Children

Failure to provide care for an unaccompanied foreign minor, aged 12, in the “lande de Calais” shanty town was in breach of the Convention

JUDGMENT Khan v. France 28.02.2019 (no. 12267/16) see here SUMMARY The case concerned the failure by the French authorities to provide an unaccompanied foreign minor with care before and after the dismantling of the makeshift camps set up in the southern section of the “lande de Calais” (“Calais heath”). Large numbers of people hoping to […]

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Unacceptable and humiliating treatment of unaccompanied minors by Greek state authorities and illegal deprivation of their liberty. Violations of Greece

JUDGMENT H.A. and others v. Greece 28.02.2019 (no. 19951/16) see here SUMMARY The case concerned the placement of nine migrants, unaccompanied minors, in different police stations in Greece, for periods ranging between 21 and 33 days. The migrants were subsequently transferred to the Diavata reception centre and then to special facilities for minors. The Court found, […]

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Children’s refusal to return to their mother and their manipulation by the father does not exempt the authorities from taking the necessary measures to restore family ties. Failure to enforce judgments for custody violates the right to family life.

JUDGMENT  R.Ι. and others v. Romania 4.12.2018 (no. 57077/16) see here SUMMARY  The case concerned a woman who was given custody of her two children but who was not able to enforce the orders, which left the children with the father. While accepting that the authorities had been placed in a difficult position given opposition […]

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The 13-year-old child has the right to choose with whom he will stay and who will have his custody. Assignment of custody to grandparents after the death of the mother and not to the indifferent father is compatible with the ECHR

JUDGMENT Khusnutdinov and X. v. Russia  18.12.2018 (no. 76598/12) see here   SUMMARY The case concerned a child residence dispute. The Court reiterated that as soon as children become mature, the courts should give due weight to their views and feelings and to their right to respect for their private life. Given that Mr Khusnutdinov’s […]

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Death of a three-year-old girl from meningitis that she got in the kindergarten and the examination of the Court

JUDGMENT Plotnikov v. Russia  20.12.2018 (no. 74971/10) see here SUMMARY The case concerned the death of the applicant’s daughter from a meningitis infection and his complaint of the lack of an effective investigation. The Court found that there was no evidence to suggest that the Russian authorities had not met their obligation under Article 2 […]

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Non-execution of a custody decision. The State bears the responsibility and must take all necessary measures to restore family ties

JUDGMENT R.Ι. and others v. Romania 4.12.2018 (no.  57077/16) see here   SUMMARY  The case concerned a woman who was given custody of her two children but who was not able to enforce the orders, which left the children with the father. While accepting that the authorities had been placed in a difficult position given opposition […]

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The parent can not be able to take measures that could harm his/her child. The removal of parental rights from a schizophrenic mother.

JUDGMENT  S.S. v. Slovenia 30.10.2018 (no.40938/16) see here SUMMARY Parental rights and schizophrenia. Removing parental rights from a mother suffering from schizophrenia and the then adoption of the child. According to the national courts, despite her psychological problems, there was no realistic chance that the applicant would take care of her daughter diligently. She complained […]

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