JUDGMENT Malinin v. Russia12.12.2017 (no. 70135/14) see here SUMMARY Child custody of the mother instead of the father and the transfer of the children abroad, to the place of residence of the mother. No violation of family life. PROVISION Article 8 PRINCIPAL FACTS The applicant, Aleksey Malinin, is a Russian national who was born in […]
JUDGMENT Alković v. Montenegro 5.12.2017 (no. 66895/10) see here SUMMARY Ethnic and religious attacks on a Roma-Muslim and his child by their neighbors. Shots, threats and crosses at his door, forced the family to move. Ineffective research. Violation of the right to respect for privacy in conjunction with a breach of the prohibition of discrimination. […]
JUDGMENT Ratzenböck and Seydl v. Austria 26-10-2017 (no. 28475/12) see here SUMMARY Lack of possibility for heterosexual couples to enter into a registered partnership. The Austrian registered partnership is an alternative to marriage only for same-sex couples. The applicants, as a heterosexual couple, had access to marriage in an institution that satisfied the need for […]
JUDGMENT D.M.D. v. Romania 3/10/2017 (no. 23022/13) see here SUMMARY Child abuse by the father. Excessive duration and inefficiency of the research. Non-indemnification by the domestic courts of the ex-offender. Condemnation for degrading treatment (child abuse) and the right to a fair trial. PROVISIONS Article 3 Article 6 PRINCIPAL FACTS The applicant, D.M.D., is a […]
JUDGMENT Vilenchik v. Ukraine 3/10/2017 (no. 21267/14) see here SUMMARY Delay of child return to the father. Not immediate application of the procedures laid down in the Hague Convention, so that the return does not serve the interests of the child. Violation of the right to respect for family life. PROVISION Article 8 PRINCIPAL FACTS […]
JUDGMENT Silva and Mondim Correia v. Portugal 3/10/2017 (no. 72105/14 και 20415/15) see here SUMMARY Judicial recognition of child paternity. Limitation of the right to a paternity recognition within 10 year from adulthood. Rejection of the action due to time limitation does not violate the right to family life. PROVISION Article 8 PRINCIPAL FACTS The […]
JUDGMENT Achim v. Romania 24-10-2017 (no. 45959/11) see here SUMMARY Placement of children in an institution due to poor living conditions near their parents. Best interest of the children. No violation of the Convention. SUMMARY Article 8 PRINCIPAL FACT The applicants, Angela Achim and Nicolae Achim, are Romanian nationals belonging to the Roma ethnic group. […]
JUDGMENT Alexandru Enache v. Romania 3/10/2017 (no. 16986/12) see here SUMMARY Favorable treatment of detained mothers of underage children in relation to the fathers in prison. Right to suspend the punishment of mothers until their child becomes one year old, as opposed to fathers with newly born children. No violation of the prohibition of discrimination […]
JUDGMENT Carvalho Pinto de Sousa Morais v. Portugal 25-07-2017 (no. 17484/15) see here SUMMARY The applicant, suffering from a gynecological disease, underwent surgery in May 1995. Her intervention caused a number of problems due to the injury of a genetic nerve. She filed an action for damages against the hospital, which she won at first instance. […]
JUDGMENT Μ.S. v. Ukraine 11-07-2017 (no. 2091/13) see here SUMMARY Sexual abuse. Residence of a minor. Research. The case concerned the investigation of the alleged sexual abuse of the daughter and the determination of her place of residence. In a random examination, the father of the minor pupil discovered that the child had been sexually […]
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