Married couples

Judicial rejection of violent ex-wife relocation violates privacy. The state is obliged to seek a solution to issues of domestic violence even with contrary court decisions!

JUDGMENT Levchuk v. Ukraine 03.09.2020 (app. no.  17496/19) see here SUMMARY Domestic violence and privacy. Request for relocation of the abusive ex-spouse and rejection by national courts. Positive obligations of the state. The applicant and her three children, victims of the violent behavior of her alcoholic ex-husband, sought legal redress from the state-owned joint residence. […]

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Widow’s request for exhumation and transfer of her husband’s body to another country. Failure to consider the request violated private and family life

JUDGMENT Drašković v. Montenegro 09.06.2020 (app. no. 40597/17) see here  SUMMARY The case concerned the applicant’s wish to have her husband’s remains removed from Montenegro to Bosnia and Herzegovina, which another member of the family refused to allow. The Court found in particular that such a dispute fell to be examined under both the private […]

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Sharia and its application. Greece has one year in order to restore the right of ownership of the applicant. Measures and alternatives

GRAND CHAMBER JUDGMENT Molla Sali v. Greece  18.06.2020 (no. 20452/14) Βλ. εδώ SUMMARY The case Molla Sali v. Greece (application no. 20452/14) concerned the application by the Greek courts of Sharia law to an inheritance dispute among Greek nationals belonging to the Muslim minority. In its principal judgment delivered on 19 December 2018 by the […]

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The execution of a court decision for the delivery of a minor child by one parent to another consists of a state obligation!

JUDGMENT Gubasheva and Ferzauli v. Russia 05.05.2020 (no. 38433/17)  see here   SUMMARY Execution of court decisions by the domestic authorities and the responsibility of the state. The first applicant, acting for herself individually but also on behalf of her minor daughter and the second applicant, applied for custody after her divorce from her husband, who […]

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The applicant was not aware of the other party’s allegations to respond them in hers child custody case law. Violation equality of arms.

JUDGMENT Andersena v. Latvia of 19.09.2019 (no. 79441/17) see here SUMMARY Adversarial proceedings, equality of arms and the right to family life. The applicant moved from the family home with her daughter to another country. The father filed a lawsuit and won the child’s return to his place of residence. In the proceedings before the Court, the applicant […]

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Marriage between “ex-” brothers- and sisters-in-law. Annulment of marriage after 10 years of marriage and after the Greek authorities had issued a marriage license. The cancellation of the marriage by the Greek courts violated the right to marriage. Condemnation of Greece

JUDGMENT Theodorou and Tsotsorou v. Greece 5.09.2019 (appl. no. 57854/15) see here SUMMARY  The case concerned a judicial decision annulling the marriage of Ms Tsotsorou and Mr Theodorou on the grounds that Ms Tsotsorou was Mr Theodorou’s former sister-in-law. On the basis of Article 1357 of the Civil Code – which prohibits, in particular, marriage […]

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Greek Muslims should apply Sharia if they want it, and not necessarily. Condemnation of Greece from Strasbourg due to the inability of the Muslims to apply the Greek Civil Code

JUDGMENT  Molla Sali v. Greece of the Grand Chamber 19.12.2018 (no.  20452/14) see here SUMMARY  The case concerned the application by the domestic courts of Islamic religious law (Sharia) to an inheritance dispute between Greek nationals belonging to the Muslim minority, contrary to the will of the testator (a Greek belonging to the Muslim minority, […]

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The obligation of a spouse to give testimony to a criminal case in which his wife was a “special witness”, a stage ie before being characterised as a suspect, is contrary to the right to the protection of family life

JUDGMENT Kryževičius v. Lithuania 11.12.2018 (no. 67816/14) see here SUMMARY Witness against his wife. The applicant’s refusal to testify as a witness in a case where his wife was a “special witness”, a witness being investigated regarding her own potential criminal activity. Imposition of a fine for the refusal to testify and an inability of […]

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The eviction of wifes from a state owned dormitory after five years of illegal residence violated their right to residence and was not necessary in a democratic society

JUDGMENT  Popov and others v. Russia 27.11.2018  (no. 44560/11) see here SUMMARY  State owned dormitories and right to residence. Decision regarding the eviction of wifes female from state owned  dormitory provided to their husbants who worked in the Treasury Security Service in the 1990s The ECtHR found that the dormitory where they illegally resided for […]

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