Article 8

The use of the applicant’s emails from a dating site, as evidence in a child custody trial, did not infringe on the right to privacy

JUDGMENT Μ.P. v. Portugal 07.09.2021 (app. no. 27516/14)  see here SUMMARY The case concerned an applicant who complained about the fact that her former husband had not been punished in criminal proceedings by the Portuguese courts for having accessed emails that she had exchanged on a casual dating site and for submitting them in evidence […]

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Failure of the Cypriot State to locate a missing officer who fell on the battlefield during the Turkish invasion and to inform his relatives for over 26 years! Violation of the right to respect for family and private life

JUDGMENT Vassileiou and others v. Cyprus 31.08.2021 (app. no. 58699/15) see here SUMMARY Effective search for missing persons and the right to life, a positive obligation of the state to inform relatives. The applicants’ husband and father, a reservist officer, who was fighting during the Turkish invasion of northern Cyprus in 1974, have been reported […]

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οικογενειακή ζωή

Judicial decisions on contact rights must be executed quickly. Non-execution of a contact decision for 7 years! Violation of family life!

JUDGMENT R.B. and M. v. Italy 22.04.2021 (app. no. 41382/19) see here SUMMARY Contact Right of parent-child, respect for family life and best interests of the child. The applicants, father and son, were deprived of their right of communication after the separation of the parents. Court rulings recognized the right to communicate and overnight but […]

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Prohibition of Supreme Judges from participating in the Supreme Court by a law issued after their appointment! No right of appeal. Violation of respect for privacy and access to court!

JUDGMENT Gumenyuk and others v. Ukraine 22.07.2021 (app. no. 11423/19) see here SUMMARY Judges’ private life. Prohibition by law for supreme judges to participate in the Supreme Court without being fired. The appointment of judges to the Supreme Court was determined by a competition, in which the already appointed supreme judges had to participate. Lack […]

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Post mortem examination and extensive removal of organs of a dead newborn without the consent of the mother! Violation of family life and religious freedom

JUDGMENT Polat v. Austria 20.07.2021 (app. no. 12886/16) see here SUMMARY Medical operations without consent even after death. Medical research. Right to family life and freedom of religion. The applicant with Muslim religious beliefs gave birth to a boy who died 2 days after birth. She was informed by the hospital authorities about the need […]

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Refusal to renew the residence permit of a long-term immigrant with family due to non-presentation of a medical certificate. Violation of family life

JUDGMENT Khachatryan and Konovalova v. Russia 13.07.2021 (app. no. 28895/14) see here SUMMARY Family life, public health and alien residence permit. Refusal to renew the residence permit of a long-term legal immigrant with a spouse and child in Russia, due to the failure to provide a medical certificate that he is not infected with HIV […]

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Rejection of men’s application for parental leave constitutes gender discrimination and violates family life!

JUDGMENT Gruba and others v. Russia 06.07.2021 (app. no. 66180/09, 30771/11, 50089/11 and 22165/12) see here SUMMARY Universal right to parental leave regardless of gender. Refusal to grant parental leave to men. Gender discrimination. Family life. Involvement of a prosecutor in a civil trial. Violation of equality of arms. The four applicants are male police […]

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The absence of a legal framework for the official recognition of same-sex couples violated their right to respect for their private and family life!

JUDGMENT Fedotova and others v. Russia 13.07.202 ( app. no. 40792/10, 30538/14 and 43439/14) see here SUMMARY Refusal to register the notice of marry from Russia because the couples were same-sex. Private and family life. The ECtHR found that Russia had an obligation to ensure that the applicants’ privacy and family life were respected, providing […]

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Refusal of Syrian family reunion with his wife because he did not have a residence permit in Denmark for at least 3 years. Violation of family life

JUDGMENT M.A. v. Denmark 9.7.2021 (app. no. 6697/18) see here SUMMARY Right to family reunification and foreigners. Requirement of residence permit in Denmark for three years before the family reunification of a Syrian with his wife is ordered. The applicant left Syria in January 2015 and sought asylum in Denmark in April of that year, […]

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Publication in a newspaper of private information and images secretly obtained by a journalist acting as the candidate surrogate mother. Violation of privacy

JUDGMENT Hájovský v. Slovakia 01.07.2021 (app. no. 7796/16) see here SUMMARY Notice of finding a surrogate mother on behalf of the applicant. A journalist introduced as the surrogate mother candidate and secretly recorded his conversations, as a result of which she became the subject of a TV show. Publication in a newspaper of private information […]

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