Overview of recent cases before the European Court of Human Rights (October 2021 – February 2022) 1

• Published in: European journal of social security 2022-06, Vol.24 (2), p.148-155
• Main Author: De Becker, Eleni
• Format: Article
• Language: English
• Subjects: Application; Courts; Disability pensions; Discrimination; European Convention on Human Rights; Housing; Human rights; Legislation; Medical malpractice; Prohibition; Refusal
• ISSN: 1388-2627; 2399-2948
• DOI: 10.1177/13882627221096170

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 Šaltinytė 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 discrimination 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). Hamzagić v. Croatia is the third case that will be discussed (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 to review the opinions of experts concerning the applicant’s invalidity for a disability pension. Finally, this overview ends with a discussion of Botoyan v. Armenia (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.