Grand Chamber hearing concerning Switzerland
12/04/2023
The Court is held a Grand Chamber hearing in the case of Communauté genevoise d’action syndicale (CGAS) v. Switzerland.
The case concerns an association which complains of being deprived of the right to organise and participate in public events following the adoption of government measures to tackle COVID-19 under Ordinance O.2 COVID-19, enacted by the Swiss Federal Council on 13 March 2020. On the basis of that ordinance, public and private events were prohibited with effect from 16 March 2020. Failure to comply with the prohibition was punishable by a custodial sentence or a fine.
Chamber
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Judgment concerning Belgium
18/04/2023
In the case of N.M. v. Belgium the Court held that there had been no violation of the right to liberty and security/right to a speedy review of the lawfulness of detention and no violation of the prohibition of inhuman or degrading treatment.
The case concerned the detention of an Algerian national in a closed centre for aliens pending his removal from Belgium on grounds of a risk to public order and national security, the review of the lawfulness of that measure, and the applicant’s conditions of detention.
The Court found that the domestic authorities had taken the view that the applicant’s detention was justified for reasons relating mainly to his dangerousness and to the protection of public order and national security.
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Judgment concerning Ukraine
13/04/2023
In the case of Mayboroda v. Ukraine the Court held that there had been a violation of the right to respect for private and family life as regards the failure to protect the applicant’s right to informed consent.
The case concerned the applicant’s allegation that her kidney had been removed without her consent or even knowledge during emergency surgery for internal bleeding.
The Court found that the authorities had not examined whether there had been a possibility to gain consent to the kidney removal and that the State had failed to set up an appropriate regulatory framework to protect the applicant’s right to informed consent.
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Grand Chamber
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Advisory Opinion
13/04/2023
On 13 April 2023 the ECHR delivered its advisory opinion in reply to a request submitted by the Supreme Court of Finland.
The request concerned the issues that have arisen out of proceedings for the adoption of an adult.
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Other Information
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Memorandum in view of the 4th Summit of the Heads of State and Government of the CoE
04/04/2023
On 20 March 2023, the Plenary Court has adopted a Memorandum in view of the 4th Summit of Heads of State and Government of the Council of Europe. This Summit will take place in Reykjavík on 16 and 17 May.
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