Article 8 Archives

Violation of the rights of a biological father regarding his son’s adoption by another man. Conviction for violation of Article 8 of the ECHR

Article 8
15/10/2023 18:41

JUDGMENT I.V. v. Estonia 10.10.2023 (app. no. 37031/21) see here SUMMARY The case concerned a father’s attempt to contest the adoption of his biological son by another man in Estonia, against the background of paternity proceedings in Latvia. The Court stressed that although this was a cross-border case, the Court was examining only Estonia’s responsibility. […]

The state is obliged to ensure parent-child communication in case of lack of cooperation of the separated parents for communication!

Article 8
02/10/2023 18:57

JUDGMENT Beluch v. Poland 28.09.2023 (app. no. 4065/21) see here SUMMARY The applicant’s daughter X. was born in January 2010. The applicant divorced her mother M.M. shortly after the birth of their daughter in March 2010. In May 2010, the applicant asked the Regional Court to regulate the rights of communication with X. due to […]

Prohibition on exporting gametes and embryos to a country which authorises posthumous insemination did not breach the right to respect for private life protected by Article 8 of the Convention

Article 8
22/09/2023 08:03

JUDGMENT Baret and Caballero v. France 14.09.2023 (app. no. 22296/20 and 37138/20) see here SUMMARY The cases concerned the prohibition on exporting the sperm of the first applicant’s deceased husband and the embryos created by the second applicant with her deceased husband to Spain, a country where posthumous conception was permitted. The Court found in […]

Authorities’ refusal to reveal donors’ gamete in assisted reproduction births did not violate privacy

Article 14
09/09/2023 17:32

JUDGMENT Gauvin–Fournis and Silliau v. France 07.09.2023 (app. no. 21424/16) see here SUMMARY The case concerned the inability, alleged by the applicants, who were born in the 1980s by means of medically assisted procreation (MAP) using third-party donors, to access information concerning the respective donors. This situation had lasted until 1 September 2022, when a […]

Child born from surrogate mother. Violation of family life by refusing to recognize the legal relationship of the custodial parents

Article 8
03/09/2023 18:29

JUDGMENT C. v. Italy 31.08.2023 (app. no. 47196/21) see here SUMMARY The applicant was born from a surrogate mother, with an ovum from an unknown donor and with the sperm of her biological father, who and his wife assumed her parental care. The case concerned the refusal of the Italian authorities to recognize the legal […]

Banning of the prefix “von” in applicants’ surnames, after a long period of use. Violation of respect for privacy

Article 8
24/08/2023 10:47

JUDGMENT Künsberg Sarre v. Austria 17.01.2023 (app. no. 19475/20) see here SUMMARY The applicants are all members of the same family (two brothers, a husband and a son). They have the surname “von Künsberg Sarre”, which was first used by their distant ancestor when he went to America in 1961. The domestic authorities ex officio […]

Dismissal of judges for their vote in a decision! Violation of privacy and fair trial

Administrative
14/08/2023 22:18

JUDGMENT Ovcharenko and Kolos v. Ukraine 12.01.2023 (app. no. 27276/15 and 33692/15) see here SUMMARY Private life. Dismissal of judges of the Constitutional Court by Parliament for participation in a decision, without a clear interpretation of the imputed “breach of oath” and the scope of their immunity. Judicial review of Parliament’s decision to dismiss them […]

Medical operation to remove a kidney without the patient’s informed consent. Violation of the right to respect for private life

Article 8
09/08/2023 18:47

JUDGMENT Mayboroda v. Ukraine 13.04.2023 (app. no. 14709/07) see here SUMMARY Medical intervention and informed consent. Privacy protection. The applicant underwent surgery during which one of her kidneys was urgently removed to save her life due to internal bleeding. She had not provided written consent for the operation in question, nor had she been informed […]

The lack of legal recognition of same-sex couples violates the ECHR. Providing legal recognition and protection to same-sex couples does not harm traditional families

Article 14
07/08/2023 07:34

JUDGMENT Maymulakhin and Markiv v. Ukraine 01.06.2023 (app. no. 75135/14) see here SUMMARY The applicants are a same-sex couple living in Ukraine. They requested a marriage license but the authorities refused on the grounds that their country’s legislation does not allow any type of union for same-sex couples. The ECtHR reiterated its longstanding position that […]

Denial of transgender person’s request to change gender identity and name. Violation of respect for privacy due to lack of regulatory framework

Article 8
28/07/2023 10:05

JUDGMENT R.K. v. Hungary 22.06.2023 (app. no. 54006/20) see here SUMMARY Private life. The applicant, a transgender person, submitted a request to change his “gender” and name, attaching medical reports from a specialist clinical psychologist, psychiatrist and gynecologist as required by national law. His request was rejected on the grounds that he did not meet […]

Article 8