Family life Archives

Deportation of an immigrant living with his parents and a ban on entering the country for 10 years, due to a large number of his convicts. Non-violation of family life

Article 8
08/06/2020 16:27

JUDGMENT Azerkane v. The Netherlands 02.06.2020 (application no. 3138/16) see here SUMMARY Deportation of an immigrant living with his parents. Right to family life. Non-infringement. It is the right of every state to control its borders and pursue immigration policy. The applicant is a Moroccan national who lived since his birth with his paternal family […]

The execution of a court decision for the delivery of a minor child by one parent to another consists of a state obligation!

Article 8
01/06/2020 08:33

JUDGMENT Gubasheva and Ferzauli v. Russia 05.05.2020 (no. 38433/17) see here SUMMARY Execution of court decisions by the domestic authorities and the responsibility of the state. The first applicant, acting for herself individually but also on behalf of her minor daughter and the second applicant, applied for custody after her divorce from her husband, who […]

Adoption without searching and informing the biological father and refusal to recall it. Violation of the father’s right to family life

Children
05/05/2020 17:09

JUDGMENT Uzbyakov v. Russia 05.05.2020 (no. 71160/13) see here SUMMARY The case concerned the applicant’s complaint about his daughter being adopted by another family and the refusal by the courts to overturn that decision. The Court found deficiencies in the proceedings for the daughter’s adoption, the applicant’s subsequent paternity claim and his request to revoke […]

Not allowing a detainee to attend his mother’s funeral and mot allowing his sister to visit him violated his family’s life.

Article 3
17/03/2020 18:48

JUDGMENT Kosenko v. Russia 17.03.2020 (no. 15669/13 and 76140/13) see here SUMMARY Detainees’ rights. Not granting permission to a prisoner with psychiatric problems to attend his mother’s funeral and not granting permission for a visit to his sister. According to the ECtHR, the applicant’s pre-trial detention was not incompatible with his psychiatric health condition, given […]

The alienation of troubled parents from their children has violated their family life

Article 8
14/03/2020 18:58

JUDGMENT Hernehult v. Norway 10.3.2020 (no. 14652/16) and Pedersen and others v. Norway 10.3.2020 (no. 39710/15) SUMMARY Right to family life, incomplete communication, lack of effort to reunite minor children with their parents. The applicants in both cases are parents of 3 children and 1 child respectively. Due to mental illness, both were deemed inappropriate […]

Addicted mother of three. Removal of parental authority was disproportionate and violated her family life

Article 8
25/02/2020 13:06

JUDGMENT Y.I. v. Russia 25.2.2020 (no. 68868/14) see here SUMMARY The case concerned the applicant’s complaint about being deprived of her parental authority in respect of her three children because she was a drug addict. Drug addiction is a ground for removing parental authority under the Russian Family Code, and entailed her losing all contact […]

Yukos affair and Putin statements. A series of violations against the accused. Multiple Russian condemnation of ECHR violations

Article 6 - Par. 1
26/01/2020 14:29

JUDGMENT Khodorkovskiy and Lebedev v. Russia 14.01.2020 (n. 2) (appl. no. 51111/07 and 42757/07) see here SUMMARY The case concerned the second trial of former Yukos executives Mikhail Khodorkovskiy and Platon Lebedev. The European Court of Human Rights held unanimously that there had been breaches of the applicants’ right to a fair trial under Article […]

Incredible interference by the political and judicial leadership in the non-execution of a decision by a Lithuanian mother to give custody to a German father! Strong conviction for violation of family life!

Article 8
15/01/2020 16:11

JUDGMENT […]

The expulsion of an alien for the purposes of public policy and security did not violate his right to family life

Article 8
06/01/2020 17:06

JUDGMENT Zakharchuk v. Russia 17.12.2019 (no. 2967/12) see here SUMMARY Limits on the protection of family life. Expulsion of an alien for national security reasons. The applicant was born in the former Soviet Union to a Russian mother and a Polish father. He acquired Polish citizenship and maintained ties with that country even though […]

The removal of a child’s custody from his father, in the best interest of the child, did not violate the father’s right to family life

Article 8
02/01/2020 19:00

JUDGMENT Lacombe v. France 10.10.2019 (no. 23941/14) see here SUMMARY The case concerned proceedings for the return of a child to his mother in the United States under the Hague Convention. The Court found that the domestic courts had taken due account of the applicant’s allegations and that the decision-making process had been fair. The […]

Family life