Children Archives

Separation between Roma and North Macedonian students by placing them in different schools. Unjustified discrimination and violation of the right to education

1st P - Article 2
14/12/2022 07:40

JUDGMENT Elmazova and others v. North Macedonia 13.12.2022 (app. no. 11811/20 and 13550/20) see here SUMMARY The case concerned alleged segregation between pupils of Roma and Macedonian ethnicity, who were predominantly placed in different schools in the cities of Bitola that belonged to the same catchment area, and allegedly in different classes in Shtip. The […]

Courts are required to expeditiously examine child custody cases. Issuing of a decision after 7 months. Violation of Article 8 of the ECHR

Article 8
10/12/2022 16:52

JUDGMENT Μ.Η. v. Poland 01.12.2022 (app. no. 73247/14) see here SUMMARY Children’s custody. Family life. Obligation of national courts to act with speed and diligence. The applicant claimed legal custody of her daughter when her husband moved out of their family home, without her knowledge and without her consent, together with their child. The initial divorce […]

Failure to strike a balance between the interests of children and that of the society to limit the commercial nature of adoption. Violation of children’s privacy

Article 8
07/12/2022 18:42

JUDGMENT Κ.Κ. and others v. Denmark 06.12.2022 (app. no. 25212/21) see here SUMMARY The case concerned the refusal to allow the applicant K.K. to adopt the applicants C1 and C2 (twins) as a “stepmother” in Denmark. The twins were born to a surrogate mother in Ukraine who was paid for her service under a contract […]

Prohibition of cohabitation of partners in the interest of the woman’s minor child from a previous marriage! Violation of respect for family life

Article 6 - Par. 1
28/11/2022 07:34

JUDGMENT N.V. and C.C. v. Malta 10.11.2022 (app. no. 4952/21) see here SUMMARY Cohabitation of couples in a stable relationship. Best interests of the child and positive obligations of the state for family reunification. The applicants are in a stable relationship and have one child. The partner has custody of her first child from a previous […]

The best interest of the children overrides the contact rights of the father when there is a risk to their safety! Violation of the family life

Article 8
24/11/2022 19:35

JUDGMENT Ι.Μ. and others v. Italy 10.11.2022 (app. no. 25426/20) see here SUMMARY The case concerned the allegation by the applicants (a mother and her two children) that the Italian State had failed in its duty to protect and assist them during contact sessions with the children’s father, a drug addict and alcoholic accused of […]

Removal of parental custody because the father was accused of sexually abusing his children did not violate the protection of family life. The best interest of the children comes first

Article 8
19/11/2022 07:24

JUDGMENT A and others v. Iceland 15.11.2022 (app. no. 25133/20 and 31856/20) see here SUMMARY The case concerned a couple’s loss of custody of their two children following accusations of sexual abuse. The accusations were against the father, who was prosecuted, but ultimately acquitted. The Court found in particular that the decision to deprive the […]

The authorities’ failure to monitor the conditions of the upbringing of a minor by a foster family. The statute of limitation of the claim starts from receipt of proof of damage. Sexual abuse of a minor

Article 3
07/11/2022 07:52

JUDGMENT Loste v. France 03.11.2022 (app. no. 59227/12) see here SUMMARY Authorities liability in case of fostering a minor. The case concerned an applicant who complained of failings by the child welfare service (ASE) regarding the follow-up of her placement with a foster family at the age of five. In support of her application she […]

Failure of national authorities to regulate the contact rights of a father with his adult son with Down syndrome. The two-year lack of communication violated the right to family life

Article 8
02/11/2022 07:49

JUDGMENT Bierski v. Poland 20.10.2022 (app. no. 46342/19) see here SUMMARY The applicant, a Polish national, had a son with his wife, who suffered from Down syndrome. After the couple’s divorce, the applicant’s contact with his son was limited. Due to the incapacity of the applicant’s son, a guardian was appointed until the age of […]

The procedures regarding the father’s communication with his minor child by the national courts lasted 4 years! Violation of family life

Article 8
03/10/2022 06:37

JUDGMENT Popadić v. Serbia 20.09.2022 (app. no. 7833/12) see here SUMMARY The applicant had legal disputes with his ex-wife and the mother of his child over the dissolution of their marriage and also over issues of communication with his child. After the separation of his parents, the child remained in his mother’s town, Kruševac, while […]

Refusal of the authorities to satisfy requests for the repatriation of children from Syria! Condemnation from the Court

Children
20/09/2022 06:29

JUDGMENT H.F. and others v. France 14.09.2022 (app. no. 24384/19 and 44234/02) see here SUMMARY The case concerned the refusal to grant the applicants’ requests for the repatriation by the French authorities of their daughters and grandchildren, who are being held in camps in north-eastern Syria run by the Syrian Democratic Forces (SDF). Before the […]

Children