Article 8 - Right to respect for private and family life

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Cases selected for updating the Case-Law Guide.

Oleg Balan v. the Republic of Moldova, no. 25259/20

14/05/24

Dismissal of a former Minister’s defamation action against the leader of an opposition political party for a document published on Facebook.
Judgment


A.K. v. Russia, no. 49014/16

07/05/24

Dismissal of a teacher owing to images of her appearing on social media which the school found to be “immoral.”
Judgment


Biba v. Albania, no. 24228/18

07/05/24

Serious injury sustained by the applicant’s son in an attack by another pupil at a private school during a break between classes.
Judgment


Aydın Sefa Akay v. Türkiye, no. 59/17

23/04/24

Arrest and pre-trial detention as well as the search of his house and person of a judge of an international court despite the diplomatic immunity conferred on him by that court’s Statute, following the attempted coup of 15 July 2016, when Türkiye declared a state of emergency.
Judgment | Legal Summary


Zăicescu and Fălticineanu v. Romania, no. 42917/16

23/04/24

Acquittal of two high-ranking military officials previously convicted of crimes connected with the Holocaust, in extraordinary appeal proceedings not disclosed to the applicants (Holocaust victims) or to the public.
Judgment | Legal Summary


Verein KlimaSeniorinnen Schweiz and Others v. Switzerland [GC], no. 53600/20

09/04/24

Lack of sufficient action to mitigate effects of climate change – complaints brought by a Swiss association of older women concerned about the consequences of global warming on their living conditions and health, as well as four individual women.
Judgment | Legal Summary


Moldovan v. Ukraine, no. 62020/14

14/03/24

Rejection of the applicant’s civil action for judicial recognition of a deceased person as his father.
Judgment


Vagdalt v. Hungary, no. 9525/19

07/03/24

Inability to contest the declaration of paternity in respect of a biological child and to establish own paternity.
Judgment


Diaconeasa v. Romania, no. 53162/21

20/02/24

Withdrawal of the provision of a State-funded personal assistant for a physically disabled individual resulting in a severe loss of autonomy.
Judgment


Wa Baile v. Switzerland, nos. 43868/18 and 25883/21

20/02/24

Racial profiling during an identity check of a dark-skinned man at Zurich's main train station.
Judgment | Legal Summary


Ismayilzade v. Azerbaijan, no. 17780/18

18/01/24

Refusal to register forename chosen by applicant for her newborn child.
Judgment


Nafornița v. the Republic of Moldova, no. 49066/12

16/01/24

Eviction from State-owned apartment after lengthy lawful residency.
Judgment


Tena Arregui v. Spain, no. 42541/18

11/01/24

Interception and disclosure of applicant’s emails in the context of a political party monitoring one of its members.
Judgment


M.L. v. Poland, no. 40119/21

14/12/23

Prohibition of abortion on grounds of foetal abnormality following amendments introduced by the Constitutional Court. Applicability and merits.
Judgment | Legal Summary


Țîmpău v. Romania, no. 70267/17

05/12/23

Automatic termination of the employment of a lay teacher of Orthodox religion at a secondary public school after the withdrawal of her endorsement by a local Archbishop.
Judgment


Wałęsa v. Poland, no. 50849/21

23/11/23

Reversal by the Supreme Court’s Chamber of Extraordinary Review and Public Affairs of a final civil defamation judgment in the applicant’s favour taken ten years earlier, following the Prosecutor General’s extraordinary appeal.
Judgment | Legal Summary


Gyulumyan and Others v. Armenia (dec.), no. 25240/20

21/11/23

Termination of the terms of office of Constitutional Court judges and its President, all appointed with life tenure, through non-judicially reviewable amendments in the context of a constitutional reform. Applicability.
Decision | Legal Summary


G.T.B. v. Spain, no. 3041/19

16/11/23

Positive obligation to facilitate birth registration of, and the obtention of identity documents by, a vulnerable minor in the case of parental negligence.
Judgment | Legal Summary


C.P. and M.N. v. France, nos. 56513/17 and 56515/17

12/10/23

Refusal of the domestic courts to examine the action of the applicant, claiming to be the biological father of a child, aiming to challenge the legally established paternity with a view to establishing his own.
Judgment


I.V. v. Estonia, no. 37031/21

10/10/23

Unsuccessful attempt by a Latvian national to obtain the annulment of an Estonian court decision by which his biological son was adopted by the husband of the mother.
Judgment


Gurbanov v. Armenia, no. 7432/17

05/10/23

Elapse of thirty-eight days before repatriation of the body of the applicant’s son, an Azerbaijani soldier, following his death during a shooting incident at the Armenian-Azerbaijani border.
Judgment


A.A.K. v. Türkiye, no. 56578/11

03/10/23

Placement of the applicant under guardianship, following a procedure which concluded that she suffered from a mental disorder hindering her legal capacity.
Judgment


Baret and Caballero v. France, nos. 22296/20 and 37138/20

14/09/23

Prohibition on posthumous assisted reproduction within the national territory and on export of gametes and embryos for that purpose to another country.
Judgment | Legal Summary


A and Others v. Italy, no. 17791/22

07/09/23

Alleged impossibility for a father, beneficiary of a witness protection programme, to exercise his visitation rights with his children. Applicability and merits.
Judgment


Gauvin-Fournis and Silliau v. France, nos. 21424/16 and 45728/17

07/09/23

Refusal to allow persons born through medically assisted reproduction involving a third-party donor to access information about that donor, under the rule guaranteeing anonymity in gamete donations.
Judgment | Legal Summary


Vinškovský v. the Czech Republic (dec.), no. 59252/19

05/09/23

Contact rights between a child and his former stepfather. Applicability and merits.
Decision


C v. Italy, no. 47196/21

31/08/23

Refusal to register details of a foreign birth certificate establishing a legal relationship between a child born through a surrogacy arrangement abroad and her biological father, as well as between the child and her intended mother.
Judgment | Legal Summary


D.H. and Others v. North Macedonia, no. 44033/17

18/07/23

Publication of sex workers' photographs, taken while in custody, on the Ministry of Interior’s website.
Judgment


Semenya v. Switzerland, no. 10934/21 (pending before the GC)

11/07/23

Discrimination against a professional athlete who was required under non-State regulations to lower her natural testosterone level to compete in the women’s category in international competitions.
Judgment | Legal Summary


Calvi and C.G. v. Italy, no. 46412/21

06/07/23

Legal-protection measure imposed on an elderly person and his placement in nursing home in social isolation for three years.
Judgment | Legal Summary


B.F. and Others v. Switzerland, nos. 13258/18 and 3 others

04/07/23

Refusal of family reunification requests, for not fulfilling financial independence requirement, of provisionally admitted refugees.
Judgment | Legal Summary


Glukhin v. Russia, no. 11519/20

04/07/23

Processing of the applicant’s personal biometric data by using highly intrusive facial recognition technology in order to identify, locate and arrest him.
Judgment | Legal Summary


Negru v. the Republic of Moldova, no. 7336/11

27/06/23

Inclusion of the applicant on the list of wanted persons and disclosure of information and photo at a police station’s premises.
Judgment | Legal Summary


Margari v. Greece, no. 36705/16

20/06/23

Photographs and personal data of an accused published in the press for six months after charges brought, without her prior knowledge and consent.
Judgment


A and B v. France, no. 12482/21

08/06/23

Annulment, at the author’s request, of the recognition of his paternity of a child born by medical assistance with gamete donation. 
Judgment


Nepomnyashchiy and Others v. Russia, nos. 39954/09 and 3465/17

30/05/23

Domestic authorities’ failure to respond adequately to homophobic statements made by state officials against members of the LGBTI community. Applicability and merits.
Judgment


Ghadamian v. Switzerland, no. 21768/19

09/05/23

Refusal to issue a residence permit to an elderly alien, resident for more than 50 years in Switzerland, albeit unlawfully since 2002, on account of an unenforced decision to expel him after his convictions for serious criminal offences.
JudgmentLegal Summary


Alif Ahmadov and Others v. Azerbaijan, no. 22619/14

04/05/23

​Order for the eviction of a family from their home and for its demolition on the ground that it was an unauthorised construction built on State-owned land. 
Judgment


Advisory opinion on the procedural status and rights of a biological parent in proceedings for the adoption of an adult [GC], no. P16-2022-001

13/04/23

​Procedural status and rights of a biological parent in proceedings for the adoption of an adult.
Advisory OpinionLegal Summary


Jírová and Others v. the Czech Republic, no. 66015/17

13/04/23

​Court-ordered prohibition on contact between former foster parents and their foster child.
Judgment


Mayboroda v. Ukraine, no. 14709/07

13/04/23

​Removal of the applicant’s kidney in a public hospital without her informed consent and the concealment of this information by the doctors in the postoperative period.
JudgmentLegal Summary


Simonova v. Bulgaria, no. 30782/16

11/04/23

Order for demolition of the applicant and her minor children's home on the grounds that it was unlawfully built.
Judgment


UAB Kesko Senukai Lithuania v. Lithuania, no. 19162/19

04/04/23

Absence of ex post facto judicial review of the manner in which Competition Council officials carried out the inspection of the applicant company’s office.
Judgment


Sârbu v. Romania, no. 34467/15

28/03/23

Use in criminal proceedings against the applicant of recordings made without his knowledge by a co-accused.
Judgment


L.B. v. Hungary [GC], no. 36345/16

09/03/23

​Publication of applicant’s identifying data on tax authority website portal.
JudgmentLegal Summary


Jacquinet and Embarek Ben Mohamed v. Belgium, no. 61860/15

07/02/23

Refusal to replace the surname of the applicants with that of the first applicant’s mother.
Judgment 


Berisha v. Switzerland (dec.), no. 4723/13

24/01/23

​Expense cap for the care of a person with serious disabilities at home.
Decision Legal Summary


Künsberg Sarre v. Austria, nos. 19475/20 and 3 others

17/01/23

Prohibition on the use of prefix “von” in applicants’ surnames.
Judgment | Legal Summary


Kılıc v. Austria, no. 27700/15

12/01/23

​Refusal to return applicants’ two youngest children to their care.
Judgment


Ovcharenko and Kolos v. Ukraine, nos. 27276/15 and 33692/15

12/01/23

Dismissal of constitutional judges.
Judgment | Legal Summary


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