Children Archives

Exclusion of a couple from in vitro fertilization because the woman was over 43 years old, violated their right to family life

Article 14
16/05/2022 08:12

JUDGMENT Lia v. Malta 05.05.2022 (app. no. 8709/20) see here SUMMARY In vitro fertilization, interpretation and application of the relevant law without the required predictability. The case concerned the authorities ‘refusal to carry out, at the applicants’ expense, Intracytoplasmic Sperm Injection – an assisted reproduction procedure – on the applicant’s’s eggs due her being 43 […]

Execution of a court decision to return the child to the father. No violation of the right to respect for family life!

Article 8
13/05/2022 19:47

JUDGMENT X. v. the Czech Republic 12.05.2022 (app. no. 64886/19) see here SUMMARY The applicant, X., is a Czech national born in 1980 and lives in the United States. The case essentially concerns the execution by the Czech courts of their decision to return the applicant’s daughter to the United States to her father under […]

Refusal to return a minor daughter to her father due to the danger of sexual abuse from her father’s friend. No violation of family life

Article 8
06/05/2022 06:50

JUDGMENT P.D. v. Russia 03.05.2022 (app. no. 30560/19) see here SUMMARY Hague Convention, international child abduction and exceptions to the general rule on the return of children. Minor’s best interests. The case concerned a alleged violation of the applicant’s right to family life when his partner removed their minor daughter from Switzerland, where they were […]

Exceptional lenght of the paternity recognition process! Violation of the respect for private and family life

Article 8
15/04/2022 06:45

JUDGMENT A. L. v. France 07.04.2022 (app. no. 13344/20) see here SUMMARY The case concerned the compatibility with the right to respect for private life (Article 8 of the Convention) of the domestic courts’ refusal to legally establish the applicant’s paternity vis-à-vis his biological son – who had been born in the framework of a […]

Rejection of a request for contact rights vis-à-vis former spouse’s child: violation of the applicant’s right to respect for her private and family life

Article 14
14/04/2022 07:14

JUDGMENT Callamand v. France 07.04.2022 (app. no. 2338/20) see here SUMMARY The case concerned the rejection of the applicant’s request for contact rights with her former spouse’s child, who had been conceived by medically assisted procreation. Having noted the existence of genuine personal links between the applicant and the child, which were protected by Article […]

Brutal murder of a one-year-old child by his father! Domestic violence. Condemnation for failure of the authorities to protect the victims!

Article 14
11/04/2022 06:55

JUDGMENT Landi v. Italy 07.04.2022 (app. no. 10929/19) see here SUMMARY In the present case Ms Landi alleged that the Italian State had failed to take the requisite action to protect her and her two children from the domestic violence inflicted by her partner, which had led to the murder of her one-year-old son and […]

Refusal to recognize a legal relationship between a child and the biological partner’s ex-partner. No violation of private and family life

Article 8
04/04/2022 07:38

JUDGMENT C.E. and others v. France 24.03.2022 (app. no. 29775/18 and 29693/19) see here SUMMARY The judgment concerned two cases. The first related to the rejection by the domestic courts of an application for full adoption of a child, made by the biological mother’s former partner. The second concerned the domestic courts’ refusal to issue […]

The administrative detention of a minor for 14 days is inhuman treatment! The protection of the minor outweighs the illegality of his parents!

Article 3
01/04/2022 09:00

JUDGMENT N.B. and others v. France 31.03.2022 (app. no. 49775/20) see here SUMMARY Administrative detention of an eight-year-old minor alien. Obligation of the authorities to protect against any inhuman treatment, especially due to its vulnerability. The case concerned the administrative detention of the applicants, two parents and their 8-year-old minor, pending their removal from France. […]

The inability to execute an interim measure order and a court decision for the assignment of temporary and final custody violated the family life of a parent and a child

Article 8
14/03/2022 07:12

JUDGMENT Υ.Υ. and Υ.Υ. v. Russia 08.03.2022 (app. no. 43229/18) see here SUMMARY Obligation of the authorities to assist in the execution of custody decisions. Right to respect for family life. The plaintiffs, mother and son were alienated when the ex-husband and father of the child, without any right, abducted the child after school and […]

TV interview of a minor without the consent of her parents. The right to respect for privacy has been violated

Article 8
01/03/2022 18:47

JUDGMENT I.V.Ț. v. Romania 01.03.2022 (app. no. 35582/15) see here SUMMARY The case concerned a television interview a minor, without parental consent or adequate measures to protect her identity. The interview, which concerned the death of a schoolmate, had resulted in her being bullied and had caused her emotional stress. The Court found in particular […]

Children