Children

The violent arrest and beating of her father by the police in front of the eyes of the nine-year-old daughter constitutes inhuman and degrading treatment against the minor!

JUDGMENT Α. v. Russia 12.11.2019 (no.  37735/09) see here SUMMARY The case concerned the applicant’s allegation that she had been traumatised by witnessing her father’s violent arrest by the police when she was nine years old. The Court found that the applicant’s allegations were credible, but that the authorities’ only response had been to carry […]

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The delay in reconnecting mother and daughter was mandated by a court investigation after allegations of sexual abuse. No violation of family life.

JUDGMENT  Stankūnaitė v. Lithuania 29.10.2019 ( no.  67068/11) see here  SUMMARY  The case concerned complaints by the applicant about care decisions related to her daughter and delays in reuniting them. The Court found in particular that the authorities had acted with the requisite diligence in the care proceedings: they had had first to wait for […]

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Failure to execute a decision regaridng the mother’s custody of her children until they reach adulthood! The inactivity of the state violated family life

JUDGMENT Milovanović v. Serbia 08.10.2019  (no. 56065/10) see here  SUMMARY,  Child custody. Failure to execute a decision and state responsibilities. Violation of family life. Violation of fair trial the unreasonable length of the proceedings before the Constitutional Court. The national courts irrevocably granted the exclusive custody of the two minor children to the applicant’s mother, whom […]

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Detention conditions in a migrant center in Turkey for a mother and her three young children. Conviction by the Court.

JUDGMENT G.B. and others v. Turkey 17.10.2019 (no. 4633/15) see here  SUMMARY The case concerned the immigration detention of a mother and her three young children pending their deportation from Turkey. They had been released after nearly four months following a series of challenges about the lawfulness of their detention before the domestic courts. The […]

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The authorities’ inactivity to enforce a judgment on parental authority for the mother and the subsequent absurd reasoning of the courts for parental deprivation violated the right to family life.

JUDGMENT Zelikha Magomadova v. Russia 08.10.2019 (no.58724/14) see here  SUMMARY The case concerned a widow being denied access to her six children by her in-laws in defiance of court orders and the authorities’ decision to withdraw her parental authority. Ms Magomadova was forcibly separated from her children by her brother-in-law in 2010. The children remained […]

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The applicant was not aware of the other party’s allegations to respond them in hers child custody case law. Violation equality of arms.

JUDGMENT Andersena v. Latvia of 19.09.2019 (no. 79441/17) see here SUMMARY Adversarial proceedings, equality of arms and the right to family life. The applicant moved from the family home with her daughter to another country. The father filed a lawsuit and won the child’s return to his place of residence. In the proceedings before the Court, the applicant […]

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Unfair interventions in schools violated the basic rights of students, parents and teachers in education, privacy and personal freedom.

JUDGMENT Iovcev and others v. the Republic of Moldova and Russia 17.09.2019 (no. 40942/14) see here SUMMARY Teacher intimidation and illegal investigations of students by the “MRT”, directed by the Russian Federation. The applicants are five students, three parents and 10 members of the Romanian / Moldavan language school in Moldova. The “MRT”, which is  in economic  […]

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National courts in child custody cases must take into account evidence presented by a party and carry out a thorough examination of the family situation. Violation of family life.

JUDGMENT  Širvinskas v. Lithuania 23.07.2019 (no. 21243/17) see here  SUMMARY Interest of the child and arrangement of his residence in the event of divorce of his/her parents. The applicant had a daughter with his former wife. Because of personal reasons their marriage ended. The mother did not comply with the original settlement agreement of joined custody […]

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Cases involving parent-child relationships must be handled quickly and with extreme care. The 10-year-long court process for parental custody of two minor children violated the right to family life.

JUDGMENT R.V. and others v. Italy 18.07.2019 (no. 37748/13) see here SUMMARY  Parents’ inadequacy, parental care and foster family. The applicant, following a complaint from a relative, found it unsuitable for bringing up two children aged just 1 and 3 years respectively. The procedures for taking care of children have been made long and complicated. […]

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The state has taken adequate measures to investigate allegations of child sexual abuse. No violation of the ECHR.

JUDGMENT  Α and Β v. Croatia 20-06-2019 (no. 7144/15) see here SUMMARY  Complaint about inaction by the Croatian authorities in allegations of sexual abuse of children. The Court noted that the authorities had taken measures to address conflicting claims of a situation involving complaints from a mother about the sexual abuse of her child by […]

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