Alapjogi jogesetek – a strasbourgi Emberi Jogok Európai Bírósága

Absztrakt

The judgments of the European Court of Human Rights adopted recently in respect of Hungary all concerned incidents related to political demonstrations. Of particular importance is the case R.B., which concerned a racist assault occurred during a march of right-wing paramilitary groups in a Roma neighbourhood. In that case the Court held that the provisions of the criminal law, as in force at the material time, had not provide adequate protection to the applicant and this amounted to a violation of Hungary’s positive obligations under Article 8 of the Convention.
As regards the cases against other countries, a judgment of the Grand Chamber clarifying the States’ obligations in asylum cases to carry out an assessment of risks of their own motion deserves to be mentioned in the first place. The Court also adopted important decisions concerning the procedural rights of minors, the necessary consequences of publications infringing privacy rights and the prohibition of discrimination against disabled persons. Furthermore, cases related to seldom invoked provisions of the Convention (such as Article 18 or Article 2 of Protocol No. 4) will also be mentioned.