Communicated on 15 March 2018
SECOND SECTION
Applications nos. 59958/10 and 1122/12
V.B. against the Republic of Moldova
and P.T. against the Republic of Moldova
lodged on 22 September 2010 and 2 December 2011 respectively
SUBJECT MATTER OF THE CASES
The applications concern the issuing to the applicants of official certificates proving the fact that they were exonerated from the compulsory military service on the basis of their HIV positive status. According to the applicants, under Moldovan law in force, the certificates in question were to be presented to any potential employer with a view to employment or to State authorities with a view to obtaining such documents as identity cards, driving licences and others. The first applicant’s court action against the issuing authority based on Article 8 of the Convention was not successful. The second applicant, who is represented before the Court by the same lawyer as the first one, did not exhaust domestic remedies because he did not deem them effective. The first applicant also requested, but without success, that the Supreme Court of Justice grant anonymity to the judgment in his case.
The applicants complain that their right to respect for their private life, in particular the right to protection of personal medical data, as guaranteed by Article 8 of the Convention, was breached by virtue of the fact that the authorities issued certificates indicating their HIV status and the fact that the Supreme Court of Justice refused to anonymise the judgment in the first applicant’s case.
QUESTIONS tO THE PARTIES
Has there been an interference with the applicants’ right to respect for their private life within the meaning of Article 8 § 1 of the Convention?
If so, was that interference in accordance with the law and necessary in terms of Article 8 § 2 of the Convention (Z v. Finland, 25 February 1997, Reports of Judgments and Decisions 1997‑I)?
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