect free speech after journalist given prison sentence
Ionel Dălban was a Romanian journalist and ran a local weekly magazine, Cronica Romaşcană. He was convicted and given a prison sentence for writing about an alleged fraud by public figures. The European court ruled that the conviction had violated his right to freedom of expression. The case triggered reforms to free speech protections in Romania.
An end to government control over the right to appeal to the Constitutional Tribunal
Mr Millan wanted to appeal his case to the Constitutional Tribunal. However, the law said that a government body could refuse permission – which it did. Whilst the case was in Strasbourg, the government settled it – agreeing that people should be able to appeal without government permission.
Child unable to discover identity of her father for 5 years – and reforms to protect children’s rights
A child was born outside of marriage. The mother asked the courts to establish who the father was. Due to legal delays and the father’s refusals to have a DNA test, the case lasted over 5 years. The European court ruled that the child's rights were not properly protected. Laws were changed to help prevent the problem from happening again.
Privacy laws strengthened after a lawyer’s phone calls were intercepted
The authorities tapped the telephone of lawyer Hans Kopp and listened to confidential conversations. The Strasbourg court ruled that Swiss law had not properly limited the interception of confidential communications by the authorities. This violated Mr Kopp’s right to respect for privacy, leading to stronger legal protections.
Legal challenge brings an end to the state monopoly on TV and radio
During the 1970s and 1980s, various Austrians wanted to set up local TV or radio stations. However, Austrian law banned them from doing so, as it gave the Austrian Broadcasting Company a monopoly. The European court ruled that the ban was disproportionate and violated the right to free speech. The judgment led to the opening up of broadcasting regulations.
Woman’s 4-year detention without trial leads to freedom protections
Josette Prencipe was in her mid-sixties when she was arrested and detained for almost 4 years, without facing trial. She was accused of making illegal bank transfers. The European court ruled that the authorities had breached Mrs Prencipe’s right to liberty. The case triggered a series of reforms, including a new time limit on pre-trial detention.
Monaco
Legal reforms to tackle delays in getting justice
Hundreds of applicants complained of excessively long proceedings in Turkish courts. One was Fatma Ormancı, whose claim that the government had failed to protect her husband from terrorism was undecided for almost 6 years. The European court found that applicants in over 280 cases faced excessively long delays in Turkish legal proceedings – leading to substantial reforms.
Journalist wins freedom of speech case in Strasbourg
Björk Eidsdottir is a journalist who claimed that the owner of a strip club was making his staff work as prostitutes. The issue was a matter of public interest, and her article was published in good faith and with due diligence. Nevertheless, the club owner sued Björk for defamation and won. The European court held that this had breached the journalist’s right to free speech.
Changes to legal procedures after detainee denied the opportunity to make his case in court
Peter Frommelt asked to be released whilst awaiting trial for financial crimes. When this was considered on appeal, neither he nor his lawyer were allowed to make any legal arguments. The European court ruled that this had been unfair. The procedures were changed, allowing people to make comments to a court in such circumstances.
Fairer television coverage for small political parties
Small political parties received virtually no television news coverage and were banned from TV advertising. The European court ruled that this left the Pensioner’s Party with no way of transmitting its message on TV, violating its right to free speech. Reforms were made to political broadcasting rules, requiring the national broadcaster to include smaller parties in its TV coverage.
Reforms made to unreasonable government control of registered ethnicity
Mihai Ciubotaru is a writer and a professor. He wanted to have his ethnicity registered as Romanian. The authorities refused his request, despite his clear links with the Romanian ethnic group. The European court ruled in Mihai's favour, and later reforms gave people more control over their registered ethnicity.
"Totally insufficient" investigation of a suspicious death and the reform of criminal investigations
Tatiana Trufin’s brother was killed in suspicious circumstances. Despite evidence of an attack, the authorities did very little to investigate for the next 12 years. The European court ruled that their efforts had been totally insufficient. This influenced reforms to improve the effectiveness of criminal investigations in Romania.
Reforms to protect access to justice after applications to Strasbourg highlight unreasonably long legal proceedings
The European Court of Human Rights identified well over a thousand cases where Italian legal proceedings had taken an unreasonably long time. One example was the case of Mr Ceteroni, whose litigation about his family business had lasted for over a decade. A wide range of reforms were introduced to reduce delays.
Court system reformed after justice delayed for over a decade
Aleksandar Čaminski was attacked by five people. Charges were brought against the suspects, but it took 11 years for them to be brought to trial. The European court found that this delay was unreasonably long. Along with other cases, this helped bring about significant changes to cut the length of proceedings in the former Yugoslav Republic of Macedonia.
There must be proper rules on detention without trial
Giuseppe Toniolo was detained in San Marino for five weeks whilst awaiting extradition. The European court ruled that the law in San Marino did not set out clear rules for his imprisonment, meaning that he could be detained arbitrarily and could not effectively make a claim to be released.
San Marino
Reforms made after pensioner given unreasonable punishments
Sofija Tešić received a monthly pension equivalent to €170 euros. After she lost a defamation case, two-thirds of her monthly pension was taken to pay off her debt – leaving her without money for medication. The European court ruled that this had been disproportionate. The Serbian courts changed their case law to limit defamation awards, and enforcement proceedings were also overhauled.
Compensation for the widow of a victim of police ill-treatment
Vidadi Sultanov complained of a range of human rights violations, including ill-treatment in police custody. He died before his case could be decided upon, but his wife continued his application. The Azerbaijani government settled the case, agreeing to pay Mrs Sultanova 10,000 euros.