Family life

φυλακές

Conviction of a deceased (!) violates the fair trial. Presumption of innocence guarantees lack of criminal responsibility after the defendant’s death.

JUDGMENT Magnitskiyiy and others v. Russia  27.08.2019 (no. 32631/09 and 53799/12) see here SUMMARY  Conviction of the deceased. Criminal responsibility does not remain after the defendant death. This dictates the presumption of innocence. Conviction of the accused after his death violates the right to a fair trial as criminal proceedings require the defendant to participate. […]

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National courts in child custody cases must take into account evidence presented by a party and carry out a thorough examination of the family situation. Violation of family life.

JUDGMENT  Širvinskas v. Lithuania 23.07.2019 (no. 21243/17) see here  SUMMARY Interest of the child and arrangement of his residence in the event of divorce of his/her parents. The applicant had a daughter with his former wife. Because of personal reasons their marriage ended. The mother did not comply with the original settlement agreement of joined custody […]

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Cases involving parent-child relationships must be handled quickly and with extreme care. The 10-year-long court process for parental custody of two minor children violated the right to family life.

JUDGMENT R.V. and others v. Italy 18.07.2019 (no. 37748/13) see here SUMMARY  Parents’ inadequacy, parental care and foster family. The applicant, following a complaint from a relative, found it unsuitable for bringing up two children aged just 1 and 3 years respectively. The procedures for taking care of children have been made long and complicated. […]

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The publication of photographs in a magazine of the residences of a former German Minister and the freedom of expression of the press.

JUDGMENT  Karl-Theodor zu Guttenberg v. Germany 18.07.2019 (no. 14047/16) see here SUMMARY  Publication of residence photos of the family of the former German Minister. The Cologne Court of Appeal ruled that this publication did not just satisfy the public’s curiosity about the privacy of the applicant politician and his family but was related to the issue […]

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Inability of wheelchair user to access specific cinema in Geneva did not breach Convention protection of private life

JUDGMENT Glaisen v. Switzerland 18.07.2019 (no. 40477/13) see here SUMMARY  Person with disabilities.  Right of access to the cinema. Inability of a paraplegic wheelchair user notto gain access to a cinema in Geneva. The Court held that Article 8 (right to respect for private and family life) could not be interpreted as requiring access to […]

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Pre-trial detention should serve the needs of criminal investigation, not the public’s thirst for revenge and punishment. Unreasonable justification of the detention.

JUDGMENT Cîrstea v. Romania 23-07-2019 (no. 10626/11) see here SUMMARY  The applicant’s placement in pre-trial detention in the proceedings which followed a dramatic fire in a neonatal intensive-care ward where she was responsible for monitoring care. The Court reiterated its previous finding that domestic courts were required to give specific reasons for finding that public […]

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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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