Family life

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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No breach of woman’s rights in home birth case, but Court calls on Croatia to regulate legislation more clearly

ΑΠΟΦΑΣΗ Pojatina v. Croatia 04.10.2018 (no.  18568/12) see here   SUMMARY The case concerned Croatian legislation on home births. The applicant in the case is a mother who gave birth to her fourth child at home with the help of a midwife from abroad. She alleged in particular that, although Croatian law allowed home births, women […]

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Employment-related disputes are not excluded from the scope of “private life”. The dismissal of a judge from his post as President of the Court due to his inability to carry out his managerial duties.

JUDGMENT Denisov v. Ukraine 25.09.2018 (no. 6639/11) see here  SUMMARY  The case concerned the applicant’s removal from the post of president of the Kyiv Administrative Court of Appeal. The Court found that the way that the High Council of Justice had first dismissed Mr Denisov as president of the court owing to managerial inefficiency and […]

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ιατρική βεβαίωση

The accusation of the false medical certificate regarding the health condition of a prisoner, that is not proven violates the right to privacy

JUDGMENT Jishkariani v. Georgia 20.09.2018 (no. 18925/09) see here  SUMMARY  The case concerned defamation proceedings brought in 2005 by a psychiatrist, who is also a civil society activist, against the Minister of Justice at the time. The Minister had accused her on live television and in a newspaper of issuing medical reports to prisoners in […]

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The exhumation of the victims despite the objections of the relatives violates the right to respect for family life

JUDGMENT Solska and Rybicka v. Poland 20.09.2018 (no. 30491/17 and 31083/17) see here SUMMARY  The case concerned the exhumation of the victims killed in the Polish Air Force plane crash in Smolensk in 2010. The Polish prosecuting authorities ordered the exhumations in 2016 as part of the ongoing investigation into the crash, which killed 96 […]

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οικογένεια

Long-term separation of the father from the child due to lack of institutionalized communication during a divorce violates the right to family life

JUDGMENT  Cristian Cătălin Ungureanu v. Romania 04.09.2018 (no. 6221/14) see here   SUMMARY  During divorce proceedings, national law does not grant the right to the parent who is not diligent to communicate with his child. The national courts, although they found the problem, not only did not find a solution to the issue of communication, […]

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Wrong prenatal diagnosis for twin pregnancy and birth of a baby. The national courts in medical malpractice must act quickly and effectively.

JUDGMENT Eryiğit v. Turkey 10.04.2018 (no. 18356/11) see here  SUMMARY Disappearance of a newborn baby. Prenatal diagnosis of three hospitals for twins while only one baby was born. The national courts have awarded damages for non-pecuniary damage. The applicants considered that they had not been properly compensated by the disappearance of the second newborn. In  […]

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Non-execution of a father’s court communication decision with his daughter. Violation of family life

JUDGMENT  Vyshnyakov v. Ukraine 19.07.2018 (no. 25612/12) see here   SUMMARY  The right of communication between a father and his daughter. Court decision to see his daughter three times a week, which has not been repeatedly applied because of the negation of the mother and ex-wife. Infringement of the applicant’s family life due to the failure […]

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ECHRCaseLaw

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