Family life Archives

Unfair interventions in schools violated the basic rights of students, parents and teachers in education, privacy and personal freedom.

1st P - Article 2
19/09/2019 16:05

JUDGMENT Iovcev and others v. the Republic of Moldova and Russia 17.09.2019 (no. 40942/14) see here SUMMARY Teacher intimidation and illegal investigations of students by the “MRT”, directed by the Russian Federation. The applicants are five students, three parents and 10 members of the Romanian / Moldavan language school in Moldova. The “MRT”, which is in economic […]

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

Article 2
30/08/2019 15:48

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. […]

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.

Article 14
14/08/2019 09:04

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 […]

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.

Article 8
09/08/2019 16:52

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. […]

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

Family life
25/07/2019 18:43

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 […]

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

Article 10
24/07/2019 16:28

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 […]

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

Article 13
23/07/2019 16:36

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 […]

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.

Article 2
03/07/2019 12:09

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 […]

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

Article 8
30/06/2019 16:04

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 […]

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

1st P - Article 2
29/06/2019 12:37

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 […]

Family life