K.H. AND OTHERS v. SLOVAKIA View

Notes

Date	28/04/2009
AppNr	32881/04
Body	Court (Fourth Section)
Type	Judgment (Merits and Just Satisfaction)
Articles	41; 6; 6-1; 8; 8-1
Violated / NonViolated	6-18

Conclusions:

Non-pecuniary damage - award
Violation of Art. 6-1
Violation of Art. 8

Keywords:

(art. 6) civil proceedings
(art. 6-1) access to court
(art. 8-1) respect for family life
(art. 8-1) respect for private life
positive obligations

ECHR Notes

Originating Body	Court (Fourth Section)
Document Type	Judgment (Merits and Just Satisfaction)
Published in	Selected for publication in Reports of Judgments and Decisions
Language	ENGLISH
Application Number	32881/04
Importance Level	2
Represented by	DURBAKOVA V. ; BUKOVSKA B. ; CENTRE FOR CIVIL AND HUMAN RIGHTS
Respondent State	Slovakia
Date of Judgment	28/04/2009
Conclusion	Violation of Art. 8 ; Violation of Art. 6-1 ; Non-pecuniary damage - award
Articles	8 ; 8-1 ; 6 ; 6-1 ; 41
Separate Opinions	Yes
Law at Issue	Articles 3, 6, 78 § 1 79 § 2 and 120 § 1 of the Code of Civil Procedure ; Section 16 of the 1994 Health Care Act and its Explanatory Report ; Section 25 of the 2004 Health Care Act
Strasbourg Case Law	Roche v. the United Kingdom [GC], no. 32555/96, § 155 and § 162, ECHR 2005-X, with further reference ; Ashingdane v. the United Kingdom, 28 May 1985, § 57, Series A no. 93 ; Beyeler v. Italy (just satisfaction) [GC], no. 33202/96, § 27, 28 May 2002 ; Gaskin v. the United Kingdom, 7 July 1989, § 42, Series A no. 160 ; Guerra and Others v. Italy, 19 February 1998, § 60, Reports 1998-I ; I. v. Finland, no. 20511/03, § 38, 17 July 2008 ; Iatridis v. Greece (just satisfaction) [GC], no. 31107/96, § 54, ECHR 2000-XI ; M.A. and 34 Others v. Finland (dec.), no. 7793/95, 10 June 2003 ; M.G. v. the United Kingdom, no. 39393/98, § 31, 24 September 2002 ; McGinley and Egan v. the United Kingdom, 9 June 1998, § 101 and § 106, Reports of Judgments and Decisions 1998-III ; Phinikaridou v. Cyprus, no. 23890/02, § 64, ECHR 2007 (extracts), with further reference ; Sahin v. Germany [GC], no. 30943/96, § 105, ECHR 2003-VIII ; Z v. Finland, judgment of 25 February 1997, Reports 1997-I, §§ 95-96
External Sources	Point 8 of the Recommendation of the Committee of Ministers of the Council of Europe No. R (97) 5 on the Protection of Medical Data
Keywords	"(Art. 6) CIVIL PROCEEDINGS" "(Art. 6-1) ACCESS TO COURT" "(Art. 8-1) RESPECT FOR FAMILY LIFE" "(Art. 8-1) RESPECT FOR PRIVATE LIFE" "POSITIVE OBLIGATIONS"

Application Documents 1

5

K.H. AND OTHERS v. SLOVAKIA

Court (Fourth Section) Decision

09/10/2007

References 11

	6 I v. FINLAND 8 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	17/07/2008
	5 PHINIKARIDOU v. CYPRUS 8 Court (First Section) Judgment (Merits and Just Satisfaction)	20/12/2007
	87 SAHIN v. GERMANY 8, 14, 8 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	08/07/2003
	3 M.G. v. THE UNITED KINGDOM 8 Court (Second Section) Judgment (Merits and Just Satisfaction)	24/09/2002
	46 BEYELER v. ITALY Court (Grand Chamber) Judgment (Just Satisfaction)	28/05/2002
	44 ROCHE v. THE UNITED KINGDOM Court (Third Section) Decision	23/05/2002
	1086 IATRIDIS v. GREECE P1-1, 13 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	25/03/1999
	172 GUERRA AND OTHERS v. ITALY 8 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	19/02/1998
	41 Z. v. FINLAND 8 Court (Chamber) Judgment (Merits and Just Satisfaction)	25/02/1997
	32 GASKIN v. THE UNITED KINGDOM 8, 10 Court (Plenary) Judgment (Merits and Just Satisfaction)	07/07/1989
	180 ASHINGDANE v. THE UNITED KINGDOM 5-1, 5-4, 6-1 Court (Chamber) Judgment (Merits)	28/05/1985

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