E.B. and Others v. Austria - 31913/07 - Legal Summary [2013] ECHR 1312 (07 November 2013)

E.B. and Others v. Austria - 31913/07 - Legal Summary [2013] ECHR 1312 (07 November 2013)

Maintaining convictions under Article 209, after the provision was found unconstitutional and discriminatory, without providing for exceptions or remedies, constituted a violation of Article 14 in conjunction with Article 8.

Citation
[2013] ECHR 1312
Parties
Applicant: E. B. and Others; Respondent: Austria
Jurisdiction
European Union
Judgment Date
07 November 2013
Procedural Posture
Application to the European Court of Human Rights / Final Judgment
Outcome
violation found
Legal Topics
Discrimination, Right to Private Life, Criminal Records, Equality Before the Law
Human Rights Law Criminal Law Discrimination Right to Private Life Criminal Records Equality Before the Law

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Parties

E. B. and Others

Applicant

Austria

Respondent

Procedural Posture

Application to the European Court of Human Rights / Final Judgment

Legal Issues

  1. 1 Whether refusal to amend criminal records after the underlying provision was declared unconstitutional constitutes discrimination under Article 14 in conjunction with Article 8 of the Convention
  2. 2 Whether applicants had an effective remedy under Article 13

Ratio Decidendi

Maintaining convictions under Article 209, after the provision was found unconstitutional and discriminatory, without providing for exceptions or remedies, constituted a violation of Article 14 in conjunction with Article 8.

Court Disposition

violation found

Orders

  • EUR 5,000 to each applicant for non-pecuniary damage
  • Finding of violation of Article 14 in conjunction with Article 8