Family life

Unreasonable length of procedures for the adoption of minor children. Violation of a fair trial

JUDGMENT Q and R v. Slovenia 08.03.2022 (app. no. 19938/20) see here SUMMARY The applicants, nationals of Slovenia, are the grandparents of W. and Z., whose mother (the applicants’ daughter) was allegedly murdered in 2015 by the children’s father. After the death of the mother, the children remained with their grandparents until they were removed […]

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The parent must be able to change the place of residence of his/her child when there is an emergency and the best interest of the latter requires it!

JUDGMENT Plazzi v. Switzerland 08.02.2022 (app. no. 44101/18) see here SUMMARY Impossibility of suspending the execution of an administrative act. Accommodation of a minor child. His best interest and urgency. Jurisdiction of a court after the transfer of the place of residence of a minor abroad. Right of access to court. In the Plazzi case, […]

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State refusal to provide a home nurse to an 85-year-old disabled person! Decisions concerning persons with disabilities must take into account their individual autonomy and independence

JUDGMENT Jivan v. Romania  08.02.2022  (app. no. 62250/19) see here SUMMARY Disabled persons. Positive obligations of the state. The applicant is 85 years old and has become disabled due to amputation of his leg, and is unable to support himself. He applied for an allowance to hire a home nurse. The domestic authorities rejected his […]

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Adoption procedure regarding a child without the right to communicate with her biological parents. Violation of respect for family life

JUDGMENT A.L. and others v. Norway (app. no. 45889/18) and E.M. and others v. Norway 20.01.2022 (app. no. 53471/17) see here SUMMARY The case concerned an alleged violation of the right to respect for family life of the applicant, who was also acting on behalf of her daughter, on account of the latter’s subsequent adoption. […]

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Insufficient reason regarding the adoption of a child without evidence of abuse or mental health problems of his parents! Violation of family life

JUDGMENT D.Μ. and Ν. v. Italy 20.01.2022 (app. no. 60083/19) see here SUMMARY The right to respect for family life of the applicant, who was also acting on behalf of her daughter, on account of the latter’s subsequent adoption. The Court pointed out that the fact that a child might benefit from being transferred into […]

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The refusal by a Christian-run bakery to make a cake with the words “Support Gay Marriage” and the QueerSpace logo on it. The application is inadmissible due to non-invocation of the articles of the ECHR in the domestic courts

JUDGMENT Lee v. the United Kingdom 06.01.2022 (app. no. 18860/19) see here SUMMARY Refusal to write on a cake a slogan in favor of same-sex marriage. Privacy, freedom of expression and non-discrimination. Invoking ECHR provisions explicitly or in substance in national courts. Inadmissible application. A bakery belonging to a Christian company refused the applicant to […]

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Adoption of a child from a foster family with different religious beliefs from the biological mother. Violation of respect for family life

GRAND CHAMBER JUDGMENT Abdi Ibrahim v. Norway 10.12.2021 (app. no. 15379/16) see here SUMMARY The case concerned the decision by the Norwegian authorities to allow the adoption of a child by a foster family against his mother’s wishes. The mother, a Somali national who had moved to Norway, did not ask for her son’s return […]

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Temporary placement of a child in an institution due to the aggravated mental health of the mother! Family life was not violated

JUDGMENT G.Μ. v. France 09.12.2021 (app. no. 25075/18) see here SUMMARY The case concerned the taking into care of the applicant’s child, then an infant, by the Child Welfare Authority, and the limitation of the applicant’s contact rights. The Court began by noting that the child’s placement with the Child Welfare Authority had been ordered […]

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Non-granting of Polish citizenship to the children of a same sex couple born through a surrogate mother! The Polish authorities did not violate the ECHR

JUDGMENT S.-Η. v. Poland 09.12.2021 (app. no. 56846/15 and 56849/15) see here SUMMARY The applicants’ parents are a same-sex couple, who in 2010 had the children conceived via a surrogacy agreement. The applicants were confirmed as children of their parents by the Superior Court of California. The case concerned their application for Polish citizenship (one […]

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The participation of a party in the hearing process via skype did not violate the fair trial! The parental responsibility was not granted to a father without any connection with his child! The right to family life was not violated

JUDGMENT Jallow v. Norway 02.12.2021 (app. no. 36516/19) see here SUMMARY  The applicant, Ebrima Pa Jallow, is a Gambian national who lives in Gambia. The case concerned proceedings in which he lodged an application to be granted parental responsibility for his child, living in Norway, following the child’s mother’s death. In particular, he had to […]

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