Article 8

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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Disbarrement of a lawyer by a bar association because he criticized a public judge for tarnishing the reputation of the judiciary. Violation of freedom of expression and privacy.

JUDGMENT Bagirov v. Azerbaijan  25.06.2020 (no. 81024/12 and 28198/15) see here  SUMMARY Disbarrement of a lawyer by a Bar Association. Lawyer’s confidentiality duty. Freedom of expression and the right to privacy. The applicant, a lawyer by profession, disclosed the cause of death of his client’s son. He was suspended from practising law for one year, for […]

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The birth certificate, which implied that the child had not been baptized, violated the family’s right not to disclose their religious beliefs.

JUDGMENT Stavropoulos and others v. Greece 25.06.2020 (no. 52484/18) see here SUMMARY The case concerned the practice of certain registry offices in Greece indicating on birth certificates when a child is named by a civil act. Stavroula-Dorothea Stavropoulou and her parents, the applicants in the case, complained in particular that the handwritten note “naming” on […]

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Adoption of a child without the consent of the mother. Violation of family life. The Court calls for the restoration of the biological mother-child communication!

JUDGMENT Omorefe v. Spain 23.06.2020 (no. 69339/16) see here SUMMARY The case concerned the placement in foster care and subsequent adoption of a child and the inability of the biological mother to retain contact with him. In 2009 the applicant, Ms Omorefe, asked for her son (born in 2008) to be taken into care by […]

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Collection and retention by police of non sensitive personal data of a criminal did not violate the right to privacy

JUDGMENT Ρ.Ν. v. Germany  11.06.2020 (no. 74440/17) see here   SUMMARY Personal data and police investigation. The applicant had previously been convicted of several serious offenses. A criminal prosecution was ordered again for accepting and disposing of the proceeds of crime, and the police issued an order to collect photographs of the applicant and fingerprints […]

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Refusal to reopen paternity proceedings dating back 40 years breached the private life of the son

JUDGMENT Boljević v. Serbia 16.06.2020 (no. 47443/14) see here  SUMMARY The case concerned the domestic courts’ refusal to reopen paternity proceedings dating to the 1970s because they were time-barred. The applicant alleged that that decision had denied him the opportunity to prove his origins via modern DNA testing methods. The Court found that, although time-limits […]

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Complaint of rape of a minor. Inadequate investigation and prosecution of a man accused of a more heinous crime than rape violated the procedural part of privacy and the prohibition of humiliating treatment.

JUDGMENT Z v. Bulgaria 28.05.2020  (no.  39257/17) see here  SUMMARY Ineffective judicial inquiry into vulnerable groups. Procedural part of prohibition of inhuman and degrading treatment and respect for privacy. The applicant, a 13-year-old minor, complained to the competent prosecutor’s office that she had been raped by a friend of hers. He provided details and was […]

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Child custody and two different decisions of two different states! Involvement of the CJEU, ECtHR, Italy and Romania!

JUDGMENT S.L. and A.L. v. Italy  04.06.2020 (no. 896/16) see here   SUMMARY The case concerned child custody proceedings between parents of different nationalities (Italian and Romanian). In 2009 the first applicant’s wife brought divorce proceedings, seeking custody of her son, in the Romanian courts, while judicial separation and custody proceedings, brought by the applicant in […]

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Deportation of an immigrant living with his parents and a ban on entering the country for 10 years, due to a large number of his convicts. Non-violation of family life

JUDGMENT Azerkane v. The Netherlands 02.06.2020 (application no. 3138/16) see here   SUMMARY Deportation of an immigrant living with his parents. Right to family life. Non-infringement. It is the right of every state to control its borders and pursue immigration policy. The applicant is a Moroccan national who lived since his birth with his paternal family […]

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