Article 8

National courts in child custody cases must take into account evidence presented by a party and carry out a thorough examination of the family situation. Violation of family life.

JUDGMENT  Širvinskas v. Lithuania 23.07.2019 (no. 21243/17) see here  SUMMARY Interest of the child and arrangement of his residence in the event of divorce of his/her parents. The applicant had a daughter with his former wife. Because of personal reasons their marriage ended. The mother did not comply with the original settlement agreement of joined custody […]

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Cases involving parent-child relationships must be handled quickly and with extreme care. The 10-year-long court process for parental custody of two minor children violated the right to family life.

JUDGMENT R.V. and others v. Italy 18.07.2019 (no. 37748/13) see here SUMMARY  Parents’ inadequacy, parental care and foster family. The applicant, following a complaint from a relative, found it unsuitable for bringing up two children aged just 1 and 3 years respectively. The procedures for taking care of children have been made long and complicated. […]

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Pre-trial detention should serve the needs of criminal investigation, not the public’s thirst for revenge and punishment. Unreasonable justification of the detention.

JUDGMENT Cîrstea v. Romania 23-07-2019 (no. 10626/11) see here SUMMARY  The applicant’s placement in pre-trial detention in the proceedings which followed a dramatic fire in a neonatal intensive-care ward where she was responsible for monitoring care. The Court reiterated its previous finding that domestic courts were required to give specific reasons for finding that public […]

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The state has taken adequate measures to investigate allegations of child sexual abuse. No violation of the ECHR.

JUDGMENT  Α and Β v. Croatia 20-06-2019 (no. 7144/15) see here SUMMARY  Complaint about inaction by the Croatian authorities in allegations of sexual abuse of children. The Court noted that the authorities had taken measures to address conflicting claims of a situation involving complaints from a mother about the sexual abuse of her child by […]

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Permanent video surveillance of prisoners in their cells. Violation of their privacy.

JUDGMENT Gorlov and others v. Russia 02.07.19 (no. 27057/06 and 2 others) see here   SUMMARY Permanent video surveillance of prisoners in their cells with closed camera circuits. The Court found in particular that the internal legal framework on permanent video surveillance was not sufficiently clear, precise and detailed to provide adequate protection against arbitrary interference […]

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Serious injury from car accident. Research on accident conditions. Archiving the case after thorough proceedings and full examination and recording of the evidence did not violate the right to life of the applicant.

JUDGMENT Nicolae Virgiliu Tănase v. Romania 25.06.2019 (no. 41720/13) see here  SUMMARY  Road  traffic accident with severe body injuries. The applicant was involved in a road traffic accident when a moving car crashed  heavily into the back of his car shunting it, into the back of a parked  military lorry. He suffered serious injuries and […]

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Adoption of a child and registration of its surname in the civil-status documents. The refusal to register only the surname of the foster parent in place of that of the biological parent violated the right to respect for the child’s family life

JUDGMENT Leyla Can v. Turkey 18.06.2019 (no. 43140/08) see here  SUMMARY  Adoption of a child from a single-parent family. Entering of the surname of the adopted child in the civil-status  registry. Parentalist request to register only the her surname as a child’s surname. Denial of authorities. The applicant adopted a 7-year-old, who lived with her biological […]

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Disabled student. Suitable facilities and education for people with disabilities. Romania has taken adequate measures to allow access.

JUDGMENT Stoian v. Romania 25.06.2019 (no.289/14) see here SUMMARY  Disabled student. Facilities suitable and edication for people with disabilities. Romania has taken adequate measures to enable access to suitable facilities in schools for pupils with special needs and to provide adequate support for their education. The Stoian v. Romania case (No 289/14) concerned the complaints […]

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New born with permanent mental disability. Condemnation from the Court for ineffective investigation of any medical malpractice.

JUDGMENT Ulusoy v. Turkey 25.06.2019  (no. 54969/09) see here SUMMARY  Medical negligence and state responsibility. Insufficient and ineffective research to detect medical negligence in the prenatal process and the process of delivery. Implementation of Article 8 on matters relating to the protection of the moral and physical integrity of individuals in the context of healthcare […]

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The failure of the state to secure the father’s reunification with his minor daughter, which her mother brought her to another country, violated the right to respect for family life.

JUDGMENT  Vladimir Ushakov v. Russia 18.06.2019 (no. 15122/17) see here  SUMMARY Right to reunite father with a minor daughter. State obligation to develop their ties. The applicant, a Russian national, was resident in Finland. He had a daughter with his wife. At the time of their divorce, the former spouse settled with her daughter in […]

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