Children

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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Rejection of a hearing-impaired Roma student’s request to enroll in a school that served his needs! Violation of the right to education

JUDGMENT Szolcsán v. Hungary 30.03.2023 ( app. no. 24408/16) see here SUMMARY The case concerned the applicant’s education in a primary school that was almost exclusively attended by Roma children. Hisrequest to be transferred to anotherschool in a neighbouring town wasrejected because he did not live in the school’s catchment area. However, he claims that […]

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Excessive length of proceedings regarding contact arrangements between father and his child. Conviction by the ECHR

JUDGMENT OMELCHENKO v. UKRAINE 23.03.2023 (app. no. 44158/19) see here SUMMARY Excessive length of proceedings regarding contact arrangements between the applicants and the second applicant’s travel abroad, and the alleged absence of an effective remedy in this regard. The applicants are father and son. On 4 November 2013 the first applicant initiated proceedings against O., […]

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οικογένεια

Restriction on remand prisoner’s family visits with wife and daughter, in order not to obstruct the criminal investigation! Violation of respect for family life

JUDGMENT DELTUVA v. LITHUANIA 21.03.2023 (app. no. 38144/20) see here  SUMMARY Restrictions on prisoner’s personal and family life. Protection of family life. The applicant was remanded in custody on suspicion of drug trafficking. During the first nine months of his detention, he was allowed to see his wife and ten-year-old daughter only once. Domestic authorities […]

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Failure of the authorities to implement a court’s judgment, setting out contact arrangements between the applicant and his daughter. Violation of respect for family life

JUDGMENT DUBAS v. UKRAINE 09.03.2023 (app. no. 51222/20) see here SUMMARY Failure of the authorities to implement a judgment given by the Kyiv Court of Appeal on 12 July 2018, setting out contact arrangements between the applicant and his daughter, who was born in 2013 and had been living separately from him since July 2016. […]

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δίκαιη δίκη

Criminal courts’ failure to assess applicant’s specific and important arguments. Violation of fair trial

JUDGMENT CUPIAŁ v. POLAND 09.03.2023 (app. no. 67414/11) see here  SUMMARY The applicant was accused of the psychological abuse of his children by means of subjecting them to allegedly excessive religious practices and he was sentenced to one year’s imprisonment. Particularly, he used to wake the children up at night and force them to pray, […]

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Unreasonable delays in the execution of a court decision for contact between father and daughter. Violation of respect for family life

JUDGEMENT HORVATOVICH v. HUNGARY 09.03.2023 (app. no. 12141/16) see here SUMMARY Failure of the Hungarian authorities to enforce decisions in relation to his contact rights with his daughter. The applicant’s marriage with A. was dissolved and the national courts approved the parties’ agreement about custody rights concerning the couple’s daughter, B. The Budapest Guardianship Authority” […]

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Transfer of a child from the USA to Cyprus without the father’s permission. Hague Convention and return of the child to the USA. No violation of family life

JUDGEMENT  G. K. vs CYPRUS 21.02.2023 (app. no. 16205/21) see here SUMMARY Domestic courts’ order for return of child from Cyprus to the USA under the Hague Convention. The applicant moved back to Cyprus with her one-year-old child, without letting the father know. Custody exercised jointly by both parents prior to removal. Thorough examination of […]

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Death of a child due to medical negligence. Inability to file a claim for compensation. Violation of right to life

JUDGMENT Stepanyan v. Armenia 24.01.2023 (app. no. 12105/13) see here SUMMARY The applicant’s daughter, M. Stepanyan was diagnosed with acute intestinal infection, gastroenteritis and toxicosis with exicosis and placed her in the intensive therapy room while she was at the Abovyan Medical Centre. Responsible for the diagnosis was Dr H.A. The expert panel report received […]

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