Married couples

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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The exhumation of the victims despite the objections of the relatives violates the right to respect for family life

JUDGMENT Solska and Rybicka v. Poland 20.09.2018 (no. 30491/17 and 31083/17) see here SUMMARY  The case concerned the exhumation of the victims killed in the Polish Air Force plane crash in Smolensk in 2010. The Polish prosecuting authorities ordered the exhumations in 2016 as part of the ongoing investigation into the crash, which killed 96 […]

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οικογένεια

Long-term separation of the father from the child due to lack of institutionalized communication during a divorce violates the right to family life

JUDGMENT  Cristian Cătălin Ungureanu v. Romania 04.09.2018 (no. 6221/14) see here   SUMMARY  During divorce proceedings, national law does not grant the right to the parent who is not diligent to communicate with his child. The national courts, although they found the problem, not only did not find a solution to the issue of communication, […]

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Exercise of violence and abuse by his former wife and adult children

JUDGMENT  Dornean v Republic of Moldova 29.05.2018 (no. 27810/07) see here SUMMARY Complaint regarding abuse by his former wife and his adult children. No research. Infringement of Article 3 (prohibition of inhuman or degrading treatment) because there has been no effective investigation into allegations of ill-treatment. PROVISION  Article  3 PRINCIPAL FACTS  The applicant, Leonid Dornean, […]

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ομοφυλόφιλοι

The legal prohibition on heterosexual couples to enter into registered partnership does not violate the right to personal and family life

JUDGMENT  Ratzenböck and Seydl v. Austria 26-10-2017 (no. 28475/12) see here  SUMMARY  Lack of possibility for heterosexual couples to enter into a registered partnership. The Austrian registered partnership  is an alternative to marriage only for same-sex couples. The applicants, as a heterosexual couple, had access to marriage in an institution that satisfied the need for […]

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ECHRCaseLaw

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