Family life

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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A prisoner refused to go to his grandmother’s funeral because the van that was to carry him was small and did not have a safety belt!

JUDGMENT  Jatsõšõn v. Estonia 30.10.2018 (no. 27603/15) see here   SUMMARY A detainee in prison in Estonia asked for permission to go to his grandmother’s funeral. The prison authorities granted him a permit and a small bus for his transportation. As soon as he saw the bus, the prisoner refused to board and be transferred to […]

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The parent can not be able to take measures that could harm his/her child. The removal of parental rights from a schizophrenic mother.

JUDGMENT  S.S. v. Slovenia 30.10.2018 (no.40938/16) see here SUMMARY Parental rights and schizophrenia. Removing parental rights from a mother suffering from schizophrenia and the then adoption of the child. According to the national courts, despite her psychological problems, there was no realistic chance that the applicant would take care of her daughter diligently. She complained […]

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Life-long deportation of a drug dealer father of six children. The right to respect for family life in the prevention of crime

JUDGMENT Assem Hassan Ali v. Denmark 23.10.2018 (no. 25593/14) see here   SUMMARY Life deportation. Family life. A Jordanian lived in Denmark and had originally married a stateless Palestinian woman with Danish citizenship and afterwards he was married to an Iraqi woman. He had a total of 6 children, all of whom were Danish citizens. He […]

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The non-exhaustive judicial inquiry into the custody of the child has violated the right of the father and the child to family life.

JUDGMENT Petrov and X v. Russia 23.10.2018 (no. 23608/16) see here SUMMARY Child custody. Unreasonable and sufficient reasons that establish the custody of the child, and not to the father. No expert opinion was sought, nor was the father’s request examined, nor were the medical documents taken into account as evidence. The ECtHR held that the […]

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Self determination of transgender persons regarding the name choice. Justice from the Court

JUDGMENT S.V. v. Italy 11.10.2018 (no. 55216/08) see here   SUMMARY The case concerned the Italian authorities’ refusal to authorise a transgender person with a female appearance to change her male forename, on the grounds that no final judicial ruling had been given confirming gender reassignment. In May 2001 the Rome District Court authorised S.V. to […]

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