Overview of recent cases before the European Court of Human Rights (October 2021 – February 2022) 1
| Author | Eleni De Becker |
| DOI | http://doi.org/10.1177/13882627221096170 |
| Published date | 01 June 2022 |
| Date | 01 June 2022 |
| Subject Matter | Case Reports |
Overview of recent
cases before the European
Court of Human Rights
(October 2021 –February 2022)
1
Eleni De Becker
KU Leuven, Leuven, Belgium
Abstract
In this reporting period (October 2021 –February 2022), four cases before the European Court
of Human Rights (hereinafter: ECtHR) will be presented.
2
The first case is Šaltinyte
̇v. Lithuania
(application no. 32934/19), dealing with a housing subsidy only available to young families of
low income. The Court had to review this benefit scheme in light of the prohibition of discrim-
ination in Article 14 European Convention on Human Rights (ECHR) and the right to property in
Article 1 Protocol no. 1 to the ECHR (hereinafter: P1 ECHR). The second section discusses a case
concerning retrospective changes in the Italian survivors’pension scheme having an impact
on ongoing procedures against the Italian Government. The Court had to review whether this
change in the legislation was compatible with the right to a fair trial in Article 6 ECHR
(D’Amico v. Italy, application no. 46586/14). Hamzagićv. Croatia is the third case that will be dis-
cussed (application no. 68437/13). It concerns the refusal to grant a disability pension, where the
applicant argued that no adequate legal framework was in place t o review the opinions of
experts concerning the applicant’s invalidity for a disability pension. Finally, this overview ends
with a discussion of Botoyan v. Armen ia (application no. 5766/17), where the ECtHR had to
review the relevant legal framework in place in case of medical malpractice, taking into account
the right to private life in Article 8 ECHR.
1. Eleni is a postdoctoral researcher at the Institute for Social Law at the KU Leuven and an affiliated researcher at the Free
University of Brussels.
2. The cases were selected on the basis of their relevance for social security (defined in a broad manner), taking into account
also procedural elements arising out of the rights in the ECHR for social security rights.
Corresponding author:
KU Leuven, blijde inkomststraat 17, 3000 Leuven, Belgium.
Email: eleni.debecker@kuleuven.be
Case Reports
European Journal of Social Security
2022, Vol. 24(2) 148–155
© The Author(s) 2022
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DOI: 10.1177/13882627221096170
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