Children

Automatic imposition of surname order, paternal followed by maternal, when parents disagree, is discriminatory regarding the mother

JUDGMENT León Madrid v. Spain 26.10.2021 (app. no. 30306/13) see here SUMMARY The case concerned the applicant’s request to reverse the order of the surnames under which her minor daughter (born in 2005) was registered. At the relevant time Spanish law provided that in the event of disagreement between the parents, the child would bear […]

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Lack of jurisdiction to examine a lawsuit against the Holy See for the sexual abuse of children by Catholic priests. No violation of the right of court access

JUDGMENT J.C. and others v. Belgium 12.10.2021 (app. no. 11625/17) see here SUMMARY The case raised the question of the immunity of the Holy See from the jurisdiction of domestic courts. It concerned in particular an action for compensation brought by 24 applicants against the Holy See and against a number of leaders of the […]

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Unreasonable duration of a court dispute for communication and custody of a child that lasted 6 years! Violation of respect for family life

JUDGMENT Anagnostakis and others v. Greece 23.09.2021 (app. no. 46075/16) see here SUMMARY Access rights granted to the applicants, the father and grandparents of the child concerned (who was two years old when the application was lodged), and the length of various sets of proceedings in which the opposing party was the child’s mother. With […]

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Conviction of man for giving his three-year-old nephew a T-shirt, worn at nursery school, with the slogans “I am a bomb” and “Jihad, born on 11 September”: no violation of Article 10 of the Convention

JUDGMENT Ζ.Β. v. France 02.09.2021 (app. no. 46883/15) see here SUMMARY The conviction of Z.B. for glorification of wilful killing on account of slogans (“I am a bomb” and “Jihad, born on 11 September”) on a T-shirt he had given his nephew as a present for his third birthday. The boy had then worn the […]

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οικογενειακή ζωή

Judicial decisions on contact rights must be executed quickly. Non-execution of a contact decision for 7 years! Violation of family life!

JUDGMENT R.B. and M. v. Italy 22.04.2021 (app. no. 41382/19) see here SUMMARY Contact Right of parent-child, respect for family life and best interests of the child. The applicants, father and son, were deprived of their right of communication after the separation of the parents. Court rulings recognized the right to communicate and overnight but […]

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Detention of a mother, who was seeking asylum, together with her 4-month-old baby in a detention center for 11 days! Conviction for inhuman and degrading treatment!

JUDGMENT M.D. and A.D. v. France 22.07.2021 (app. no.  57035/18) see here SUMMARY Administrative detention of a mother and her four-month-old daughter in the Mesnil-Amelot no. 2 administrative detention centre pending their transfer to Italy, the country responsible for examining their application for asylum. Having regard to the very young age of the child, the […]

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Removal of tcontact rights from a parent undergoing gender reassignment! Violation of respect for family life and non-discrimination

JUDGMENT A.M. and others v. Russia 06.07.2021 (app. no. 47220/19) see here SUMMARY Gender reassignment of the father and right of communication with his children. Court decision to deprive a parent of the right to communicate with his children, because he underwent gender reassignment surgery. The ECtHR found that: a) there was no evidence of […]

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Acquittal of a man accused of sexually harassing his 4-year-old daughter for procedural omissions in the pre-trial! Condemnation from the Court!

JUDGMENT R.B. v. Estonia 22.06.2021 (app. no.  22597/16) see here SUMMARY Ineffective search for sexual abuse of a minor by her father. Testimony of a 4-year-old minor without being informed about her rights, as provided by the criminal procedure. Cancellation of deposition and acquittal of alleged perpetrator due to procedural errors. Right to privacy and […]

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Insufficient assessment of the existence of a “serious risk” for the return of a abducted child under the Hague Convention. Violation of family life

JUDGMENT Y.S. and O.S. v. Russia 15.06.2021(app. no. 17665/17) see here SUMMARY Child abduction. Insufficient assessment of the existence of a “serious risk” in the return of a abducted child under the Hague Convention to a conflict zone in eastern Ukraine. In this case, the child’s mother took the initiative to remove him, without the […]

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