Case of EWEIDA AND OTHERS v. THE UNITED KINGDOM

On 15 January 2013, The European Court of Human Rights (ECtHR) issued its long-awaited judgment in Eweida and others v UK, in which it ruled on the joined cases of four Christians who claimed that the UK had violated their rights under Article 9 (freedom of religion) and/or Article 14 (prohibition of discrimination) of the European Convention on Human Rights and Fundamental Freedoms (ECHR). In all bar one of the cases, which involved employees who had either been disciplined or dismissed as a result of their refusal to carry out a part of their job which they felt would be contrary to their Christian faith, the Court found that the UK had not violated the individuals' rights. 

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Case of Horváth and Kiss v Hungary

On 29 January 2013, the European Court of Human Rights (ECtHR) issued its judgment in Horváth and Kiss v Hungary, in which it ruled on the case of two Roma applicants who claimed that Hungary had violated their rights under Article 2 of Protocol No. 1 (right to education) read with Article 14 (prohibition of discrimination) of the European Convention on Human Rights and Fundamental Freedoms (ECHR). The Court found that Hungary had indirectly discriminated against the applicants on the ground of their Roma origin in relation to their right to education in part because its procedures for identifying children with mental disabilities to be sent to remedial schools disproportionately impacted on the Roma in an unjustifiable way.

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Case of Fedorchenko and Lozenko v. Ukraine

Budapest, Strasbourg, 21 September 2012: The European Court of Human Rights yesterday delivered a judgment finding discrimination in the case of Fedorchenko and Lozenko v Ukraine. Five Romani people, including three children, died after a violent arson attack, which took place on 28 October 2001 in the Kremenchug region of Ukraine. Three men deliberately set a family home on fire, breaking into the house to spray it with flammable liquid. They then barred the door of the house from outside and fled. Five members of the applicants’ family died from extensive burns and smoke inhalation, including children who were three, six and 15 years old.Ten years after this case was filed, the ECtHR found that Ukraine had failed to meet the procedural requirements of Article 2 of the European Convention of Human Rights (right to life) by failing to conduct an effective investigation into the deaths and in doing so also violated breached Article 14 (right to be free from discrimination).The Court stated in its judgment: ”Given the widespread discrimination and violence against Roma in Ukraine as noted, in particular, by the report of the ECRI, it cannot be excluded that the decision to burn the houses had been additionally nourished by ethnic hatred and thus it necessitated verification…The Court, however, notes that there is no evidence that the authorities have conducted any investigation into the possible racist motives of this crime...The Court considers it unacceptable that in such circumstances an investigation, lasting over eleven years, did not give rise to any serious action with a view to identifying or prosecuting the perpetrators.”

 

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