Article 8


Deportation due to a criminal conviction and a delimited right to respect for family life

JUDGMENT Salija v. Switzerland (no. 55470/10) 10.01.2018 see here SUMMARY Deportation. Family reunion. The applicant is a FYROM national and the case concerned the revocation of his permanent residence permit in Switzerland and his deportation. Following two criminal convictions for embezzlement (in 2003) and for homicide (in 2004), the applicant’s deportation procedures were initiated and […]

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The rejection of a divorce lawsuit of a spouse and his inability to marry his mistress does not violate his right to family life.

JUDGMENT Babiarz v. Poland (application no. 1955/10) 10.01.2017 see here SUMMARY  Divorce proceedings. Rejection due to the plaintiff’s fault. The case concerned the refusal of the Polish authorities to grant the applicant a divorce. he complained that this violated his right to marry the partner with whom he now shares his life, whith whom he […]

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Mother’s presence in father-child communication should be avoided when there is a strong rivalry between them.

JUDGMENT Kacper Nowakowski v. Poland (application no. 32407/13) 10.01.2018 see here SUMMARY Communication of the father with his son. Communication with the presence of the mother. National courts in their communications decisions should take into account the intensity of litigation between parents and the complaints of the communicating parent with his child to prevent communication […]

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Ban on US nationals adopting Russian children led to unlawful discrimination

JUDGMENT A.H. and Others v. Russia (application nos. 6033/13, 8927/13, 10549/13, 12275/13, 23890/13, 26309/13, 27161/13, 29197/13, 32224/13, 32331/13, 32351/13, 32368/13, 37173/13, 38490/13, 42340/13 and 42403/13) 17.01.2017 see here SUMMARY The applications were brought by 45 US nationals: both on their own behalf, and on behalf of 27 Russian children. In late 2012, the US applicants […]

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The best interests of a child born from a surrogacy arrangement abroad ought to have been of paramount importance in the Italian authorities’ decisions

JUDGMENT Paradiso and Campanelli v. Italy (application no. 25358/12) 27.1.2015 see here  SUMMARY  The case concerned the placement in social-service care of a nine-month-old child who had been born in Russia following a gestational surrogacy contract entered into by a couple; it subsequently transpired that they had no biological relationship with the child. The Court […]

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Respect for the human body after death

JUDGMENT Elberte v. Latvia  13.01.2015 (no.  61243/08) see here SUMMARY: The case concerned the removal of body tissue from Ms Elberte’s deceased husband by forensic experts after his death, without her knowledge or consent. Unknown to Ms Elberte, pursuant to a State-approved agreement, tissue had been removed from her husband’s body after her husband’s autopsy […]

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