Court Watch

European Court of Human Rights Finds Discrimination of Roma Children in Greek Education System

London, 6 June 2008 

On 5 June 2008, the European Court of Human Rights handed down the judgment in the case of Sampanis and Others v. Greece (application no. 32526/05). Represented by the Greek Helsinki Monitor, 11 Greek nationals of Roma origin claimed discrimination in violation of Article 14 (prohibition of discrimination) in conjunction with Article 2 of Protocol No. 1 (right to education) and of Article 13 (right to an effective remedy) in respect of the treatment of their children by the educational authorities in Aspropyrgos, Greece.

Romania: Police Brutality against Roma Constitutes Substantive Violation of Article 14 of ECHR

London, 10 March 2008 

On 4 March 2008 the European Court of Human Rights (ECHR) held that Romania had violated Article 14 (prohibition of discrimination) of the European Convention on Human Rights in conjunction with Article 3 (prohibition of inhuman or degrading treatment). The case of Stoica v. Romania (Application no. 42722/02) was lodged with the ECHR on 19 December 2002 following a failed attempt to invoke successful criminal justice procedures by the applicant’s family in Romania.

In 2001 in the course of a dispute in a village in north eastern Romania, Constantin Stoica, who 18 months previously had undergone a brain operation, was allegedly kicked and beaten by a police sergeant, D.T. Shortly after the incident, the applicant was declared severely disabled.

European Court of Justice Rules EU Equal Treatment Directive Protects from Dismissal for In Vitro Fertilisation

London, 6 March 2008

On 26 February 2008, the European Court of Justice (ECJ) held that articles 2(1) and 5(1) of Council Directive 76/207/EEC preclude the dismissal of a female worker who is at an advanced stage of in vitro fertilisation treatment, where it can be established that the dismissal is essentially based on the fact that the woman has undergone such treatment. 

France: European Court Finds Violation of Article 14 ECHR on Grounds of Sexual Orientation

London, 24 January 2008 

On 22 January 2008 the European Court of Human Rights (ECtHR) held that France violated Article 14 (right to non-discrimination) in conjunction with Article 8 (right to private and family life) of the European Convention on Human Rights (ECHR) in refusing the adoption application of a lesbian woman. The case of E.B. v France began proceedings in the Strasbourg Court in 2002 following the rejection of a number of national appeals to overturn the decision of an adoption board to reject the adoption application of the applicant, E.B.

Nepal Prohibits Discrimination on Grounds of Sexual Orientation and Gender Identity

London, 16 January 2008

On 21 December 2007 the Supreme Court of Nepal issued directive orders to the Government of Nepal to end discrimination against people of different sexual orientation or gender identity. The Equal Rights Trust considers the decision of the court - who use the term “teshro Linga” literally translated as “third gender” and commonly understood to represent lesbian, gay, bisexual, transsexual and inter-sexed persons – to be a progressive step in recognising the equal rights for those with different sexual orientations and gender identities. The decision is a significant victory for the lobbying efforts of the Blue Diamond Society, a local non-governmental organisation supporting people with different sexual orientation or gender identity.

Victory in a Long Court Battle for Equal Rights: Czech Roma Win the Ostrava Special Schools Case (D.H. and Others v Czech Republic)

On November 13, 2007, the Grand Chamber of the European Court of Human Rights, overturning the Chamber judgment of 7 February 2006, found that the right to non-discrimination guaranteed by Article 14 of the European Convention on Human Rights had been violated by Czech authorities who had been placing disproportionately high numbers of Romani children in substandard special schools for children with learning disabilities.

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