Children

Unreasonable length of procedures for the adoption of minor children. Violation of a fair trial

JUDGMENT Q and R v. Slovenia 08.03.2022 (app. no. 19938/20) see here SUMMARY The applicants, nationals of Slovenia, are the grandparents of W. and Z., whose mother (the applicants’ daughter) was allegedly murdered in 2015 by the children’s father. After the death of the mother, the children remained with their grandparents until they were removed […]

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The parent must be able to change the place of residence of his/her child when there is an emergency and the best interest of the latter requires it!

JUDGMENT Plazzi v. Switzerland 08.02.2022 (app. no. 44101/18) see here SUMMARY Impossibility of suspending the execution of an administrative act. Accommodation of a minor child. His best interest and urgency. Jurisdiction of a court after the transfer of the place of residence of a minor abroad. Right of access to court. In the Plazzi case, […]

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Inability to take measures to suspend the execution of an administrative decision to change the place of residence of a child. Violation of access to court!

JUDGMENT Roth v. Switzerland 08.02.2022 (app. no. 69444/17) see here SUMMARY Possibility of suspending the execution of an administrative act. Jurisdiction of a court after the transfer of the place of residence of a minor abroad. Right of access to court. In the Roth case, the Child and Adult Protection Authority (APEA) approved the transfer […]

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Adoption procedure regarding a child without the right to communicate with her biological parents. Violation of respect for family life

JUDGMENT A.L. and others v. Norway (app. no. 45889/18) and E.M. and others v. Norway 20.01.2022 (app. no. 53471/17) see here SUMMARY The case concerned an alleged violation of the right to respect for family life of the applicant, who was also acting on behalf of her daughter, on account of the latter’s subsequent adoption. […]

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Temporary placement of a child in an institution due to the aggravated mental health of the mother! Family life was not violated

JUDGMENT G.Μ. v. France 09.12.2021 (app. no. 25075/18) see here SUMMARY The case concerned the taking into care of the applicant’s child, then an infant, by the Child Welfare Authority, and the limitation of the applicant’s contact rights. The Court began by noting that the child’s placement with the Child Welfare Authority had been ordered […]

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Non-granting of Polish citizenship to the children of a same sex couple born through a surrogate mother! The Polish authorities did not violate the ECHR

JUDGMENT S.-Η. v. Poland 09.12.2021 (app. no. 56846/15 and 56849/15) see here SUMMARY The applicants’ parents are a same-sex couple, who in 2010 had the children conceived via a surrogacy agreement. The applicants were confirmed as children of their parents by the Superior Court of California. The case concerned their application for Polish citizenship (one […]

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The participation of a party in the hearing process via skype did not violate the fair trial! The parental responsibility was not granted to a father without any connection with his child! The right to family life was not violated

JUDGMENT Jallow v. Norway 02.12.2021 (app. no. 36516/19) see here SUMMARY  The applicant, Ebrima Pa Jallow, is a Gambian national who lives in Gambia. The case concerned proceedings in which he lodged an application to be granted parental responsibility for his child, living in Norway, following the child’s mother’s death. In particular, he had to […]

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Ineffective investigation into the death of a 10-year-old boy after a fight at school. Violation of the procedural part of the right to life

JUDGMENT Derenik Mkrtchyan and Gayane Mkrtchyan v. Armenia 30.11.2021 (app. no. 69736/12) see here SUMMARY Failure of the school authorities to prevent the death of a 10-year-old boy inside the school and ineffective investigation of the case. The applicants relied on the right to life and the right to a fair trial, in particular, alleging […]

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Return of child to Thailand, ordered by Switzerland in international child abduction case, did not violate the Convention

JUDGMENT S.Ν. and Μ.Β.Ν. v. Switzerland 23.11.2021  (app. no. 12937/20) see here SUMMARY The case concerned the return of the daughter (M.B.N.) of the first applicant (S.N.) to Thailand (where the father, a French national, lives) ordered by the Swiss courts in an international child abduction case. The Court found that, in proceedings which had […]

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The right to family life of a father who initially claimed only the custody and contact rights and not the return of his son under the Hague Convention was not violated

JUDGMENT Kupás v. Hungary 28.10.2021 (app. no.  24720/17) see here SUMMARY Best interests of the child in cases of “abduction” by the other parent The Court reiterated the basic fundamental principle that there is a broad consensus – including international law – in all decisions relating to children, that the best interests of the child […]

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