Fundamental Rights Cases – The European Court of Human Rights, Strasbourg

Abstract

In the period between 1 January and 15 March 2018 the European Court of Human Rights heard two Hungarian cases concerning child abduction, as well as a complaint from the widow of György Faludy about the failure of the Hungarian courts to protect her reputation from defamatory statements, and a case concerning a sanction imposed on a political party (Magyar Kétfarkú Kutya Párt) who developed a mobile phone application whereby voters could post anonymous photographs of invalid ballot papers.
From cases against other countries, the present review provides summaries on complaints concerning the applicability of the “forum of necessity” principle in respect of non-pecuniary damage caused by the alleged acts of torture inflicted in a third country and the refusal of Swiss courts to examine a civil claim for compensation on that ground; an alleged failure to ensure that a fourteen-year old girl was looked after while her parents were held in police custody; and a fine imposed on a commercial company for running clothing advertisements depicting religious figures; and presents a shift in the Court’s case law concerning the applicability of Article 6 to call for tenders procedures.