Article 8

Non-participation of a minor in the trials between his parents for his custody. Violation of the right to respect for his family life

JUDGMENT C. v. Croatia 08.10.2020 (app. no. 80117/17) see here  SUMMARY Child care and best interests of the child. The applicant is a child of divorced parents. He appealed to the ECtHR, complaining of a violation of his right to respect for his family life (Article 8 of the Convention), because in his parents’ trials […]

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Termination of widow’s pension after the children came of age, because as a man is able to return to work. Violation of gender equality and family life

JUDGMENT Β. v. Switzerland  20.10.2020 ( app. no. 78630/12) see here SUMMARY The case concerned the widower’s pension to which the applicant had ceased to be entitled after his younger daughter had reached the age of majority. The Federal Law on Old-Age and Survivors’ Insurance provides that entitlement to a widower’s pension ends when the […]

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Violation of the privacy of a man who claims to be the biological father of a child, after unsuccessful attempts to acknowledge his paternity

JUDGMENT Koychev v. Bulgaria 15.10.2020 (app. no. 32495/15) see here SUMMARY In this case, the applicant (Mr Koychev) claimed to be the biological father of a child born outside marriage, and complained of the fact that his actions to have his paternity recognised had been rejected on the grounds that the child had been recognised […]

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φυλακές

Detention of the mayor for 4 days without appearing in court. Search in his office without a warrant. Violation of privacy and the right to liberty and security

JUDGMENT Marin Yosifov v. Bulgaria 13.10.2020 (app. no. 5113/11) see here SUMMARY The case concerns criminal proceedings for corruption brought against a mayor. The applicant complained of being detained for four days (for 24 hours on police orders and for a further 72 hours on an order of the public prosecutor) without being brought before […]

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The exclusion of the non-biological father from communication with the child, with whom he had developed strong ties, violated the right to family life

JUDGMENT Fatkhutdinov v. Russia 29.09.2020  (App. no. 36335/18) see here SUMMARY Best interests of the child and parental care. Deprivation of parental care f a minor child by the applicant, who was deemed not to be his biological father, based on his refusal to undergo a DNA test and the testimony of a witness. The […]

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φυλακές

The public prosecutor’s statement of guilt violated the presumption of innocence. Prohibition of communication of a detainee with relatives. Violation of privacy

JUDGMENT Mirgadirov v. Azerbaijan and Turkey 17.09.2020  (app. no.  62775/14) see here  SUMMARY Judicial review of the legality of temporary detention, presumption of innocence and the right to respect for the privacy of a detainee. The applicant, a political journalist and political analyst, was arrested and detained on his way back to his country of […]

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Judicial rejection of violent ex-wife relocation violates privacy. The state is obliged to seek a solution to issues of domestic violence even with contrary court decisions!

JUDGMENT Levchuk v. Ukraine 03.09.2020 (app. no.  17496/19) see here SUMMARY Domestic violence and privacy. Request for relocation of the abusive ex-spouse and rejection by national courts. Positive obligations of the state. The applicant and her three children, victims of the violent behavior of her alcoholic ex-husband, sought legal redress from the state-owned joint residence. […]

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Revocation of a residence permit of a person convicted of drug trafficking. No violation of family life

JUDGMENT Veljkovic-Jukic v. Switzerland 21.07.2020  (appl. no. 59534/14) see here SUMMARY The case concerned the withdrawal of the permanent residence permit of a Croatian national who has lived in Switzerland since the age of 14, because of her criminal conviction for drug trafficking, and her possible removal from Switzerland. The Court found that Switzerland had […]

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απαλλοτρίωση

The demolition of a house that was knowingly constructed in a forest area, did not violate the right to privacy

JUDGMENT Kaminskas v. Lithuania 04.08.2020 (app. no. 44817/18) see here SUMMARY Demolition of a house in a forest area and protection of the environment. Right to privacy. Court decision for demolition of an illegal building of the applicant, who built it in a forest area, knowing the forest character of the property. The applicant’s situation […]

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