Article 8 - All Updates - ECHR-KS
Article 8 - Right to respect for private and family life
All Updates
Wałęsa v. Poland, no. 50849/21
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
G.T.B. v. Spain, no. 3041/19
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
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
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
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
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
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
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
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
Contact rights between a child and his former stepfather. Applicability and merits.
Decision
C v. Italy, no. 47196/21
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
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)
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
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
Refusal of family reunification requests, for not fulfilling financial independence requirement, of provisionally admitted refugees.
Judgment | Legal Summary
Glukhin v. Russia, no. 11519/20
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
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
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
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
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
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.
Judgment | Legal Summary
Alif Ahmadov and Others v. Azerbaijan, no. 22619/14
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
Procedural status and rights of a biological parent in proceedings for the adoption of an adult.
Advisory Opinion | Legal Summary
Jírová and Others v. the Czech Republic, no. 66015/17
Court-ordered prohibition on contact between former foster parents and their foster child.
Judgment
Mayboroda v. Ukraine, no. 14709/07
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.
Judgment | Legal Summary
Simonova v. Bulgaria, no. 30782/16
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
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
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
Publication of applicant’s identifying data on tax authority website portal.
Judgment | Legal Summary
Jacquinet and Embarek Ben Mohamed v. Belgium, no. 61860/15
Refusal to replace the surname of the applicants with that of the first applicant’s mother.
Judgment
Berisha v. Switzerland (dec.), no. 4723/13
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
Prohibition on the use of prefix “von” in applicants’ surnames.
Judgment | Legal Summary
Kılıc v. Austria, no. 27700/15
Refusal to return applicants’ two youngest children to their care.
Judgment
Ovcharenko and Kolos v. Ukraine, nos. 27276/15 and 33692/15
Dismissal of constitutional judges.
Judgment | Legal Summary
Florindo de Almeida Vasconcelos Gramaxo v. Portugal, no. 26968/16
Use of GPS data on a medical representative’s company vehicle as grounds for dismissal. Applicability and merits.
Judgment | Legal Summary
Sevdari v. Albania, no. 40662/19
Dismissal of a prosecutor and lifetime ban from re-entering the justice system. Applicability and merits.
Judgment | Legal Summary
Pejřilová v. the Czech Republic, no. 14889/19
Dismissal of a widow’s request to be fertilised with deceased husband’s frozen sperm, domestic law allowing such fertilisation only for couples and inter vivos.
Judgment | Legal Summary
K.K. and Others v. Denmark, no. 25212/21
Refusal to allow adoption of children born abroad via surrogacy by wife of their genetic father.
Judgment | Legal Summary
Scalzo v. Italy, no. 8790/21
Prolonged inability to bring an action to establish paternity on the part of the biological father owing to the length of the proceedings to contest the paternity of the putative father.
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
S.L. v. Romania (dec.), no. 52693/12
Failure by lawyer to obtain a certificate granting access to the secret documents underlying the exclusion measure issued against the applicant on the grounds of national security.
Decision | Legal Summary
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
N.V. and C.C. v. Malta, no. 4952/21
Order by family court de facto preventing couple in stable relationship from living together to safeguard interests of child from mother’s previous marriage.
Judgment | Legal Summary
Aygün v. Belgium, no. 28336/12
Parents prohibited from burying their sons abroad during the criminal investigation into their killing. Applicability and merits.
Judgment
Bierski v. Poland, no. 46342/19
Father’s contact with incapacitated adult son: applicability and merits.
Judgment | Legal Summary
Basu v. Germany, no. 215/19
Allegations of racial profiling by police during identity check on a train.
Judgment | Legal Summary
Muhammad v. Spain, no. 34085/17
Allegations of racial profiling during identity check in the street.
Judgment | Legal Summary
Beeler v. Switzerland [GC], no. 78630/12
Termination of widower’s pension when the youngest child reaches the age of majority.
Judgment | Legal Summary