Article 8 Archives

Eviction of a mother and her minor son from a publicly owned hostel. Violation of the right to respect for their home

Article 8
15/01/2023 10:24

JUDGEMENT Mukovoz v. Ukraine 12.01.2023 (app. no. 17414/11) see here SUMMARY The applicant, together with her minor son, was forced to leave a public hostel apartment in which they were staying, on the grounds that the lease she had with the University, to which she belonged, had expired. On 30 October 2009, the applicant challenged […]

Eviction of Roma from camps on land that was not their property and concurrent provision of accommodation. Non-infringement of family life.

Article 14
03/01/2023 14:54

JUDGEMENT Caldaras and Lupu v. France (no. 13561/15), Ciurar and others v. France (no. 35697/15), Stefan and others v. France (no. 36779/16), Stan v. France (no. 41969/16), Sisuand others v. France (no. 45871/16) and Margoi and others v. France (no. 72596/16), of 08.12.2022 see here see here see here SUMMARY Obligation of the state to […]

A child born through surrogacy from a same-sex male couple. The refusal to recognize a parent-child relationship violated the privacy of the latter

Article 8
12/12/2022 19:39

JUDGMENT D.Β. and others v. Switzerland 22.11.2022 (app. no. 58817/15 and 58252/15) see here SUMMARY The case concerned a same-sex couple who were registered partners and had entered into a gestational surrogacy contract in the United States under which the third applicant had been born. The applicants complained in particular that the Swiss authorities had […]

Courts are required to expeditiously examine child custody cases. Issuing of a decision after 7 months. Violation of Article 8 of the ECHR

Article 8
10/12/2022 16:52

JUDGMENT Μ.Η. v. Poland 01.12.2022 (app. no. 73247/14) see here SUMMARY Children’s custody. Family life. Obligation of national courts to act with speed and diligence. The applicant claimed legal custody of her daughter when her husband moved out of their family home, without her knowledge and without her consent, together with their child. The initial divorce […]

Failure to strike a balance between the interests of children and that of the society to limit the commercial nature of adoption. Violation of children’s privacy

Article 8
07/12/2022 18:42

JUDGMENT Κ.Κ. and others v. Denmark 06.12.2022 (app. no. 25212/21) see here SUMMARY The case concerned the refusal to allow the applicant K.K. to adopt the applicants C1 and C2 (twins) as a “stepmother” in Denmark. The twins were born to a surrogate mother in Ukraine who was paid for her service under a contract […]

Imprecision of domestic legislation for gender changes in civil-status records in Georgia

Article 8
05/12/2022 15:47

JUDGMENT A.D. and others v. Georgia 1.12.2022 (app. no. 57864/17) see here SUMMARY The applicants are transgender men (assigned female at birth). The case concerned their complaints that they had been unable to obtain legal recognition of their gender because they had not undergone sex reassignment surgery. The Court found in particular that, despite the […]

Prohibition of cohabitation of partners in the interest of the woman’s minor child from a previous marriage! Violation of respect for family life

Article 6 - Par. 1
28/11/2022 07:34

JUDGMENT N.V. and C.C. v. Malta 10.11.2022 (app. no. 4952/21) see here SUMMARY Cohabitation of couples in a stable relationship. Best interests of the child and positive obligations of the state for family reunification. The applicants are in a stable relationship and have one child. The partner has custody of her first child from a previous […]

The best interest of the children overrides the contact rights of the father when there is a risk to their safety! Violation of the family life

Article 8
24/11/2022 19:35

JUDGMENT Ι.Μ. and others v. Italy 10.11.2022 (app. no. 25426/20) see here SUMMARY The case concerned the allegation by the applicants (a mother and her two children) that the Italian State had failed in its duty to protect and assist them during contact sessions with the children’s father, a drug addict and alcoholic accused of […]

Removal of parental custody because the father was accused of sexually abusing his children did not violate the protection of family life. The best interest of the children comes first

Article 8
19/11/2022 07:24

JUDGMENT A and others v. Iceland 15.11.2022 (app. no. 25133/20 and 31856/20) see here SUMMARY The case concerned a couple’s loss of custody of their two children following accusations of sexual abuse. The accusations were against the father, who was prosecuted, but ultimately acquitted. The Court found in particular that the decision to deprive the […]

Refusal of the authorities to release victims bodies, for a period of 2.5 years during the criminal investigation, in order for them to be buried. Violation of religious freedom

Article 8
11/11/2022 10:51

JUDGMENT Aygün v. Belgium 08.11.2022 (app. no. 28336/12) see here SUMMARY In this case the applicants complained of the investigating judge’s refusal to allow them to transfer their sons’ bodies to Türkiye, their country of origin, while the investigation was ongoing. The Court observed that the investigating judge’s decision amounted to interference with the applicants’ […]

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