Children

Abduction of a child by her mother. Non-implementation of the Hague Convention by national courts. Violation of the father’s right to family life

JUDGMENT Michnea v. Romania 07.07.2020 (no.  10395/19) see here  SUMMARY Hague Convention, Brussels Regulation, child custody and best interests of the child. The applicant, a Romanian national, lives in Italy where he and his Romanian wife had a daughter. Without his consent, the wife moved with her child to Romania. The domestic courts rejected the […]

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Prohibition of entry into Switzerland for 7 years of a convicted of drugs did not violate his family life

JUDGMENT Κ.Α. v. Switzerland 07.07.2020 (ap. no. 62130/15) see here SUMMARY The case concerned the dismissal of the applicant’s request for an extension of his residence permit and the order imposing a temporary prohibition on entry to Switzerland, issued against him following his criminal conviction for a drug-related offence. The applicant was expelled from Switzerland, […]

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Child protection associations. Autonomous de facto right to represent abused children for recourse before the ECtHR

JUDGMENT Association Innocence en Danger and Association Enfance et Partage v. France 04.06.2020 (no. 15343/15 and 16806/15) see here SUMMARY The case concerned the death in 2009 of an eight-year-old girl (M.) as a result of abuse by her parents. The applications were lodged by two French child protection associations. The Court found that the “report […]

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The birth certificate, which implied that the child had not been baptized, violated the family’s right not to disclose their religious beliefs.

JUDGMENT Stavropoulos and others v. Greece 25.06.2020 (no. 52484/18) see here SUMMARY The case concerned the practice of certain registry offices in Greece indicating on birth certificates when a child is named by a civil act. Stavroula-Dorothea Stavropoulou and her parents, the applicants in the case, complained in particular that the handwritten note “naming” on […]

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Adoption of a child without the consent of the mother. Violation of family life. The Court calls for the restoration of the biological mother-child communication!

JUDGMENT Omorefe v. Spain 23.06.2020 (no. 69339/16) see here SUMMARY The case concerned the placement in foster care and subsequent adoption of a child and the inability of the biological mother to retain contact with him. In 2009 the applicant, Ms Omorefe, asked for her son (born in 2008) to be taken into care by […]

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Refusal to reopen paternity proceedings dating back 40 years breached the private life of the son

JUDGMENT Boljević v. Serbia 16.06.2020 (no. 47443/14) see here  SUMMARY The case concerned the domestic courts’ refusal to reopen paternity proceedings dating to the 1970s because they were time-barred. The applicant alleged that that decision had denied him the opportunity to prove his origins via modern DNA testing methods. The Court found that, although time-limits […]

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Complaint of rape of a minor. Inadequate investigation and prosecution of a man accused of a more heinous crime than rape violated the procedural part of privacy and the prohibition of humiliating treatment.

JUDGMENT Z v. Bulgaria 28.05.2020  (no.  39257/17) see here  SUMMARY Ineffective judicial inquiry into vulnerable groups. Procedural part of prohibition of inhuman and degrading treatment and respect for privacy. The applicant, a 13-year-old minor, complained to the competent prosecutor’s office that she had been raped by a friend of hers. He provided details and was […]

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Child custody and two different decisions of two different states! Involvement of the CJEU, ECtHR, Italy and Romania!

JUDGMENT S.L. and A.L. v. Italy  04.06.2020 (no. 896/16) see here   SUMMARY The case concerned child custody proceedings between parents of different nationalities (Italian and Romanian). In 2009 the first applicant’s wife brought divorce proceedings, seeking custody of her son, in the Romanian courts, while judicial separation and custody proceedings, brought by the applicant in […]

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The execution of a court decision for the delivery of a minor child by one parent to another consists of a state obligation!

JUDGMENT Gubasheva and Ferzauli v. Russia 05.05.2020 (no. 38433/17)  see here   SUMMARY Execution of court decisions by the domestic authorities and the responsibility of the state. The first applicant, acting for herself individually but also on behalf of her minor daughter and the second applicant, applied for custody after her divorce from her husband, who […]

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The sentencing decision, which was based not only on the testimony of a minor witness but also on other evidence, did not violate the overall legal nature of the criminal proceedings.

JUDGMENT P. v. Greece 14.05.2020 (no. 78085/12) see here SUMMARY Right to hear a defendant accused of sexually abusing his son. Right of examination of witnesses. Complaint before the ECtHR about the reading by the national courts of the child’s testimony before the Investigator, which confirmed the sexual abuse. According to the applicant, the testimony […]

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