Children Archives

Communication between a father and his daughter limited to 12 hours a year at the child’s residence in the presence of the mother! Violation of respect for family life!

Article 8
14/06/2021 19:34

JUDGMENT Nechay v. Russia 25.05.2021 (app. no. 40639/17) see here SUMMARY Right of father-child communication. A court decision limited communication to 12 hours per year and stipulated that meetings must take place at the child’s place of residence in another country and in the presence of his mother. According to the ECtHR, the decision to […]

Rejection of an application for fostering and adoption, because the foster father was convicted of sexual abuse of minors. Non-violation of the right to family life

Article 6 - Par. 1
28/05/2021 19:28

JUDGMENT Jessica Marchi v. Italy 27.05.2021 (app. no. 54978/17) see here SUMMARY The case concerned the decision of the Juvenile Court to terminate the pre-adoption placement of a child that the applicant had temporarily fostered. The decision had been taken following the arrest of her husband on charges of child pornography and sexual abuse of […]

A father shot dead his 8-year-old child in front of social workers during a session. Non-violation of the right to life due to effective investigation

Article 8
19/05/2021 19:35

JUDGMENT Penati v. Italy 11.05.2021 (app. no. 44166/15) see here SUMMARY Murder of an eight-year-old child by his father during their communication, under the supervision of social workers. Right to life and obligation of the state to prevent any tolerance for illegal acts or synergy in their commission. The applicant’s son, aged 8, was killed […]

Refusal to recognize a couple of women as parents of a child born through a surrogate mother. Non-violation of the right to respect for family life

Article 8
18/05/2021 19:19

JUDGMENT Valdís Fjölnisdóttir and others v. Iceland 18.5.2021 (app. no. 71552/17) see here SUMMARY The case concerned the refusal to recognise a parental link between Ms Fjölnisdóttir and Ms Agnarsdóttir and X. The latter had been born to them via a surrogate mother in the United States, but neither of the first two applicants is […]

Verbal abuse of a student by a teacher with the words “a moron, an idiot, a fool ” in front of his classmates! Violation of privacy

Article 8
26/04/2021 18:10

JUDGMENT F.O. v. Croatia 22.04.2021 (app. no. 29555/13) see here SUMMARY Harassment of a student in a public school by a teacher and the right to protection by the state. Respect for privacy. A high school student was verbally harassed by a math teacher during class in front of all his classmates. He was described […]

Withdrawal of treatment of a 5-year-old girl who was in a coma, due to the lack of prospects of improvement, did not violate her right to life, nor the right to privacy of herself and her mother.

Article 2
22/04/2021 17:07

JUDGMENT Parfitt v. the United Kingdom 21.4.2021 (no. 18533/21) see here SUMMARY Withdrawal of treatment for a five-year-old girl, who was in a permanent coma. Her mother complained that any interruption in her treatment that would keep her alive would violate her daughter’s rights and that national courts that ruled otherwise did not take sufficient […]

VACCINES AND THE EUROPEAN COURT OF HUMAN RIGHTS. QUESTIONS AND ANSWERS FROM THE COURT

Children
09/04/2021 13:56

GRAND CHAMBER DECISION Vavřička and others v, the Czech Republic 08.04.2021 (app. no. 47621/13 and five other applications) This document is a tool for the press and it does not bind the Court. see here What were the applicants complaining about? The applicants complained about the consequences of non-compliance with the general statutory duty in […]

The compulsory childhood vaccination does not violate the right of respect of the family life!!

Article 8
08/04/2021 18:21

JUDGMENT Vavřička and others v. the Czech Republic 08.04.2021 (app. no. 47621/13 and five other applications) see here SUMMARY Compulsory childhood vaccination and the right to privacy. In the Czech Republic there is a general legal duty to vaccinate children against nine diseases known in the medical sciences. The Duty of compliance cannot be enforced […]

A father’s indifference to a lawsuit claiming a change in the contact rights with his child in the presence of a guardian! Non-violation of the ECHR. However, the delay in issuing a decision for the return of the child violated the procedural part of family life!

Article 14
03/04/2021 13:35

JUDGMENT Μ.Β. v. Poland 01.04.2021 (app. no. 16202/14) see here SUMMARY Abduction of a child by the mother and his transfer from Italy to Poland. Time-consuming procedures for the return of the child. Procedural part of the right to family life and positive obligations of the state deriving from the Hague Convention. Father-child communication in […]

Prohibition of communication between mother and children during the adoption process violated the right to family life

Article 8
01/04/2021 17:09

JUDGMENT A.I. v. Italy 01.04.2021 (app. no. 70896/17) see here SUMMARY The case concerned the inability of the applicant, a Nigerian refugee the mother of two children who had been a victim of trafficking and was in a vulnerable position, to enjoy access rights owing to a court-ordered prohibition on contact, in a situation where […]

Children