Family life

Incarceration of an abused juvenile in institutions without pedagogical provision and without the possibility of judicial review of the measure! Conviction from the Court

JUDGMENT Ι.G.D. v. Bulgaria 07.06.2022 (app. no. 70139/14) see here SUMMARY The case  concerned a minor who was placed in specialised institutions from 2011 to 2015 on the grounds of having committed a number of offences. At the time of his initial placement the applicant was 11 years old. In 2015, after the maximum time […]

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No breach of Jehovah’s Witness’ rights in case concerning dispute over his daughter’s religious upbringing

JUDGMENT T.C. v. Italy 19.05.2022 (app. no. 54032/18) see here SUMMARY The case concerned a dispute between the applicant and the mother of his daughter from a previous relationship over their child’s religious upbringing. The applicant had become a Jehovah’s Witness after the split in the relationship. Following proceedings brought by the mother in the […]

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Exclusion of a couple from in vitro fertilization because the woman was over 43 years old, violated their right to family life

JUDGMENT Lia v. Malta 05.05.2022  (app. no. 8709/20) see here SUMMARY In vitro fertilization, interpretation and application of the relevant law without the required predictability. The case concerned the authorities ‘refusal to carry out, at the applicants’ expense, Intracytoplasmic Sperm Injection – an assisted reproduction procedure – on the applicant’s’s eggs due her being  43 […]

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Refusal to return a minor daughter to her father due to the danger of sexual abuse from her father’s friend. No violation of family life

JUDGMENT P.D. v. Russia 03.05.2022 (app. no. 30560/19) see here SUMMARY Hague Convention, international child abduction and exceptions to the general rule on the return of children. Minor’s best interests. The case concerned a alleged violation of the applicant’s right to family life when his partner removed their minor daughter from Switzerland, where they were […]

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Rejection of a request for contact rights vis-à-vis former spouse’s child: violation of the applicant’s right to respect for her private and family life

JUDGMENT Callamand v. France 07.04.2022 (app. no.  2338/20)  see here SUMMARY The case concerned the rejection of the applicant’s request for contact rights with her former spouse’s child, who had been conceived by medically assisted procreation. Having noted the existence of genuine personal links between the applicant and the child, which were protected by Article […]

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Refusal to recognize a legal relationship between a child and the biological partner’s ex-partner. No violation of private and family life

JUDGMENT C.E. and others v. France 24.03.2022 (app. no.  29775/18 and 29693/19)  see here SUMMARY The judgment concerned two cases. The first related to the rejection by the domestic courts of an application for full adoption of a child, made by the biological mother’s former partner. The second concerned the domestic courts’ refusal to issue […]

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The inability to execute an interim measure order and a court decision for the assignment of temporary and final custody violated the family life of a parent and a child

JUDGMENT Υ.Υ. and Υ.Υ. v. Russia 08.03.2022 (app. no. 43229/18) see here SUMMARY Obligation of the authorities to assist in the execution of custody decisions. Right to respect for family life. The plaintiffs, mother and son were alienated when the ex-husband and father of the child, without any right, abducted the child after school and […]

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οικογενειακή ζωή

Permanent deportation from Denmark and deprivation of citizenship to a member of a terrorist organization with dual citizenship. No violation of family life

JUDGMENT Johansen v. Denmark 03.03.2022 (app. no. 27801/19) see here SUMMARY The case concerned the stripping of the applicant’s Danish nationality following his conviction in 2017 for terrorism offences, in particular for having gone to Syria to join the “Islamic State”. The authorities also ordered his deportation from Denmark with a permanent ban on his […]

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ECHRCaseLaw
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