Family life Archives

Post mortem examination and extensive removal of organs of a dead newborn without the consent of the mother! Violation of family life and religious freedom

Article 8
20/07/2021 18:48

JUDGMENT Polat v. Austria 20.07.2021 (app. no. 12886/16) see here SUMMARY Medical operations without consent even after death. Medical research. Right to family life and freedom of religion. The applicant with Muslim religious beliefs gave birth to a boy who died 2 days after birth. She was informed by the hospital authorities about the need […]

Refusal to renew the residence permit of a long-term immigrant with family due to non-presentation of a medical certificate. Violation of family life

Article 8
19/07/2021 19:45

JUDGMENT Khachatryan and Konovalova v. Russia 13.07.2021 (app. no. 28895/14) see here SUMMARY Family life, public health and alien residence permit. Refusal to renew the residence permit of a long-term legal immigrant with a spouse and child in Russia, due to the failure to provide a medical certificate that he is not infected with HIV […]

Rejection of men’s application for parental leave constitutes gender discrimination and violates family life!

Article 14
14/07/2021 19:49

JUDGMENT Gruba and others v. Russia 06.07.2021 (app. no. 66180/09, 30771/11, 50089/11 and 22165/12) see here SUMMARY Universal right to parental leave regardless of gender. Refusal to grant parental leave to men. Gender discrimination. Family life. Involvement of a prosecutor in a civil trial. Violation of equality of arms. The four applicants are male police […]

The absence of a legal framework for the official recognition of same-sex couples violated their right to respect for their private and family life!

Article 8
13/07/2021 19:08

JUDGMENT Fedotova and others v. Russia 13.07.202 ( app. no. 40792/10, 30538/14 and 43439/14) see here SUMMARY Refusal to register the notice of marry from Russia because the couples were same-sex. Private and family life. The ECtHR found that Russia had an obligation to ensure that the applicants’ privacy and family life were respected, providing […]

Refusal of Syrian family reunion with his wife because he did not have a residence permit in Denmark for at least 3 years. Violation of family life

Article 8
12/07/2021 20:06

JUDGMENT M.A. v. Denmark 9.7.2021 (app. no. 6697/18) see here SUMMARY Right to family reunification and foreigners. Requirement of residence permit in Denmark for three years before the family reunification of a Syrian with his wife is ordered. The applicant left Syria in January 2015 and sought asylum in Denmark in April of that year, […]

Removal of tcontact rights from a parent undergoing gender reassignment! Violation of respect for family life and non-discrimination

Article 14
06/07/2021 19:46

JUDGMENT A.M. and others v. Russia 06.07.2021 (app. no. 47220/19) see here SUMMARY Gender reassignment of the father and right of communication with his children. Court decision to deprive a parent of the right to communicate with his children, because he underwent gender reassignment surgery. The ECtHR found that: a) there was no evidence of […]

Ill-treatment of Avars by Chechens who were abducted, illegally detained, beaten and some of them disappeared. Violation of important rights of the ECHR

1st P - Article 1
28/06/2021 19:08

JUDGMENT Adzhigitova and others v. Russia 22.06.2021 (app. no. 40165/07 and 2593/08) see here SUMMARY In retaliation for an investigated violent incident, Chechen soldiers stormed Avar homes, abducted many of them, took them to public places, and mistreated them. Some of them disappeared after the end of the operation. The Court found that racial prejudice […]

Acquittal of a man accused of sexually harassing his 4-year-old daughter for procedural omissions in the pre-trial! Condemnation from the Court!

Article 3
27/06/2021 18:11

JUDGMENT R.B. v. Estonia 22.06.2021 (app. no. 22597/16) see here SUMMARY Ineffective search for sexual abuse of a minor by her father. Testimony of a 4-year-old minor without being informed about her rights, as provided by the criminal procedure. Cancellation of deposition and acquittal of alleged perpetrator due to procedural errors. Right to privacy and […]

Insufficient assessment of the existence of a “serious risk” for the return of a abducted child under the Hague Convention. Violation of family life

Article 8
20/06/2021 09:47

JUDGMENT Y.S. and O.S. v. Russia 15.06.2021(app. no. 17665/17) see here SUMMARY Child abduction. Insufficient assessment of the existence of a “serious risk” in the return of a abducted child under the Hague Convention to a conflict zone in eastern Ukraine. In this case, the child’s mother took the initiative to remove him, without the […]

Communication between a father and his daughter limited to 12 hours a year at the child’s residence in the presence of the mother! Violation of respect for family life!

Article 8
14/06/2021 19:34

JUDGMENT Nechay v. Russia 25.05.2021 (app. no. 40639/17) see here SUMMARY Right of father-child communication. A court decision limited communication to 12 hours per year and stipulated that meetings must take place at the child’s place of residence in another country and in the presence of his mother. According to the ECtHR, the decision to […]

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