tag:blogger.com,1999:blog-3029364336123131828.post7504054936564481693..comments2024-03-14T08:30:15.343+01:00Comments on Przegląd Prawa Międzynarodowego: Homofobiczna retoryka przeciwników manifestacji LGBTI naruszeniem art. 3 EKPCzPPM Administratorhttp://www.blogger.com/profile/11856989585183124653noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-3029364336123131828.post-9249566238171497332015-05-26T13:36:27.734+02:002015-05-26T13:36:27.734+02:00Warto odnotować bardzo sensowne moim zdaniem zdani...Warto odnotować bardzo sensowne moim zdaniem zdanie częściowo odrębne sędziego Wojtyczka, który wskazał na różne standardy stosowania art. 3 w analogicznych sytuacjach:<br /><br />The majority notes “some sporadic physical abuse” against the marchers. In my view, in the present case, the alleged violations of the applicants’ rights did not reach the threshold of severity which makes Article 3 of the Convention applicable. I therefore voted against finding a violation of Article 3 taken in conjunction with Article 14 of the Convention. I have explained in more detail my position with regard to the interpretation of Article 3 in the dissenting opinion written with Judge Mahoney which is attached to the judgment in the case of Abdu v. Bulgaria (no. 26827/08, 11 March 2014).<br /><br />4. I note that very recently the same Section of the Court decided the case of Karaahmed v. Bulgaria (no. 30587/13), by a unanimous judgment of 24 February 2015. In that case, on the basis of the available evidence, much more serious physical attacks against Muslim worshippers were clearly established, as well as the fact that the attackers had been motivated by religious intolerance. The Court decided, however - in my view correctly - that the Article 3 threshold had not been met in that case and the complaint under Article 14 in conjunction with Article 3 was declared manifestly ill‑founded. It examined only the complaint brought under Article 9, and found a violation of this latter provision.<br /><br />I do not perceive any consistency in the approach adopted by the Court in respect of the applicability of Article 3 in cases concerning alleged assaults on persons exercising freedoms protected by the Convention.Anonymousnoreply@blogger.com