Article 8

Father’s indifference to communicate with his child for 8 years, who developed a bond with his step father. Removal of parental responsibility. Non-violation of the right to respect for family life

JUDGMENT Ilya Lyapin v. Russia 30.06.2020 (app. no.  70879/11) see here SUMMARY Father indifference to a child for 8 years and absolutely no communication for 7 years. Respect for family life and removal of parental responsibility from the father. The applicant father had not participated in his child’s life on his own initiative for 8 […]

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Prosecution statements for violation of activists’ offenses before trial. Use of the toilet from a detainee in the presence of a male police officer! Violation of the presumption of innocence and privacy

JUDGMENT Yunusova and  Yunusov v. Azerbaijan  16.07.202  (no. 2) (app. no. 68817/14) see here SUMMARY Defenders of Human Rights and heaps of violations against them. Protection from the Court. The applicants are activists, members of NGOs that aim to promote dialogue between civil society. They had been summoned as witnesses in a third-party trial and […]

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The condition of adoption as recognition of the legal relationship between mother and child, born of a surrogate mother, does not constitute discrimination or violation of privacy.

JUDGMENT D. v. France 16.07.2020 (app. no.  11288/18) see here   SUMMARY  The case concerned the refusal to record in the French register of births, marriages and deaths the details of the birth certificate of a child born abroad through a gestational surrogacy arrangement in so far as the certificate designated the intended mother, who was […]

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The return of the children to the father’s residence, which was their permanent place of residence, did not violate the mother’s right to family life

JUDGMENT Voica v. Romania 07.07.2020 (no. 9256/19) see here   SUMMARY Custody and residence of a child. Best interests of children. The applicant moved with her children to Romania even though their place of residence and that of her ex-husband, with whom she shared custody, was France. The domestic courts ordered the return of the children […]

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The lack of access of a transgender Iranian to a gender recognition process, because his / her registration certificate had not been issued in the country where he / she lived, violated his / her privacy.

JUDGMENT Rana v. Hungary 16.7.2020 (no. 40888/17) see here  SUMMARY The case concerned a transgender man from Iran who had obtained asylum in Hungary but could not legally change his gender and name in that country. The Court noted that the domestic system for gender recognition had excluded the applicant simply because he did not […]

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Abduction of a child by her mother. Non-implementation of the Hague Convention by national courts. Violation of the father’s right to family life

JUDGMENT Michnea v. Romania 07.07.2020 (no.  10395/19) see here  SUMMARY Hague Convention, Brussels Regulation, child custody and best interests of the child. The applicant, a Romanian national, lives in Italy where he and his Romanian wife had a daughter. Without his consent, the wife moved with her child to Romania. The domestic courts rejected the […]

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Rejection of a transgender’s request for a change of his name and gender. Violation of the right to privacy

JUDGMENT Y.T. v. Bulgaria 09.07.2020  (no. 41701/16) see here  SUMMARY The case concerned a transsexual (Y.T.) who had taken steps to change his physical appearance and whose request for (female to male) gender reassignment had been refused by the Bulgarian courts. He claimed that he had become aware of his male gender identity during adolescence […]

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Prohibition of entry into Switzerland for 7 years of a convicted of drugs did not violate his family life

JUDGMENT Κ.Α. v. Switzerland 07.07.2020 (ap. no. 62130/15) see here SUMMARY The case concerned the dismissal of the applicant’s request for an extension of his residence permit and the order imposing a temporary prohibition on entry to Switzerland, issued against him following his criminal conviction for a drug-related offence. The applicant was expelled from Switzerland, […]

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The refusal to revoke the decision regardng the recognition of paternity, which was later proved by DNA that he was not the biological father and despite the consent of him and the child, violated the right to family life.

JUDGMENT Bocu v. Romania 30.06.2020 (appl. no. 58240/14) see here   SUMMARY Recognition of paternity. Revocation of paternity recognition decision due to the existence of new strong opposing data. The applicant was recognized by an irrevocable court decision as the father of B.AM., with a simple blood test and speculation of their biological connection. When B.AM. […]

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