Rights of the Child
All Updates
Cases selected for updating the Case-Law Guide.
X and Others v. Slovenia, nos. 27746/22 and 28291/22
Removal of the applicant children from the first applicant, their mother, and the discontinuation of contact between them with the aim of preventing alienation from their father.
Judgment
Biba v. Albania, no. 24228/18
Serious injury sustained by the applicant’s son in an attack by another pupil at a private school during a break between classes.
Judgment
V.I. v. the Republic of Moldova, no. 38963/18
Involuntary placement in a psychiatric hospital and psychiatric treatment of a 15-year-old orphaned child with a mild intellectual disability.
Judgment
M.G. v. Lithuania, no. 6406/21
The particular vulnerability of a child during excessively long criminal proceedings regarding an attempted sexual assault.
Judgment
Gauvin-Fournis and Silliau v. France, nos. 21424/16 and 45728/17
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
A and B v. France, no. 12482/21
Annulment, at the author’s request, of the recognition of his paternity of a child born by medical assistance with gamete donation.
Judgment
Jírová and Others v. the Czech Republic, no. 66015/17
Court-ordered prohibition on contact between former foster parents and their foster child.
Judgment
T.H. v. Bulgaria, no. 46519/20
Primary school’s response to aggressive and disruptive behaviour of a child with developmental disorder.
Judgment | Legal Summary
B v. Russia, no. 36328/20
Secondary victimisation of extremely vulnerable child in criminal proceedings concerning her alleged sexual abuse.
Judgment | Legal Summary
Macatė v. Lithuania [GC], no. 61435/19
Temporary suspension of children’s fairy tale book depicting same-sex relationships and its labelling as harmful to children under 14.
Judgment | Legal Summary
Elmazova and Others v. North Macedonia, nos. 11811/20 and 13550/20
Discrimination of Roma pupils on account of their segregation in two State-run primary schools attended predominantly by Roma children and with Roma-only classes respectively.
Judgment | Legal Summary
K.K. and Others v. Denmark, no. 25212/21
Children’s interests in paid-surrogacy adoption ban.
Judgment | Legal Summary
Ghișoiu v. Romania (dec.), no. 40228/20
Allegations of isolated acts of domestic violence, in particular one-off occurrences involving a slap in a minor’s face perpetrated by a close family member.
Decision
D.B. and Others v. Switzerland, nos. 58817/15 and 58252/15
Protracted non-recognition of parent-child relationship between child born through gestational surrogacy abroad and intended father who was genetic father’s partner.
Judgment | Legal Summary
A and Others v. Iceland, nos. 25133/20 and 31856/20
Removal of custody in children’s best interests considered at risk despite father's sexual-abuse acquittal.
Judgment | Legal Summary
I.M. and Others v. Italy, no. 25426/20
Children obliged, for three years, to see their violent father in a non-protective environment and suspension of parental authority of mother who opposed such meetings.
Judgment | Legal Summary
Paparrigopoulos v. Greece, no. 61657/16
Length of proceedings for judicial determination of paternity and the positive obligation to exercise exceptional diligence.
Judgment | Legal Summary
X and Others v. Albania, nos. 73548/17 and 45521/19
Failure to implement swift and comprehensive desegregation measures in an elementary school attended almost exclusively by Roma and Egyptian children.
Judgment | Legal Summary
Dokukiny v. Russia, no. 1223/12
Claim of ill-treatment by police against a child during parent's arrest.
Judgment
T.C. v. Italy, no. 54032/18
Order prohibiting a Jehovah’s Witness from actively involving his young child, brought up in Catholicism, in his religious practice.
Judgment | Legal Summary
A.J. v. Greece (dec.), no. 34298/18
Reception conditions of unaccompanied minor separated from his siblings, hosted at different accommodation facilities.
Decision
A. L. v. France, no. 13344/20
Surrogacy, biological filiation, and domestic courts' duty of exceptional diligence.
Judgment
N.B. and Others v. France, no. 49775/20
Administrative detention pending removal of an eight-year-old child accompanied by his parents.
Judgment | Legal Summary
C.E. and Others v. France, nos. 29775/18 and 29693/19
Refusal to recognise a legal relationship between a child and the biological mother’s ex-partner.
Judgment | Legal Summary
Nikoghosyan and Others v. Poland, no. 14743/17
Automatic placement of a family of adult and child asylum-seekers in six-month-long detention.
Judgment
I.V.Ț. v. Romania, no. 35582/15
Television interview of minor without parental consent.
Judgment
Q and R v. Slovenia, no. 19938/20
Court’s refusal to hear very young children represented by social services and not by special guardian.
Judgment | Legal Summary
Hashemi and Others v. Azerbaijan, nos. 1480/16 and 6 others
Refusal to issue identity cards to refugees' children born in the country.
Judgment
Abdi Ibrahim v. Norway [GC], no. 15379/16
Adoption by foster parents with a religious faith different to that of a biological parent.
Judgment | Legal Summary
T.A. and Others v. the Republic of Moldova, no. 25450/20
Transfer of grandson having spent all of his life with his grandparents to his biological father's house.
Judgment
M.H. and Others v. Croatia, nos. 15670/18 and 43115/18
Summary return of parent and six children by Croatian police outside official border crossing.
Judgment | Legal Summary
A.P. v. the Republic of Moldova, no. 41086/12
Investigation on the sexual abuse of a minor by another.
Judgment
C.N. v. Luxembourg, no. 59649/18
Service of written pleadings before the Court of cassation.
Judgment
X. v. Poland, no. 20741/10
Discrimination in custody case based on mother’s relationship with another woman.
Judgment
Z.B. v. France, no. 46883/15
Criminal conviction for having dressed a three-year old child with a T-Shirt glorifying terrorism, worn at school.
Judgment | Legal Summary
M.D. and A.D. v. France, no. 57035/18
Administrative detention for eleven days of an infant and her breastfeeding mother.
Judgment
A.M. and Others v. Russia, no. 47220/19
Restriction of parental rights and deprivation of contact with children on gender identity grounds.
Judgment | Legal Summary
R.B. v. Estonia, no. 22597/16
Acquittal of a 4-year old child's father of sexual abuse on procedural grounds.
Judgment | Legal Summary
Kurt v. Austria [GC], no. 62903/15
Scope and content of the Osman States' positive operational obligation in the context of domestic violence and child’s murder by father.
Judgment | Legal Summary
Jessica Marchi v. Italy, no. 54978/17
Termination of temporary foster placement ('placement à risque juridique') with a view to the adoption of the child by the applicant.
Judgment | Legal Summary
Yocheva and Ganeva v. Bulgaria, nos. 18592/15 and 43863/15
Denial of surviving parent allowance to single mother of minor children of unknown father.
Judgment | Legal Summary
F.O. v. Croatia, no. 29555/13
Harassment of a student by a teacher in public school (verbal abuse).
Judgment | Legal Summary
Parfitt v. the United Kingdom (dec.), no. 18533/21
Withdrawal of life-sustaining treatment from a child suffering from terminal medical condition based on her “best interests”.
Decision | Legal Summary
Vavřička and Others v. the Czech Republic [GC], nos. 47621/13 and 5 others
Statutory child vaccination duty and consequences on parents and children for refusal to comply with it.
Judgment | Legal Summary
A.I. v. Italy, no. 70896/17
Trafficking victim of foreign origin deprived of any contact with her children before the final decision on their availability for adoption.
Judgment | Legal Summary
Mik and Jovanović v. Serbia (dec.), nos. 9291/14 and 63798/14
New legal framework establishing mechanism to determine true status and provide redress for all parents of missing newborn children.
Decision | Legal Summary
Pavel Shishkov v. Russia, no. 78754/13
Refusal to order the applicant’s daughter’s transfer to his care following removal of mother’s parental authority and placement in foster care.
Judgment
R.R. and Others v. Hungary, no. 36037/17
Asylum-seeking family with a pregnant mother and minor children in transit zone for nearly four months. Applicability and merits.
Judgment | Legal Summary
V.C.L. and A.N. v. the United Kingdom, nos. 77587/12 and 74603/12
Minors prosecuted despite credible suspicion they were trafficking victims.
Judgment | Legal Summary