Family life

The refusal to appoint a teacher who was successful in a competition because of personal life issues and not because of professional incompetence, violated his right to privacy.

JUDGMENT Yilmaz v. Turkey 04.06.2019 ( no. 36607/06) see here  SUMMARY Unjustified interference with personal life. Refusal to appoint a teacher. The applicant, who came second to a teaching post abroad, was not appointed because of his personal life revealed by security investigation, in particular because he practiced  gender segregation and his wife’s dress code (veil).  […]

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The unjustified restrictions on remand pre -trial prisoners’ rights in terms of family visits, violates the right to protection of family life and constitutes a prohibited discrimination.

JUDGMENT Chaldayev v. Russia 28.05.2019 (no. 33172/16) see here   SUMMARY  Pre –trial  detention of a defendant and right to visit from family. The state has no right to lay down  restrictions on visits to relatives of pre-trial prisoners that are not considered appropriate and really  necessary. The applicant was held  on pre –trial detention and before […]

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The refusal to grant a residence permit for family reintegration reasons to a foreigner who presented false information did not violate the right to respect for privacy.

JUDGMENT  Abokar v. Sweden 06-06-2019 (no. 23270/16) see here SUMMARY Refusal by the Swedish authorities to grant the applicant a residence permit for reasons of family reintegration. The applicant had provided inaccurate information to the authorities on his identity and thus had problems in proving this, while he had no connection with Sweden except his […]

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The reasoned rejection of a request of a prisoner convicted of terrorist acts for his transfer to a prison close to his family did not violate the right to respect for his family life

JUDGMENT  Fraile Iturralde v. Spain 28.05.2019 (no. 66498/17) see here SUMMARY A prisoner convicted as a member of a terrorist organization for involvement in a terrorist act has asked to be transferred to a prison closer to his family. Refusal by the national authorities to carry it out. The Court found that the reasons for […]

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The Court decides not to return the children to their father because of domestic violence. Complete contradiction with the rationale of national courts.

JUDMENT  O.C.I. and others v. Romania 21.05.2019 (no. 49450/17) see here SUMMARY  Domestic violence. Abuse of children by their father in the past. The mother took the children to her home country of Romania and did not return to Italy, which was the permanent home of the family and where their Italian father lived. The […]

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Denial of a of a prisoner’s request to attend his brother’s funeral violated the right to family life

JUDGMENT Vetsev v. Bulgaria  02.05.2019 (no. 54558/15) see here SUMMARY Funeral of a prisoner’s brother. The refusal of the Bulgarian authorities to allow a prisoner to attend his brother’s funeral. The Court considered that the Bulgarian authorities had rejected the claim on the grounds that this was not provided for under national law, without its […]

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The inability of social welfare authorities to provide appropriate help to overcome the children’s refusal to communicate with their father violated the right to respect for family life

JUDGMENT A.V. v. Slovenia 09.04.2019 ​​(no. 878/13) see here SUMMARY Father and child communication. Negative attitude of children to get in touch with their father. Judicial deprivation of the father of three children of his right to communicate with them. Ineffectiveness of the work of social welfare authorities that failed to ensure safe support of […]

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Τhe expulsion decision of an alien must take into account the principle of proportionality, including behavioral change, health deterioration, and family ties that have developed. Breach of private and family life from Switzerland

JUDGMENT Ι.Μ. v. Switzerland 09-04-2019 (no. 23887/16) see here SUMMARY Deportation decision of the applicant’s Swiss authorities, a Kosovo national following his conviction for rape. The applicant, with an 80% disability, currently lives in Switzerland with his adult children, of whom he is fully dependent. The European Court of Human Rights found in particular that […]

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Refusal to allow a prisoner convicted of terrorist offences to travel to her father’s funeral did not breach the right of protection of family life

JUDGMENT Guimon v. France 11.04.2019 (no. 48798/14) see here SUMMARY The case concerned the refusal to allow the applicant, who was imprisoned in Rennes for terrorist offences, to travel to a funeral parlour in Bayonne to pay her last respects to her deceased father. The Court noted that the authorities had rejected the request on […]

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