D.G. v. IRELAND View

Notes

Date	16/05/2002
AppNr	39474/98
Body	Court (Third Section)
Type	Judgment (Merits and Just Satisfaction)
Articles	14+5-1; 3; 41; 5-1; 5-1-d; 5-5; 8
Violated / NonViolated	5-15-535-1814
Citations	35-15-35-46-181135-15-45-56-113

Conclusions:

No separate issue under Art. 14+5-1
No separate issue under Art. 14+5-1 in respect of situation vis-à-vis other minors
No separate issue under Art. 8
No separate issue under Art. 8 in respect of lawfulness of detention
No violation of Art. 14+5-1
No violation of Art. 14+5-1 in respect of other complaints
No violation of Art. 3
No violation of Art. 8
No violation of Art. 8 in respect of other complaints
Non-pecuniary damage - financial award
Violation of Art. 5-1
Violation of Art. 5-5

Keywords:

(art. 14) discrimination
(art. 14) objective and reasonable justification
(art. 3) degrading treatment
(art. 3) inhuman treatment
(art. 5-1) deprivation of liberty
(art. 5-1) lawful arrest or detention
(art. 5-1-d) educational supervision
(art. 5-5) compensation
(art. 8-1) respect for family life
(art. 8-1) respect for private life
(art. 8-2) interference
(art. 8-2) necessary in a democratic society

ECHR Notes

Originating Body	Court (Third Section)
Document Type	Judgment (Merits and Just Satisfaction)
Published in	Reports of Judgments and Decisions 2002-III
Language	ENGLISH;FRENCH
Application Number	39474/98
Importance Level	1
Represented by	N/A
Respondent State	Ireland
Date of Judgment	16/05/2002
Conclusion	Violation of Art. 5-1 ; Violation of Art. 5-5 ; No violation of Art. 3 ; No separate issue under Art. 8 in respect of lawfulness of detention ; No violation of Art. 8 in respect of other complaints ; No separate issue under Art. 14+5-1 in respect of situation vis-à-vis other minors ; No violation of Art. 14+5-1 in respect of other complaints ; Non-pecuniary damage - financial award
Articles	3 ; 5-1 ; 5-1-d ; 5-5 ; 8 ; 14+5-1 ; 41
Separate Opinions	No
Strasbourg Case Law	Aerts v. Belgium judgment of 30 July 1998, Reports of Judgments and Decisions, 1998-V, § 46 with further references, §§ 64-66 ; Bouamar v. Belgium judgment of 29 February 1988, Series A no. 129, § 50, §§ 50-53, §§ 66-67 ; Bozano v. France judgment of 18 December 1986, Series A no. 111, § 54 ; Guzzardi v. Italy judgment of 6 November 1980, Series A no. 39, §§ 96, 98 and 100 ; Herczegfalvy v. Austria judgment of 24 September 1992, Series A no. 242-B, §§ 82-83 ; Ireland v. the United Kingdom judgment of 18 January 1978, Series A no. 25, § 162, § 167 ; Johnson v. the United Kingdom judgment of 24 October 1997, Reports 1997-VII, § 77 ; Koniarska v. the United Kingdom (dec.), no. 33670/96, 12 October 2000, unpublished ; Nielsen v. Denmark judgment of 28 November 1988, Series A no. 144, §§ 61-73 ; Nikolova v. Bulgaria [GC], no. 31195/96, 25 March.1999, § 79 ; Raninen v. Finland judgment of 16 December 1997, Reports 1997-VIII, no. 60, §§ 55-59, 63 and 64 ; Smith and Grady v. the United Kingdom, nos. 33985/96 and 33986/96, ECHR 1999-VI ; Smith and Grady v. the United Kingdom (just satisfaction), nos. 33985/96 and 33986/96, § 28, ECHR 2000-IX ; Tyrer v. the United Kingdom judgment of 25 April 1978, Series A no. 26, § 32 ; Wakefield v. the United Kingdom, no. 15817/89, DR 66, p. 251 ; Weeks v. the United Kingdom judgment of 2 March 1987, Series A no. 114, § 42 ; Winterwerp v. the Netherlands judgment of 24 October 1979, Series A no. 33, §§ 39 and 45 ; X v. the United Kingdom, no. 9054/80, Commission decision of 8 October 1982, Decisions and Reports (DR) 30, p. 113
Keywords	"(Art. 14) DISCRIMINATION" "(Art. 14) OBJECTIVE AND REASONABLE JUSTIFICATION" "(Art. 3) DEGRADING TREATMENT" "(Art. 3) INHUMAN TREATMENT" "(Art. 5-1) DEPRIVATION OF LIBERTY" "(Art. 5-1) LAWFUL ARREST OR DETENTION" "(Art. 5-1-d) EDUCATIONAL SUPERVISION" "(Art. 5-5) COMPENSATION" "(Art. 8-1) RESPECT FOR FAMILY LIFE" "(Art. 8-1) RESPECT FOR PRIVATE LIFE" "(Art. 8-2) INTERFERENCE" "(Art. 8-2) NECESSARY IN A DEMOCRATIC SOCIETY" PROPORTIONALITY

Application Documents 1

D.G. v. IRELAND

Court (Fourth Section) Decision

09/11/2000

References 17

KONIARSKA v. THE UNITED KINGDOM

Court (Second Section) Decision

12/10/2000

115

SMITH AND GRADY v. THE UNITED KINGDOM

8, 13, 3, 14 Court (Third Section) Judgment (Merits and Just Satisfaction)

27/09/1999

565

NIKOLOVA v. BULGARIA

5-3, 5-4 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)

25/03/1999

AERTS v. BELGIUM

5-1, 6-1, 5-4, 3 Court (Chamber) Judgment (Merits and Just Satisfaction)

30/07/1998

145

RANINEN v. FINLAND

5-1, 3, 8 Court (Chamber) Judgment (Merits and Just Satisfaction)

16/12/1997

JOHNSON v. THE UNITED KINGDOM

5-1 Court (Chamber) Judgment (Merits and Just Satisfaction)

24/10/1997

HERCZEGFALVY v. AUSTRIA

5-4, 8, 10, 3, 5-1, 5-3, 8 Court (Chamber) Judgment (Merits and Just Satisfaction)

24/09/1992

Show all (17)

Citations Breakdown

1–10 of 24

Citations 24

	A. AND OTHERS v. BULGARIA 5-1, 5-4 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	29/11/2011
	ADAMOV v. SWITZERLAND 5-1 Court (Second Section) Judgment (Merits and Just Satisfaction)	21/06/2011
	KNYTER v. POLAND 5-3, 8 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	01/02/2011
	ICHIN AND OTHERS v. UKRAINE 5-1 Court (Fifth Section) Judgment (Merits and Just Satisfaction)	21/12/2010
	3 JUSIC v. SWITZERLAND 5-1, 5-5 Court (First Section) Judgment (Merits and Just Satisfaction)	02/12/2010
	1 MAZGAJ v. POLAND 8 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	21/09/2010
	2 HYDE PARK AND OTHERS v. MOLDOVA (nos. 5 and 6) 11 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	14/09/2010
	BORER v. SWITZERLAND 5-1 Court (First Section) Judgment (Merits and Just Satisfaction)	10/06/2010
	LAME v. THE UNITED KINGDOM Court (Fourth Section) Decision	11/05/2010
	COSCODAR c. ROUMANIE Court (Third Section) Decision	09/03/2010

ECHR CaseLaw