Children

The long stay of asylum seekers in a transit zone is tantamount to a violation of personal freedom! Living in a high temperature, lack of ventilation and gynecological examinations in the presence of men are humiliating treatment!

JUDGMENT R.R. and others v. Hungary 02.03.2020 (app. no. 36037/17) see here SUMMARY Detention of a family of asylum seekers in the Röszke transit zone under inappropriate conditions. Regarding the conditions of detention, the Court found a high temperature in the accommodation, lack of ventilation, unsuitable beds for children, lack of access to activities, lack […]

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Rape, sexual abuse and prostitution of a 14-year-old. Degrading treatment in court by the accused! Turkish court ruling on the consent of the minor is unacceptable! Condemnation from the Court

JUDGMENT N.Ç. v. Turkey 09.02.2020 (app. no. 40591/11) see here SUMMARY Juvenile victim of prostitution, rape and sexual abuse. Degrading treatment of the victim in the court process by relatives of the accused. Tolerance of the domestic court. Violation of Article 3 and respect for privacy (Article 8). The case concerned shortcomings in the criminal […]

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Revocation of citizenship and deportation of a father of 4 children after 10 years, because he did not write the names of his brothers in the citizenship application! Violation of the right to respect for his family life

JUDGMENT Usmanov v. Russia 22.12.2020 (app. no. 43936/18) see here SUMMARY The case concerned a national of Tajikstan’s complaint about decisions to revoke his Russian citizenship and remove him from Russian territory. Mr Usmanov was granted Russian citizenship in 2008, but it was revoked ten years later when the authorities discovered that he had omitted […]

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Ineffective investigation of allegations of child sexual abuse in an orphanage. Violation of the procedural part of Article 3 of the ECHR.

GRAND CHAMBER JUDGMENT X and others v. Bulgaria 2.2.2021 (no. 22457/16) see here SUMMARY The case concerned allegations of sexual abuse committed against three children in a Bulgarian orphanage prior to their adoption by an Italian couple in June 2012, the European Court of Human Rights held : – that the applicants, owing to their […]

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Inability of a Roma grandmother to exercise her communication rights regarding her granddaughter despite their strong ties, on the grounds that she was coming from a family of criminals! Violation of the right to respect for family life

JUDGMENT Terna v. Italy 14.01.2021 (no. 21052/18) see here SUMMARY Right of family life of grandmother – granddaughter and ethnic discrimination The applicant is a Roma national. She was assigned custody of her minor granddaughter when the girl’s parents were jailed for serious offenses. With various court proceedings under the supervision of the competent Judge, […]

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Adoption cannot be based primarily on the absence of a relationship between the biological mother and the child. Obligation of the state to take measures for the reunification of the biological family!

JUDGMENT
M.L. v. Norway 22.12.2020 (app. no. 64639/16)
Inadequacy of a mother to raise her child for psychological reasons. Removal of parental responsibility from the mother. Approval of adoption of her daughter by foster parents, to whom she was placed from the age of 9 days. The domestic authorities based the adoption decision, mainly on the absence of ties between the biological mother and daughter and on her attachment to the foster parents.
According to the ECtHR, although the relationship between the biological mother and daughter was very limited, the placement of the latter in a foster family when she was only 9 days old had left no room for them to develop any real relationship. The ECtHR also pointed out that the applicant’s very limited rights of communication with her daughter (four times a year, for 2 hours at a time) had been decided on the grounds that the parental decision was to be long-term. There was no indication that the domestic authorities had taken any real steps to reconsider the right of communication while the child was in a foster family.

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Expulsion of a forged foreigner and his separation from his partner and their 3 children. The gravity of the offense cannot outweigh the best interests of the children. Violation of respect for family life!

ΑΠΟΦΑΣΗ
Unuane κατά Ηνωμένου Βασιλείου της 24.11.2020 (αρ. προσφ.  80343/17)
Απέλαση αλλοδαπού που καταδικάστηκε για πλαστογραφίες αδειών παραμονής. Χωρισμός του με σύντροφο και τρία παιδιά. Δικαίωμα σεβασμού της οικογενειακής ζωής.
Ο προσφεύγων υπήκοος Νιγηρίας, διέμενε μόνιμα με την σύντροφο του και τα τρία παιδιά τους στο Ηνωμένο Βασίλειο. Απελάθηκαν οικογενειακώς, πλην του τρίτου παιδιού, για λόγους δημόσιας τάξης και ασφάλειας καθόσον οι δύο γονείς καταδικάστηκαν για πλαστογραφία αδειών διαμονής. Οι αιτήσεις ακύρωσης της συντρόφου και των δύο παιδιών έγιναν δεκτές από τα εγχώρια Δικαστήρια, σε αντίθεση με αυτή του προσφεύγοντα, η οποία απορρίφθηκε και εκείνος αναγκάστηκε να αποχωρήσει από το Ηνωμένο Βασίλειο. Άσκησε προσφυγή για παραβίαση του άρθρου 8.

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The best interest of the child prevails over the right to communication with his mother’s ex-partner!

JUDGMENT
Honner v. France 12.11.2020 (app. no. 19511/16)
The case concerned the refusal to award contact rights to the applicant in respect of the child which
had been born to her former partner in Belgium using assisted reproductive techniques while the
two women were a couple, despite the fact that the applicant had raised the child during his early
years.

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Non-participation of a minor in the trials between his parents for his custody. Violation of the right to respect for his family life

JUDGMENT C. v. Croatia 08.10.2020 (app. no. 80117/17) see here  SUMMARY Child care and best interests of the child. The applicant is a child of divorced parents. He appealed to the ECtHR, complaining of a violation of his right to respect for his family life (Article 8 of the Convention), because in his parents’ trials […]

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Termination of widow’s pension after the children came of age, because as a man is able to return to work. Violation of gender equality and family life

JUDGMENT Β. v. Switzerland  20.10.2020 ( app. no. 78630/12) see here SUMMARY The case concerned the widower’s pension to which the applicant had ceased to be entitled after his younger daughter had reached the age of majority. The Federal Law on Old-Age and Survivors’ Insurance provides that entitlement to a widower’s pension ends when the […]

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