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IHRL Cases

International Human Rights Law Cases

CaseSummary
Yildirim v. Austria CEDAW, 2007, dom. violence, state ratified CEDAW and the optional protocol, failed in its due diligence obligations, violation of art. 2 (duty to pursue policy eliminating discrim) and art. 3 (duty to take appropriate measures for advancement of women)
McCann v. UK ECtHR, 1995, IRA members shot dead in Gibraltar, claimed breach of art. 2 b/c premeditated (no violation) not absolutely necessary (no violation) and operation wasn't planned to minimize force (yes violation)
Gafgen v. Germany ECtHR, 2010, G.Chamber: torture threats fall under art. 3, the police weren't punished enough to meet art. 3, 3 yr delay breached right to remedy for torture, no violation on the admission of evidence (body) obtained by torture b/c evidence not material
Giuliani and Gaggio v. Italy ECtHR, 2009, No violation Art. 2 substantive aspect (excessive use of force), No violation Art. 2 substantive aspect (positive obligation to protect life), Violation of Art. 2 in its procedural aspect (early cremation), G.C. 2011 - no violations?
Vo v. France ECtHR, 2004, hospital mix-up caused miscarriage, court said questions of fetal life must be settled at the state level b/c CoE members disagree on when life begins and there is no scientific consensus, margin of appreciation
Baby Boy Case ACHR, 1981, commission was evaluating whether US abortion laws contravened right to life, ruled no violation b/c "in general"
Opuz v. Turkey ECtHR, 2003, domestic violence case where mother of Opuz shot dead by SIL, court found state responsible b/c they should have foreseen a lethal attack
Oneryildiz v. Turkey ECtHR, 2004, court ruled state failed to protect citizens from risks stemming from dangerous activities, landfill methane explosion killed 39
Osman v. UK ECtHR, 1998, teacher obsessed with son, kills father, court found that authorities ought to have known about the threat to life, "judged reasonably" should have avoided that risk
Rodriguez v. Honduras IACtHR, 1996, famous kidnapping case, due diligence to investigate regardless of who the perpetrators are, key to establishing principle of due diligence
Pretty v. UK ECtHR, 2002, court ruled no right to die
Soering Case ECtHR, 1989, court ruled UK could not extradite to US b/c violation of art. 3, death row phenomenon
Ocalan v. Turkey ECtHR, 2005, court ruled that Turkey had violated art. 3, 5 & 6 of the ECHR by granting Ă–calan no effective remedy to appeal his arrest and sentencing him to death without a fair trial
Aydin v. Turkey ECtHR, 1997, rape as torture
Selmouni v. France ECtHR,1999, prisoner beaten and sexually assaulted, court ruled France in violation of art. 3
Zwaan-de Vries v. The Netherlands HRCtee, 2013? (happened 80s), discrimination of social benefits (excluded married women from unemployment), art. 26 ICCPR, basis for the HRC's General Comment on Art. 26- broad scope, any legislation
Dumeric v. Serbia and Montenegro HRCtee, racial discrimination against Roma
Case of A, B, and C ECtHR, 2010, pregnant Irish cancer patient sought info on the risk to her life b/c pregnancy, was denied, court ruled this violated her right to life
Raquel Marti de Meja v. Peru IACHR, rape and intimidation by member of security forces violated art. 5 ACHR
Miguel Castro-Castro Prison v. Peru IACtHR, femaile detainees forced to remain naked under male guard a form of sexual violence, violates art. 5 ACHR
AT v. Hungary CtEDAW, domestic violence, national legislation didn't provide for restraining orders, found breach of CEDAW art. 2 (need for state policy to end discrimination)
M.C. v. Bulgaria ECtHR, 14 y.o. girl raped, couldn't prosecute b/c bad rape definition, use of force rather than consent, state failed in due diligence obligations under art. 3 ECHR
Handyside v. UK ECtHR, first margin of appreciation case, book with sex ed, court let some states limit freedom of expression/ the book b/c convention will be interpreted differently by different states b/c cultural, historic, and philosophical differences
Created by: leechtn