Family life

Inadequate and ineffective investigation of alleged rape of a tourist. Greece was condemned for violating the respect for privacy and the procedural part of Article 3

JUDGMENT X. v Greece 13.02.2024 (application no. 38588/21) see here SUMMARY The case concerned the applicant’s allegations that the Greek authorities had not carried out an effective investigation into her accusation that she was raped by a hotel bartender in September 2019 when she was 18 years old and on holiday with her mother, and […]

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Failure of the authorities to take measures to implement court decisions on father-son communication. Violation of the right of respect for family life

JUDGMENT Tóth v. Hungary 19.10.2023 (app. no. 8324/18) see here SUMMARY After the dissolution of the applicant’s marriage with the child’s mother, the father’s contact with the child was determined by private agreement. However, the mother breached the agreement by interrupting the child’s summer vacation with the father in August 2016. In subsequent meetings that […]

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Courts while examining communication rights, custody and domestic violence cases must conduct a thorough inquiry into the best interests of the children

JUDGMENT Luca v. Moldova (app. no. 55351/17) and Bîzdîga v. Moldova (app. no. 15646/18) 17.10.23 see here SUMMARY  Ms Luca’s case concerned allegations that the authorities had failed to protect her from domestic violence – which on one occasion had led to eight days’ hospitalisation – and to help her maintain her relationship with her […]

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Prohibition on exporting gametes and embryos to a country which authorises posthumous insemination did not breach the right to respect for private life protected by Article 8 of the Convention

JUDGMENT Baret and Caballero v. France 14.09.2023  (app. no. 22296/20 and 37138/20) see here SUMMARY The cases concerned the prohibition on exporting the sperm of the first applicant’s deceased husband and the embryos created by the second applicant with her deceased husband to Spain, a country where posthumous conception was permitted. The Court found in […]

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The lack of legal recognition of same-sex couples violates the ECHR. Providing legal recognition and protection to same-sex couples does not harm traditional families

JUDGMENT Maymulakhin and Markiv v. Ukraine 01.06.2023 (app. no. 75135/14) see here SUMMARY The applicants are a same-sex couple living in Ukraine. They requested a marriage license but the authorities refused on the grounds that their country’s legislation does not allow any type of union for same-sex couples. The ECtHR reiterated its longstanding position that […]

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οικογενειακή ζωή

Refusal of family reunification request for aliens who received assistance from social welfare. Violation of family life

JUDGMENT B.F. and others v. Switzerland 04/07/2023 (app. no. 13258/18, 15500/18, 57303/18 and 9078/20) see here SUMMARY The applicants entered Switzerland at different points in time between 2008 and 2012 and were recognised as refugees within the meaning of the 1951 United Nations Convention relating to the Status of Refugees. They were granted provisional admission […]

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Imposing a 300-day waiting period only on women in order for them to remarry after divorce violated their right to privacy!

JUDGMENT Nurcan Bayraktar v. Turkey 27.06.2023 (app. no. 27094/2020) see here SUMMARY The case concerned the legal obligation for divorced women to observe a 300-day waiting period before remarrying – to someone other than their ex-husband – unless they could prove they were not pregnant by undergoing a medical examination. The Court held that imposing […]

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Women appealed before the ECtHR for the right to abortion in Poland. Dismissal of the applications as inadmissible

JUDGMENT Α.Μ. and others v. Poland 08.06.2023 (app. no. 4188/21, 4957/21, 5014/21, 5523/21, 5876/21, 6114/21, 6217/21, 8857/21) see here SUMMARY The applications concerned restrictions on abortion rights in Poland. The applicants alleged in particular that, following amendments to the legislative framework in 2020, they have effectively been banned from having access to legal abortion in […]

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