STRØBYE AND ROSENLIND v. DENMARK JUDGMENT
129. The Contracting States enjoy a margin of appreciation in assessing
whether and to what extent differences in otherwise similar situations justify
a difference in treatment (see, for example, Molla Sali (cited above) § 136;
Fábián, cited above, § 114; and Hämäläinen v. Finland [GC], no. 37359/09,
§ 108, ECHR 2014). The scope of this margin will vary according to the
circumstances, the subject-matter and the background (see, inter alia,
Carson and Others v. the United Kingdom [GC], no. 42184/05, § 61, ECHR
2010).
(b) Application of the general principles to the present case
130. Referring to the reasoning set out under its examination of Article 3
of Protocol No. 1 to the Convention, the Court is satisfied that the difference
in the treatment of the applicants, who had been deprived of their legal
capacity at the relevant time, pursued a legitimate aim, and that there was a
reasonable relationship of proportionality between the means employed and
the aim sought to be realised.
131. Accordingly, there has been no violation of Article 14 read in
conjunction with Article 3 of Protocol No. 1 to the Convention of the
Convention.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
1. Decides to join the applications;
2. Declares the applications admissible;
3. Holds that there has been no violation of Article 3 of Protocol No. 1 to
the Convention;
4. Holds that there is no violation of Article 14 read in conjunction with
Article 3 of Protocol No. 1 to the Convention.
Done in English, and notified in writing on 2 February 2021, pursuant to
Rule 77 §§ 2 and 3 of the Rules of Court.
Stanley Naismith
Registrar
Marko Bošnjak
President
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