Family life

Serious injury from car accident. Research on accident conditions. Archiving the case after thorough proceedings and full examination and recording of the evidence did not violate the right to life of the applicant.

JUDGMENT Nicolae Virgiliu Tănase v. Romania 25.06.2019 (no. 41720/13) see here  SUMMARY  Road  traffic accident with severe body injuries. The applicant was involved in a road traffic accident when a moving car crashed  heavily into the back of his car shunting it, into the back of a parked  military lorry. He suffered serious injuries and […]

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Adoption of a child and registration of its surname in the civil-status documents. The refusal to register only the surname of the foster parent in place of that of the biological parent violated the right to respect for the child’s family life

JUDGMENT Leyla Can v. Turkey 18.06.2019 (no. 43140/08) see here  SUMMARY  Adoption of a child from a single-parent family. Entering of the surname of the adopted child in the civil-status  registry. Parentalist request to register only the her surname as a child’s surname. Denial of authorities. The applicant adopted a 7-year-old, who lived with her biological […]

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Disabled student. Suitable facilities and education for people with disabilities. Romania has taken adequate measures to allow access.

JUDGMENT Stoian v. Romania 25.06.2019 (no.289/14) see here SUMMARY  Disabled student. Facilities suitable and edication for people with disabilities. Romania has taken adequate measures to enable access to suitable facilities in schools for pupils with special needs and to provide adequate support for their education. The Stoian v. Romania case (No 289/14) concerned the complaints […]

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The failure of the state to secure the father’s reunification with his minor daughter, which her mother brought her to another country, violated the right to respect for family life.

JUDGMENT  Vladimir Ushakov v. Russia 18.06.2019 (no. 15122/17) see here  SUMMARY Right to reunite father with a minor daughter. State obligation to develop their ties. The applicant, a Russian national, was resident in Finland. He had a daughter with his wife. At the time of their divorce, the former spouse settled with her daughter in […]

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Reunion of a daughter and her father after his acquittal for domestic violence. The failure of the state to ensure reunification violated the right to respect for family life

JUDGMENT Ηaddad v. Spain 18.06.2019   ( no. 16572/17) see here   SUMMARY Parent’s right to exercise parental custody for his child without interruption. The applicant, a Syrian national, was deprived of the communication and parental responsibility of his three minor children, by a court ruling, following the lawsuit filed by his wife against domestic violence. During the […]

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Gülelen and a secret extradition of five teachers from Moldova to Turkey because of alleged ties with the movement. Violation of the ECHR.

JUDGMENT  Ozdil and others v. The Republic of Moldova 11.06.2019 (no. 42305/18) see here  SUMMARY  Extradition of  five Turkish professors who were wanted by the Turkish authorities for alleged ties to the Fethullah Gülen movement. The Court found in particular that the arrest of the applicants and the speed of their extradition from Moldova to Turkey […]

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The refusal to appoint a teacher who was successful in a competition because of personal life issues and not because of professional incompetence, violated his right to privacy.

JUDGMENT Yilmaz v. Turkey 04.06.2019 ( no. 36607/06) see here  SUMMARY Unjustified interference with personal life. Refusal to appoint a teacher. The applicant, who came second to a teaching post abroad, was not appointed because of his personal life revealed by security investigation, in particular because he practiced  gender segregation and his wife’s dress code (veil).  […]

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The unjustified restrictions on remand pre -trial prisoners’ rights in terms of family visits, violates the right to protection of family life and constitutes a prohibited discrimination.

JUDGMENT Chaldayev v. Russia 28.05.2019 (no. 33172/16) see here   SUMMARY  Pre –trial  detention of a defendant and right to visit from family. The state has no right to lay down  restrictions on visits to relatives of pre-trial prisoners that are not considered appropriate and really  necessary. The applicant was held  on pre –trial detention and before […]

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The refusal to grant a residence permit for family reintegration reasons to a foreigner who presented false information did not violate the right to respect for privacy.

JUDGMENT  Abokar v. Sweden 06-06-2019 (no. 23270/16) see here SUMMARY Refusal by the Swedish authorities to grant the applicant a residence permit for reasons of family reintegration. The applicant had provided inaccurate information to the authorities on his identity and thus had problems in proving this, while he had no connection with Sweden except his […]

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The reasoned rejection of a request of a prisoner convicted of terrorist acts for his transfer to a prison close to his family did not violate the right to respect for his family life

JUDGMENT  Fraile Iturralde v. Spain 28.05.2019 (no. 66498/17) see here SUMMARY A prisoner convicted as a member of a terrorist organization for involvement in a terrorist act has asked to be transferred to a prison closer to his family. Refusal by the national authorities to carry it out. The Court found that the reasons for […]

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