Children

Detention of minor asylum seekers after declaring that they were minors. Violation of personal liberty

JUDGMENT M.H. and S.B v. Hungary 22.02.2024 (app. no. 10940/17 and 15977/17) see here SUMMARY The applicants entered Austria and applied for asylum. They were detained for 3 months despite being minors. The applicants’ initial statements that they were adults could not justify the rejection of their claim that they were minors without taking appropriate […]

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Constitutional court with an illegitimate composition banned abortion for a woman whose fetus was diagnosed with Down Syndrome. Violation of privacy

JUDGMENT M.L. v. Poland 14.12.2023 (app. no. 40119/21) see here SUMMARY The applicant alleged in particular that she had been banned from having access to a legal abortion in the case of foetal abnormalities, following a 2020 Constitutional Court judgment. She had become pregnant and the foetus was diagnosed with trisomy 21. A scheduled hospital […]

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Failure of the authorities to take measures to implement court decisions on father-son communication. Violation of the right of respect for family life

JUDGMENT Tóth v. Hungary 19.10.2023 (app. no. 8324/18) see here SUMMARY After the dissolution of the applicant’s marriage with the child’s mother, the father’s contact with the child was determined by private agreement. However, the mother breached the agreement by interrupting the child’s summer vacation with the father in August 2016. In subsequent meetings that […]

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Courts while examining communication rights, custody and domestic violence cases must conduct a thorough inquiry into the best interests of the children

JUDGMENT Luca v. Moldova (app. no. 55351/17) and Bîzdîga v. Moldova (app. no. 15646/18) 17.10.23 see here SUMMARY  Ms Luca’s case concerned allegations that the authorities had failed to protect her from domestic violence – which on one occasion had led to eight days’ hospitalisation – and to help her maintain her relationship with her […]

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οικογενειακή ζωή

Refusal of family reunification request for aliens who received assistance from social welfare. Violation of family life

JUDGMENT B.F. and others v. Switzerland 04/07/2023 (app. no. 13258/18, 15500/18, 57303/18 and 9078/20) see here SUMMARY The applicants entered Switzerland at different points in time between 2008 and 2012 and were recognised as refugees within the meaning of the 1951 United Nations Convention relating to the Status of Refugees. They were granted provisional admission […]

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The state’s failure to prosecute for domestic violence against a minor by her partner. Conviction for degrading treatment

JUDGMENT A.E. v. Bulgaria 23.05.2023 (app.  no. 53891/20) see here SUMMARY  The case concerned complaints brought to prosecutors in Bulgaria that Ms A.E., then aged just 15, had been a victim of domestic abuse, including being beaten, kicked and strangled, by the 23-yearold man with whom she was living. The Court found in particular that […]

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The record in the birth certificate, of a transgender parent as the father despite her gender change to female. Non-infringement of private and family life

JUDGMENT A.H. and others v. Germany 04.04.2023 (app. no. 7246/20) see here SUMMARY The case concerned three applicants, the first of whom is a transgender parent (A.H.), who complained that the civil registration authorities had refused to record the first applicant in the register of births as mother of the third applicant (L.D.H.) on the […]

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