EUROPEAN COURT OF HUMAN RIGHTS
176
16.3.2007
Press release issued by the Registrar
FORTHCOMING CHAMBER JUDGMENTS
20 and 22 March 2007
The European Court of Human Rights will be notifying in writing one Chamber judgment on Tuesday 20 March 2007 and three on Thursday 22 March 2007.
Press releases and texts of the judgments will be available at 11 a.m. (local time) on the Court’s Internet site (http://www.echr.coe.int).
Tuesday 20 March 2007
Tysiąc v. Poland (application no. 5410/03)
The applicant, Alicja Tysiąc, is a Polish national who was born in 1971 and lives in Warsaw. Ms Tysiąc, who is raising her three children alone, suffers from severe myopia.
The application concerns the refusal by the gynaecology and obstetrics department of a public hospital in Warsaw to terminate Ms Tysiąc’s third pregnancy which involved a risk to her eyesight. Abortion is prohibited in Poland except for therapeutic purposes.
Ms Tysiąc considers that she satisfied the statutory conditions for access to abortion on therapeutic grounds. She maintains that the fact that she was not allowed to terminate her pregnancy in spite of the risks to which she was exposed amounted to a violation of Articles 8 (right to respect for private life), Article 13 (right to an effective remedy) and 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights. She further complains that Poland has breached its positive obligation under Article 8 in that no procedural and regulatory framework has been put in place to enable a pregnant woman to assert her right to a therapeutic abortion. Finally, relying on Article 14 (prohibition of discrimination), she alleges that she was discriminated against on the grounds of her sex and her disability.
Thursday 22 March 2007
Maslov v. Austria (no. 1638/03)
The applicant, Juri Maslov, is a Bulgarian national who was born in 1984 and who, at the age of six, lawfully entered Austria with his parents and two siblings. He currently lives in Bulgaria.
The application concerns a 10 year residence prohibition against Mr Maslov and his subsequent deportation to Bulgaria in December 2003 following two convictions: one for burglary, extortion, assault and unauthorised use of a vehicle; and, one for a series of burglaries.
He relies on Article 8 (right to respect for private and family life).
Siałkowska v. Poland (no. 8932/05)
Staroszczyk v. Poland (no. 59519/00)
The applicants, Krystyna Siałkowska, and Marianna and Stanisław Staroszczyk, are Polish nationals who were born in 1950, 1932 and 1933 respectively. Krystyna Siałkowska lives in Wrocław (Poland) and Marianna and Stanisław Staroszczyk live in Pruszków (Poland).
Ms Siałkowska’s application concerns proceedings in which she claimed a widow’s pension, her ex-husband having died in September 2002.
Marianna and Stanisław Staroszczyk’s application concerns proceedings in which they requested that, following the sale of a property belonging to them in Pruszków (near Warsaw), a plot of land be allotted to their son as promised by Pruszków City Council.
The applicants complain under Article 6 § 1 (right of access to a court) about the unfairness of the proceedings, referring to the fact that the lawyer appointed under the legal aid scheme failed to take the necessary steps to represent their interests effectively and refused to bring a cassation appeal to the Supreme Court against a judgment of the appellate court.
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The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights.