Article 8

Acquittal of a man accused of sexually harassing his 4-year-old daughter for procedural omissions in the pre-trial! Condemnation from the Court!

JUDGMENT R.B. v. Estonia 22.06.2021 (app. no.  22597/16) see here SUMMARY Ineffective search for sexual abuse of a minor by her father. Testimony of a 4-year-old minor without being informed about her rights, as provided by the criminal procedure. Cancellation of deposition and acquittal of alleged perpetrator due to procedural errors. Right to privacy and […]

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Insufficient assessment of the existence of a “serious risk” for the return of a abducted child under the Hague Convention. Violation of family life

JUDGMENT Y.S. and O.S. v. Russia 15.06.2021(app. no. 17665/17) see here SUMMARY Child abduction. Insufficient assessment of the existence of a “serious risk” in the return of a abducted child under the Hague Convention to a conflict zone in eastern Ukraine. In this case, the child’s mother took the initiative to remove him, without the […]

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Communication between a father and his daughter limited to 12 hours a year at the child’s residence in the presence of the mother! Violation of respect for family life!

JUDGMENT Nechay v. Russia 25.05.2021 (app. no. 40639/17) see here SUMMARY Right of father-child communication. A court decision limited communication to 12 hours per year and stipulated that meetings must take place at the child’s place of residence in another country and in the presence of his mother. According to the ECtHR, the decision to […]

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Police failure to prevent far-right intrusion on gay family screening! Violations of the ECHR

JUDGMENT Association ACCEPT and others v. Romania 01.06.2021 (app. no. 19237/16) see here SUMMARY The case concerned a demonstration that had occurred at a screening of a film involving a same-sex family during the applicant association’s LGBT History Month in February 2013. The other five applicants had attended the screening. Although the police had provided […]

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Insufficient safeguards in bulk signals-intelligence gathering. Violation of Article 8 of ECHR

JUDGMENT Centrum för rättvisa v, Sweden 25.05.2021 (app. no. 35252/08) see here SUMMARY The case concerned the alleged risk that the applicant foundation’s communications had been or would be intercepted and examined by way of signals intelligence, as it communicated on a daily basis with individuals, organisations and companies in Sweden and abroad by email, […]

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Violation of privacy due to the referral into a court decision on the sexual preferences and choices of the alleged rape victim! Judicial degradation of gender-based violence

JUDGMENT J.L. v. Italy 27.05.2021 (app. no. 5671/16) see here SUMMARY The case concerned criminal proceedings against seven men who had been charged with the gang rape of the applicant and had been acquitted by the Italian courts. The Court held that the applicant’s rights and interests under Article 8 had not been adequately protected, […]

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Rejection of an application for fostering and adoption, because the foster father was convicted of sexual abuse of minors. Non-violation of the right to family life

JUDGMENT Jessica Marchi v. Italy 27.05.2021 (app. no. 54978/17) see here SUMMARY The case concerned the decision of the Juvenile Court to terminate the pre-adoption placement of a child that the applicant had temporarily fostered. The decision had been taken following the arrest of her husband on charges of child pornography and sexual abuse of […]

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A father shot dead his 8-year-old child in front of social workers during a session. Non-violation of the right to life due to effective investigation

JUDGMENT Penati v. Italy 11.05.2021 (app. no. 44166/15) see here SUMMARY Murder of an eight-year-old child by his father during their communication, under the supervision of social workers. Right to life and obligation of the state to prevent any tolerance for illegal acts or synergy in their commission. The applicant’s son, aged 8, was killed […]

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Refusal to recognize a couple of women as parents of a child born through a surrogate mother. Non-violation of the right to respect for family life

JUDGMENT Valdís Fjölnisdóttir  and others v. Iceland 18.5.2021 (app.  no. 71552/17) see here SUMMARY The case concerned the refusal to recognise a parental link between Ms Fjölnisdóttir and Ms Agnarsdóttir and X. The latter had been born to them via a surrogate mother in the United States, but neither of the first two applicants is […]

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Exclusion of the mother from family allowances because the children were of an unknown father! Violation due to discrimination and respect for privacy

JUDGMENT Yocheva and Ganeva v. Buklgaria 11.05.2021 (app. no. 18592/15 and 43863/15) see here SUMMARY Child benefit. Mother of a single parent family. Children of an unknown father. Violation of Article 14 (prohibition of discrimination) in conjunction with the right to privacy (Article 8). Internal legal provision based on an outdated and stereotypical understanding of […]

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