The International Forum for Responsible Media Blog

Tag: Positive Obligations

Case Law, Strasbourg: Kahn v Germany, Article 8 not violated by repeated publications of photographs of footballer’s children – Calypso Blaj

Oliver KahnIn the case of Kahn v Germany ([2016] ECHR 276), the Court of Human Rights, Fifth Section, held that the repeated publication of photographs by two German magazines (Neue Woche and Viel Spass) of a sportsman’s children despite a court order banning such conduct, did not constitute a violation of the applicants’ Article 8 rights. Continue reading

Case Law, Strasbourg: Söderman v. Sweden, Failure to protect minor against stepfather filming her naked violates Article 8 – Laurens Lavrysen

???????????????????????????On 12 November, the Grand Chamber issued its judgment in the case of Söderman v. Sweden (formerly known as E.S. v. Sweden), finding that Sweden had failed to comply with its positive obligation to protect the applicant’s right to respect for private life (Article 8 ECHR). According to the Grand Chamber, neither a criminal remedy nor a civil remedy existed under Swedish law that could have enabled the applicant to obtain effective protection against the violation of her personal integrity. Continue reading

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