JUDGMENT M.K. v. Greece 01.02.2018 (no. 51312/16) see here SUMMARY Child custody. Assignment of custody to the mother, who moved abroad. The will of a child to remain with his father and brother. The wishes expressed by a child who has a good understanding and maturity is a key factor to be taken into account […]
JUDGMENT Hadzhieva v. Bulgaria 01.02.2018 (no. 45285/12) see here SUMMARY Detention of parents for embezzlement. Lack of assistance to the minor child, which was abandoned due to the detention of his parents. Claims for damages against the authorities without success. Violation of the right to respect for private and family life. PROVISION Article 8 […]
JUDGMENT Edina Tóth v. Hungary 30.01.2018 (no. 51323/14) see here SUMMARY Abduction of the applicant’s son by her husband. After divorce, she was assigned custody of the minor. The decision was not executed. Infringement of Article 8 (right to respect for family life) because her family life has been disrupted since the Hungarian authorities did […]
JUDGMENT Afiri and Biddarri v. France 25.01.2018 (no. 1828/18) see here SUMMARY Interruption of artificial support to a minor. Disagreement between doctors and her parents. Thorough examination of the issue of disruption of the technical support from the ECtHR. The domestic authorities had complied with their positive obligations under Article 2 (right to life), so […]
JUDGMENT Faludy-Kovács v. Hungary 23.01.2018 (no. 20487/13) see here SUMMARY Title of a newspaper article referring to the widow of a well-known Hungarian poet. The article was titled “Trampling on the Memory of Faludy. The widow does everything to the forefront. ” The title contained a value judgment rather than statement of facts. No violation […]
JUDGMENT Oller Kamińska v. Poland18.01.2018 (no. 28481/12) see here SUMMARY Delay of mother and daughter reunification for three years. Domestic courts have failed to return the daughter to the mother immediately despite the existence of two positive judgments. Infringement of Article 8 (right to respect for family life) of the ECHR. PROVISION Article 8 PRINCIPAL […]
JUDGMENT Hallier and others v. France 18.01.2018 (no. 46386/10) see here SUMMARY The case concerns the refusal to grant a paternity leave to the partner of the mother. The applicant relied on Article 14 (prohibition of discrimination) in conjunction with Article 8 (right to respect for private and family life). However, the Court held that […]
JUDGMENT Cuenca Zarzoso v. Spain 16/1/2018 (no. 23383/12) see here SUMMARY Noise from bars, pubs and discos. Complaint before a local council for lack of appropriate noise reduction measures. Violation of Article 8 (right to respect for private and family life) for failure to fulfill a positive obligation. PROVISION Article 8 PRINCIPAL FACTS The applicant, […]
JUDGMENT Nedescu v. Romania 16.01.2018 (no. 70035/10) see here SUMMARY Complaints of a couple that they could not recover the embryos seized by the public prosecutors and being prevented from acquiring another child. Infringement of Article 8 (right to respect for private and family life). PROVISION Article 8 PRINCIPAL FACTS The applicants, Daniela Nedescu and […]
JUDGMENT Orlandi and others v. Italy 14.12.2017 (no. 26431/12) see here SUMMARY Family life. Rights of homosexual couples in legal recognition. Registering married couples in a registry. The concept of family life in Article 8 of the ECHR includes the de facto stable same-sex relationship. The protection level of the same concept also includes […]
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