European Court of Human Rights - Petrova v. Latvia - Application no. 4605/05

giurisprudenza e prassi internazionale - international case-law and practice

Data – Date :

24/09/2014

Note – Notes:

Ruling:

The court, unanimously, declares the complaints concerning Articles 3 and 8 of the Convention admissible. It holds that there has been a violation of Article 8 of the Convention.

Reference to obligations of criminalization:

No direct references to obligations of criminalization.
(paragraph 97: the court cannot find that the applicable Latvian law was formulated with sufficient precision of afforded adequate legal protection against arbitrariness).

Reference to human dignity:

The court mentions as a relevant provision article 1 of the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine, stating that: “Parties to this Protocol shall protect the dignity and identity of everyone and guarantee, without discrimination, respect for his or her integrity and other rights and fundamental freedoms with regard to transplantation of organs and tissues of human origin” (paragraph 30).

It is also worth mentioning the concurring opinion of judge Wojtyczek, stating that: “there is no doubt that the applicant’s human rights were affected and infringed. In my view, protection of family life under Article 8 of the Convention encompasses the right to respect for the dignity of a deceased close relative. In particular, a mother may legitimately claim the right to respect for the dignity of her deceased son”. (pag. 31) The judge criticizes the Court’s ruling for its lack of precision, noting that it fails to specify how the right to respect for private and family life, protected under Article 8 of the Convention, has been violated.

Norme penali italiane rilevanti – Relevant italian rules:

Articles 3-8 ECHR; Articles 1-17 Convention for the protection of Human Rights and Dignity of the Human Being; Section 138 Latvian criminal law.

Parole chiave – Keywords:

Corte Europea dei Diritti Umani - European Court Of Human Rights, Criteri di Imputazione (Incluso Concorso) - Criteria Of Attribution Of Responsibility (Including Complicity), Obbligo di Incriminazione Implicito - Implicit Criminalization Obligation, Trattato - Treaty