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• Europäischer Gerichtshof für Menschenrechte

  A.M. AND OTHERS v. POLAND

  Inadmissible (Art. 34) Individual applications;(Art. 34) Victim (englisch)

• Europäischer Gerichtshof für Menschenrechte

  A.M. AND OTHERS v. POLAND - [Deutsche Übersetzung] Zusammenfassung durch das Österreichische Institut für Menschenrechte (ÖIM)

  [DEU] Inadmissible (Art. 34) Individual applications;(Art. 34) Victim

Wird zitiert von ... (6)Zitiert selbst (17)

alle Zitatstellen anzeigen
• EGMR - 5014/21 (anhängig)

  M.B. v. POLAND and 4 other applications

  Auszug aus EGMR, 16.05.2023 - 4188/21

  (e) Application no. 5014/21.

  In addition, the majority of the applicants (applications nos. 4957/21, 5014/21, 5523/21, 6114/21, 6217/21 and 8857/21) had not been pregnant and one applicant (application no. 4957/21) had not even wished to start a family.

  The third-party interveners in applications 5014/21, 5523/21, 6114/21 and 8857/21.

  5014/21 and 5523/21 merely stated that they were planning pregnancy and the Constitutional Court's judgment caused them stress and anguish.

  5014/21.

• EGMR, 01.07.2014 - 43835/11

  Burka-Verbot: In Würde verschleiert

  Auszug aus EGMR, 16.05.2023 - 4188/21

  The Government submitted at the outset that none of the applicants could be regarded as a victim of a violation of Articles 3 or 8. In particular, the Government referred to the Court's position on "potential victims" as set out in Dudgeon v. the United Kingdom (22 October 1981, Series A no. 45), Norris v. Ireland (26 October 1988, Series A no. 142) and S.A.S. v. France ([GC], no. 43835/11, ECHR 2014 (extracts)).
• EGMR, 07.07.1989 - 14038/88

  Jens Söring

  Auszug aus EGMR, 16.05.2023 - 4188/21

  For example, it has accepted that an applicant enjoyed victim status under Article 34 of the Convention where he was not able to establish that the legislation he complained of had actually been applied to him, on account of the secret nature of the measures it authorised (see Klass and Others v. Germany, 6 September 1978, § 33, Series A no. 28); where a law against homosexual acts was capable of being applied to a certain category of the people, which included the applicant (see Norris, cited above §§ 31-33); where an alien's deportation had been ordered but not yet enforced and where enforcement of the order would have exposed him, in the receiving country, to treatment contrary to Article 3 (see Soering v. the United Kingdom, 7 July 1989, §§ 90, 91, Series A no. 161); and lastly where a court order restraining the corporate applicants, and their agents, from providing certain information to pregnant women was likely to indirectly affect applicants not belonging to the companies in question (see Open Door and Dublin Well Woman v. Ireland, 29 October 1992, § 44, Series A no. 246-A).

• EGMR, 13.06.1979 - 6833/74

  Auszug aus EGMR, 16.05.2023 - 4188/21

  They submitted, referring to the Court's case-law (Marckx v. Belgium, 13 June 1979, Series A no. 31; Norris, cited above; Burden v. the United Kingdom [GC], no. 13378/05, ECHR 2008; Michaud v. France, no. 12323/11, ECHR 2012; and S.A.S. v. France, cited above), that they were "potential victims" within the meaning of Article 34 of the Convention.
• EGMR, 06.09.1978 - 5029/71

  Klass u.a. ./. Deutschland

  Auszug aus EGMR, 16.05.2023 - 4188/21

  For example, it has accepted that an applicant enjoyed victim status under Article 34 of the Convention where he was not able to establish that the legislation he complained of had actually been applied to him, on account of the secret nature of the measures it authorised (see Klass and Others v. Germany, 6 September 1978, § 33, Series A no. 28); where a law against homosexual acts was capable of being applied to a certain category of the people, which included the applicant (see Norris, cited above §§ 31-33); where an alien's deportation had been ordered but not yet enforced and where enforcement of the order would have exposed him, in the receiving country, to treatment contrary to Article 3 (see Soering v. the United Kingdom, 7 July 1989, §§ 90, 91, Series A no. 161); and lastly where a court order restraining the corporate applicants, and their agents, from providing certain information to pregnant women was likely to indirectly affect applicants not belonging to the companies in question (see Open Door and Dublin Well Woman v. Ireland, 29 October 1992, § 44, Series A no. 246-A).
• EGMR, 06.12.2012 - 12323/11

  [FRE]

  Auszug aus EGMR, 16.05.2023 - 4188/21

  They submitted, referring to the Court's case-law (Marckx v. Belgium, 13 June 1979, Series A no. 31; Norris, cited above; Burden v. the United Kingdom [GC], no. 13378/05, ECHR 2008; Michaud v. France, no. 12323/11, ECHR 2012; and S.A.S. v. France, cited above), that they were "potential victims" within the meaning of Article 34 of the Convention.
• EGMR, 07.05.2021 - 4907/18

  XERO FLOR w POLSCE sp. z o. o. - Unabhängigkeit der polnischen Gerichte

  Auszug aus EGMR, 16.05.2023 - 4188/21

  z o.o. v. Poland (no. 4907/18, §§ 4-63, 7 May 2021).
• EGMR, 22.10.1981 - 7525/76

  Auszug aus EGMR, 16.05.2023 - 4188/21

  The Government submitted at the outset that none of the applicants could be regarded as a victim of a violation of Articles 3 or 8. In particular, the Government referred to the Court's position on "potential victims" as set out in Dudgeon v. the United Kingdom (22 October 1981, Series A no. 45), Norris v. Ireland (26 October 1988, Series A no. 142) and S.A.S. v. France ([GC], no. 43835/11, ECHR 2014 (extracts)).
• EGMR, 17.07.2014 - 47848/08

  CENTER OF LEGAL RESOURCES ON BEHALF OF VALENTIN CAMPEANU v. ROMANIA

  Auszug aus EGMR, 16.05.2023 - 4188/21

  The Convention does not provide for the institution of an actio popularis (see Centre for Legal Resources on behalf of Valentin Câmpeanu v. Romania [GC], no. 47848/08, § 101, ECHR 2014), meaning that applicants may not complain against a provision of domestic law, a domestic practice or public acts simply because they appear to contravene the Convention.
• EGMR, 29.10.1992 - 14234/88

  Auszug aus EGMR, 16.05.2023 - 4188/21

  For example, it has accepted that an applicant enjoyed victim status under Article 34 of the Convention where he was not able to establish that the legislation he complained of had actually been applied to him, on account of the secret nature of the measures it authorised (see Klass and Others v. Germany, 6 September 1978, § 33, Series A no. 28); where a law against homosexual acts was capable of being applied to a certain category of the people, which included the applicant (see Norris, cited above §§ 31-33); where an alien's deportation had been ordered but not yet enforced and where enforcement of the order would have exposed him, in the receiving country, to treatment contrary to Article 3 (see Soering v. the United Kingdom, 7 July 1989, §§ 90, 91, Series A no. 161); and lastly where a court order restraining the corporate applicants, and their agents, from providing certain information to pregnant women was likely to indirectly affect applicants not belonging to the companies in question (see Open Door and Dublin Well Woman v. Ireland, 29 October 1992, § 44, Series A no. 246-A).
• EGMR, 27.08.2015 - 46470/11

  Umgang mit Embryonen strikt geregelt
• EGMR, 26.10.1988 - 10581/83
• EGMR, 11.06.2002 - 36042/97

  WILLIS v. THE UNITED KINGDOM
• EGMR, 07.10.2021 - 41994/21

  Zambrano ./. Frankreich - Beschwerde gegen Corona-Gesundheitspass in Frankreich …
• EKMR, 04.12.1995 - 28204/95

  TAUIRA ET 18 AUTRES contre la FRANCE
• EGMR, 05.02.2019 - 4246/14

  CHERNENKO AND OTHERS v. RUSSIA
• EGMR - 3639/21 (anhängig)

  K.C. v. POLAND and 3 other applications

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• EGMR - 3639/21 (anhängig)

  K.C. v. POLAND and 3 other applications

  Application no. 4188/21 The applicant submits that she is thirty years' old and twelve weeks pregnant.

  Application no. 5876/21 The applicant submits that she is twenty seven years' old and ten weeks pregnant.

  4188/21.

  5876/21.

• EGMR, 14.12.2023 - 40119/21

  M.L. v. POLAND

  However, an individual may nevertheless argue that a law breaches his or her rights in the absence of a specific instance of enforcement, and thus claim to be a "victim", within the meaning of Article 34, if he or she is required either to modify his or her conduct or risk being prosecuted, or if he or she is a member of a category of persons who risk being directly affected by the legislation (see, in particular, S.A.S. v. France [GC], no. 43835/11, §§ 57 and 110, ECHR 2014 (extracts), and the references cited therein, and A.M. and Others v. Poland (dec.), no. 4188/21, § 72, 16 May 2023).
• EGMR, 13.11.2025 - 6030/21

  Grundsatzdebatte gefordert: Polen verletzt EMRK, Schwangere erhält Entschädigung

  However, an individual may nevertheless argue that a law breaches his or her rights in the absence of a specific instance of enforcement, and thus claim to be a "victim", within the meaning of Article 34, if he or she is required either to modify his or her conduct or risk being prosecuted, or if he or she is a member of a category of persons who risk being directly affected by the legislation (see, in particular, S.A.S. v. France, cited above, §§ 57 and 110, and the references cited therein, A.M. and Others v. Poland (dec.), no. 4188/21, § 72, 16 May 2023 and Verein KlimaSeniorinnen Schweiz and Others v. Switzerland [GC], no. 53600/20, §§ 460-64, 9 April 2024).

• EGMR, 05.11.2024 - 25578/11

  CASARINI v. ITALY

  4188/21 and 7 others, § 86, 16 May 2023), the Court observed that the applicants, as women of child-bearing age in Poland, could be affected by the impugned restriction on access to therapeutic abortion in the event of foetal abnormalities, but concluded that they had failed to advance any convincing evidence that they were at real risk of being affected by the contested legislative amendment (see also K.B. and K.C. v. Poland (dec.), nos.
• EGMR, 04.06.2024 - 1819/21

  K.B. v. POLAND and 3 other applications

  Rn. 42 The Commissioner, referring in particular to her 2019 country visit to Poland (see A.M. and Others v. Poland (dec.), no. 4188/21, § 38, 16 May 2023), provided information on the legal framework and practical situation relating to access to abortion in Poland.
• EGMR, 15.01.2026 - 17952/23

  A. ET AUTRES c. FRANCE

  Sa situation personnelle au regard du grief tiré de l'article 8 n'est donc pas suffisamment établie pour qu'il puisse être considéré qu'elle appartient à une catégorie particulière de personnes risquant de subir directement les effets du droit français critiqué et être qualifiée de « victime potentielle'(comparer mutatis mutandis avec A.M. et autres c. Pologne, nos 4188/21 et 7 autres, §§ 80-87, 10 mai 2023).