Children

Adoption cannot be based primarily on the absence of a relationship between the biological mother and the child. Obligation of the state to take measures for the reunification of the biological family!

JUDGMENT
M.L. v. Norway 22.12.2020 (app. no. 64639/16)
Inadequacy of a mother to raise her child for psychological reasons. Removal of parental responsibility from the mother. Approval of adoption of her daughter by foster parents, to whom she was placed from the age of 9 days. The domestic authorities based the adoption decision, mainly on the absence of ties between the biological mother and daughter and on her attachment to the foster parents.
According to the ECtHR, although the relationship between the biological mother and daughter was very limited, the placement of the latter in a foster family when she was only 9 days old had left no room for them to develop any real relationship. The ECtHR also pointed out that the applicant’s very limited rights of communication with her daughter (four times a year, for 2 hours at a time) had been decided on the grounds that the parental decision was to be long-term. There was no indication that the domestic authorities had taken any real steps to reconsider the right of communication while the child was in a foster family.

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Expulsion of a forged foreigner and his separation from his partner and their 3 children. The gravity of the offense cannot outweigh the best interests of the children. Violation of respect for family life!

ΑΠΟΦΑΣΗ
Unuane κατά Ηνωμένου Βασιλείου της 24.11.2020 (αρ. προσφ.  80343/17)
Απέλαση αλλοδαπού που καταδικάστηκε για πλαστογραφίες αδειών παραμονής. Χωρισμός του με σύντροφο και τρία παιδιά. Δικαίωμα σεβασμού της οικογενειακής ζωής.
Ο προσφεύγων υπήκοος Νιγηρίας, διέμενε μόνιμα με την σύντροφο του και τα τρία παιδιά τους στο Ηνωμένο Βασίλειο. Απελάθηκαν οικογενειακώς, πλην του τρίτου παιδιού, για λόγους δημόσιας τάξης και ασφάλειας καθόσον οι δύο γονείς καταδικάστηκαν για πλαστογραφία αδειών διαμονής. Οι αιτήσεις ακύρωσης της συντρόφου και των δύο παιδιών έγιναν δεκτές από τα εγχώρια Δικαστήρια, σε αντίθεση με αυτή του προσφεύγοντα, η οποία απορρίφθηκε και εκείνος αναγκάστηκε να αποχωρήσει από το Ηνωμένο Βασίλειο. Άσκησε προσφυγή για παραβίαση του άρθρου 8.

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The best interest of the child prevails over the right to communication with his mother’s ex-partner!

JUDGMENT
Honner v. France 12.11.2020 (app. no. 19511/16)
The case concerned the refusal to award contact rights to the applicant in respect of the child which
had been born to her former partner in Belgium using assisted reproductive techniques while the
two women were a couple, despite the fact that the applicant had raised the child during his early
years.

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Non-participation of a minor in the trials between his parents for his custody. Violation of the right to respect for his family life

JUDGMENT C. v. Croatia 08.10.2020 (app. no. 80117/17) see here  SUMMARY Child care and best interests of the child. The applicant is a child of divorced parents. He appealed to the ECtHR, complaining of a violation of his right to respect for his family life (Article 8 of the Convention), because in his parents’ trials […]

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Termination of widow’s pension after the children came of age, because as a man is able to return to work. Violation of gender equality and family life

JUDGMENT Β. v. Switzerland  20.10.2020 ( app. no. 78630/12) see here SUMMARY The case concerned the widower’s pension to which the applicant had ceased to be entitled after his younger daughter had reached the age of majority. The Federal Law on Old-Age and Survivors’ Insurance provides that entitlement to a widower’s pension ends when the […]

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Presence of a student in an orthodox rite of blessing without the knowledge of his parents and contrary to his religious beliefs. Non-violation of the right to education and freedom of religion

JUDGMENT Perovy v. Russia  20-10-2020 (app.  47429/09) see here SUMMARY The case  concerned the Russian Orthodox rite of blessing in a classroom. The applicants in the case are a married couple (the first and second applicants) and their son (the third applicant) who are not members of the Russian Orthodox Church. They all alleged that […]

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Violation of the privacy of a man who claims to be the biological father of a child, after unsuccessful attempts to acknowledge his paternity

JUDGMENT Koychev v. Bulgaria 15.10.2020 (app. no. 32495/15) see here SUMMARY In this case, the applicant (Mr Koychev) claimed to be the biological father of a child born outside marriage, and complained of the fact that his actions to have his paternity recognised had been rejected on the grounds that the child had been recognised […]

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The exclusion of the non-biological father from communication with the child, with whom he had developed strong ties, violated the right to family life

JUDGMENT Fatkhutdinov v. Russia 29.09.2020  (App. no. 36335/18) see here SUMMARY Best interests of the child and parental care. Deprivation of parental care f a minor child by the applicant, who was deemed not to be his biological father, based on his refusal to undergo a DNA test and the testimony of a witness. The […]

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The conviction of a grandmother for disclosing already known publicly personal data of her orphaned granddaughter, violated the freedom of expression

JUDGMENT N.Š. v, Croatia 10.09.2020 (app, no. 36908/13) see here  SUMMARY Freedom of expression, personal data, best interests of the child and a fair balance between the competing interests of the individual and the community. The applicant claimed custody of her orphaned granddaughter when her daughter and son-in-law died in a car accident. She publicly […]

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Failure to provide of statutory specialised learning support to an autistic child in the first two years of primary school violated her right to education.

JUDGMENT G.L. v. Italy 10.09.2020 (app. no.  59751/15) see here SUMMARY The case concerned the inability for a young girl suffering from nonverbal autism (G.L.) to receive specialised learning support during her first two years of primary education (between 2010 and 2012) even though the support was provided for by law. The Government relied, in […]

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ECHRCaseLaw

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