Family life

Denial of a of a prisoner’s request to attend his brother’s funeral violated the right to family life

JUDGMENT Vetsev v. Bulgaria  02.05.2019 (no. 54558/15) see here SUMMARY Funeral of a prisoner’s brother. The refusal of the Bulgarian authorities to allow a prisoner to attend his brother’s funeral. The Court considered that the Bulgarian authorities had rejected the claim on the grounds that this was not provided for under national law, without its […]

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The inability of social welfare authorities to provide appropriate help to overcome the children’s refusal to communicate with their father violated the right to respect for family life

JUDGMENT A.V. v. Slovenia 09.04.2019 ​​(no. 878/13) see here SUMMARY Father and child communication. Negative attitude of children to get in touch with their father. Judicial deprivation of the father of three children of his right to communicate with them. Ineffectiveness of the work of social welfare authorities that failed to ensure safe support of […]

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Τhe expulsion decision of an alien must take into account the principle of proportionality, including behavioral change, health deterioration, and family ties that have developed. Breach of private and family life from Switzerland

JUDGMENT Ι.Μ. v. Switzerland 09-04-2019 (no. 23887/16) see here SUMMARY Deportation decision of the applicant’s Swiss authorities, a Kosovo national following his conviction for rape. The applicant, with an 80% disability, currently lives in Switzerland with his adult children, of whom he is fully dependent. The European Court of Human Rights found in particular that […]

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Refusal to allow a prisoner convicted of terrorist offences to travel to her father’s funeral did not breach the right of protection of family life

JUDGMENT Guimon v. France 11.04.2019 (no. 48798/14) see here SUMMARY The case concerned the refusal to allow the applicant, who was imprisoned in Rennes for terrorist offences, to travel to a funeral parlour in Bayonne to pay her last respects to her deceased father. The Court noted that the authorities had rejected the request on […]

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Insufficient and ineffective investigation of allegations of rape violated the privacy of the victim and constituted degrading treatment

JUDGMENT E.B. v. Romania 19.03.2019 (no. 49089/10) see here SUMMARY The case concerned the applicant’s complaint that her accusations of rape had not been properly investigated and that she had been deprived of her procedural rights. The Court found that the authorities had failed to carry out a proper investigation and had overly emphasised the […]

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The right of grandparents to communicate with their grandchildren and the Court

JUDGMENT Bogonosovy v. Russia 05.03.2019 (no. 38201/16) see here SUMMARY The case concerned a grandfather who wanted to maintain ties with his granddaughter after her adoption by another family. The Court held that the domestic courts should have assessed his request to maintain a post-adoption relationship with his granddaughter but had instead interpreted and applied […]

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The expulsion of a Moroccan national living in Italy for 20 years on grounds of public order protection has not infringed his family or private life

JUDGMENT Narjis v. Italy 14.02.2019 (no.57433/15) see here SUMMARY The case concerned the Italian authorities’ refusal to renew the residence permit of a Moroccan national (Mr Narjis) who had lived in Italy for 20 years, on the grounds that he posed a danger to society, and his expulsion to Morocco. The Court decided to examine Mr […]

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Visiting restrictions, the existence of a glass partition and the presence of a guard during family visits and the great distance of the prison facility from the relatives’ residence violate the prisoner’s right to his / her family life

JUDGMENT  Resin v. Russia 18.12.2018 (no. 9348/14) see here   SUMMARY  Rights of prisoners in family life. The limited number of relatives in the applicant’s visit, the existence of a glass partition in the visitor room, the constant supervision of his relatives ‘visits by the prison staff and the great distance of the prison (7,000 km) […]

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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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