Article 8

Children’s refusal to return to their mother and their manipulation by the father does not exempt the authorities from taking the necessary measures to restore family ties. Failure to enforce judgments for custody violates the right to family life.

JUDGMENT  R.Ι. and others v. Romania 4.12.2018 (no. 57077/16) see here SUMMARY  The case concerned a woman who was given custody of her two children but who was not able to enforce the orders, which left the children with the father. While accepting that the authorities had been placed in a difficult position given opposition […]

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Expulsion of Turkish from Germany following his convictions regarding drugs. Non-integration into German society. It is necessary for society to expel him

JUDGMENT Cabucak v. Germany  20.12.2018  (no. 18706/16) see here SUMMARY The case concerned the applicant’s expulsion to Turkey by the German authorities following several criminal convictions. The Court found in particular that Mr Cabucak had sufficiently demonstrated that he enjoyed a relationship on a regular basis with his daughter which constituted family life within the […]

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The 13-year-old child has the right to choose with whom he will stay and who will have his custody. Assignment of custody to grandparents after the death of the mother and not to the indifferent father is compatible with the ECHR

JUDGMENT Khusnutdinov and X. v. Russia  18.12.2018 (no. 76598/12) see here   SUMMARY The case concerned a child residence dispute. The Court reiterated that as soon as children become mature, the courts should give due weight to their views and feelings and to their right to respect for their private life. Given that Mr Khusnutdinov’s […]

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Expulsion of aliens. When it is contrary to the ECHR

JUDGMENT Saber and Boughassal v. Spain 18.12.2018 ( no. 76550/13 and 45938/14) see here SUMMARY The case concerned expulsion orders against two Moroccan nationals following their convictions for criminal offences in Spain. The Court found in particular that the national authorities had failed to examine the nature and seriousness of the criminal convictions in question, […]

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The obligation of a spouse to give testimony to a criminal case in which his wife was a “special witness”, a stage ie before being characterised as a suspect, is contrary to the right to the protection of family life

JUDGMENT Kryževičius v. Lithuania 11.12.2018 (no. 67816/14) see here SUMMARY Witness against his wife. The applicant’s refusal to testify as a witness in a case where his wife was a “special witness”, a witness being investigated regarding her own potential criminal activity. Imposition of a fine for the refusal to testify and an inability of […]

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Non-execution of a custody decision. The State bears the responsibility and must take all necessary measures to restore family ties

JUDGMENT R.Ι. and others v. Romania 4.12.2018 (no.  57077/16) see here   SUMMARY  The case concerned a woman who was given custody of her two children but who was not able to enforce the orders, which left the children with the father. While accepting that the authorities had been placed in a difficult position given opposition […]

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The Court examines private versus public landlord-tenant relationships, dismisses case brought by a private tenant complaining about a possession order

JUDGMENT  F.J.M. v. United Kingdom  29.11.2018 (no.  76202/16) see here   SUMMARY  The case concerned a possession order against a tenant after the landlords, who were also her parents, defaulted on their mortgage payments. The applicant complained under Article 8 (right to respect for private and family life and the home) that the UK courts had […]

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The eviction of wifes from a state owned dormitory after five years of illegal residence violated their right to residence and was not necessary in a democratic society

JUDGMENT  Popov and others v. Russia 27.11.2018  (no. 44560/11) see here SUMMARY  State owned dormitories and right to residence. Decision regarding the eviction of wifes female from state owned  dormitory provided to their husbants who worked in the Treasury Security Service in the 1990s The ECtHR found that the dormitory where they illegally resided for […]

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The lack of a statement of reasons for judicial decisions and the non-judicial investigation of complaints concerning individual and family life constitute a violation of Article 8 of the ECHR!

JUDGMENT A.T. v. Estonia 13.11.2018 (no. 23183/15) see here SUMMARY  Reasoning of court rulings. Judicial examination of allegations of violation of private and family life. The role of the courts. Visits of a dangerous patient in a hospital with handcuffs and legs. The ECtHR considered that because of his  history (violent, aggressive, etc.) handcuffing did […]

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Individual’s right to respect for reputation infringed by court judgment on harassment case against local authority

JUDGMENT  Vicent Del Campo v. Spain 6.11.2018 (no. 25527/13) see here SUMMARY The case concerned a domestic judgement which named Mr Vicent Del Campo as having harassed a work colleague, although the defendant in the case was actually his local authority employer. The Court found in particular that there had been no good reason to […]

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