Family life


A conviction for refusing to be included in the national computerised DNA database is contrary to the right to respect for private life

JUDGMENT Aycaguer v. France  22-06-2017 (no. 8806/12) see here SUMMARY DNA testing. Denial to provide Genetic Material for Examination. The conviction of the applicant for this denial violates the right to privacy. PROVISION Article 8 PRINCIPAL FACTS The applicant, Jean-Michel Aycaguer, is a French national who was born in 1959 and lives in Ossès (France). On […]

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The balance between the freedom of TV broadcasting and the protection of the reputation of politicians

JUDGMENT Haupt v. Austria 01-06-2017 (no. 55537/10) see here SUMMARY Conflict of rights. Freedom of expression. Right to protection of reputation. Balancing rights. Superiority of the freedom of expression of a television presenter who called a politician “usually surrounded by small brown rats” against the protection of his reputation. The amount awarded by the national […]

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Deprivation of family visits violates the right to family life

JUDGMENT Vladimir Nikolayevich Fedorov v. Russia (no. 48974/09) 30-5-2017 see here  SUMMARY Provisional reservation. Right to family life. Detainee. Visite deprivation. Depriving a detainee from communicating with his relatives throughout his detention violates his or her right to family. The ECtHR found a violation of Article 8 of the ECHR. PROVISIONS Article 5 par. 3 […]

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Unlawful residential research and the seizure of personal belongings violated the right to privacy and respect of home.

JUDGMENT Bože v. Latvia 18-5-2017 (no. 40927/05) see here  SUMMARY Residential search and seizure. Investigation and seizure carried out in the applicant’s apartment on the grounds that he was selling an unauthorized medicine for the treatment of HIV, hepatitis and cancer through the Internet. The actions of the authorities in his home were not based […]

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Banning relatives to visit a prisoner violates his right to family life.

JUDGMENT Pakhtusov v. Russia 16-5-2017 (no. 11800/10) see here  SUMMARY Family life. Detainee. Relatives’ visits. Prohibition to relatives to visit a prisoner held in administrative detention for use of an expired driving license, as the visits were not foreseen by the legislation. The Court has condemned Russia for violating the applicant’s family life. PROVISION Article […]

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οικογενειακή ζωή

The communication between the father and the child, in the presence of the mother,after divorce, violates the right to family life

JUDGMENT Improta v. Italy 04-05-2017 (no. 66396/14) see here  SUMMARY Right to father-daughter communication without the presence of the mother. Right to family life.  The case concerned the applicant’s inability to exercise the right of communication due to the reaction of the mother of the child. The ECtHR considered that the father of the child […]

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Deportation when justified on grounds of public interest is not incompatible with Article 8 of the ECHR.

JUDGMENT Krasniqi v. Austria  25-04-2017 (no. 41697/12) see here  SUMMARY Deportation on grounds of public interest. The applicant was a Kosovo national and lived in Austria for 14 years with his family and was sentenced several times for criminal offenses. In this case, the Court held that the public interest in the applicant’s deportation and […]

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The authorities’ removal of a child born from gestational surrogacy who had no biological ties to the intended parents was not contrary to the European Convention on Human Rights

JUDGMENT Paradiso and Campanelli v. Italy (application no. 25358/12) 24.1.2017 see here SUMMARY The case concerned the placement in social-service care of a nine-month-old child who had been born in Russia following a gestational surrogacy contract, entered into with a Russian woman by an Italian couple who had no biological relationship with the child. Having […]

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The complete deprivation of the mother’s communication from her children, even if the latter deny contact, is a direct violation of the right to family life

JUDGMENT Κ.Β. κ.α. v. Croatia 14-3-2017 (no. 36216/13) see here  SUMMARY Right to family life. Communicating between mother and children. National authorities have an obligation to ensure that children communicate with their mother regardless of the child’s negation. The appeal was filed on behalf of the mother, but also for her two minor children and […]

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