Rights of the Child
All Updates
Cases selected for updating the Case-Law Guide.
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
N.Ç. v. Turkey, no. 40591/11
Protection of the personal integrity of a vulnerable child in the course of criminal proceedings relating to sexual abuse.
Judgment | Legal Summary
X and Others v. Bulgaria [GC], no. 22457/16
Allegations of sexual abuse in an orphanage after children’s adoption abroad.
Judgment | Legal Summary
Unuane v. the United Kingdom, no. 80343/17
Deportation after conviction for falsifying immigration documents running counter to best interests of applicant’s minor children.
Judgment | Legal Summary
Perovy v. Russia, no. 47429/09
Mere presence of seven-year-old child at one-off short religious ceremony in municipal school, without indoctrination aims.
Judgment | Legal Summary
Suur v. Estonia, no. 41736/18
Ending of applicant’s joint custody of child and restrictions on contact. Father’s meetings with child subject to mother’s knowledge and consent.
Judgment
Koychev v. Bulgaria, no. 32495/15
Dismissal of an action challenging paternity for reasons related to the interests of the child, who had been recognised by the mother’s husband.
Judgment | Legal Summary
C v. Croatia, no. 80117/17
Failure to represent a minor by a special guardian in custody proceedings and minor not given the opportunity to be heard in person.
Judgment
G.L. v. Italy, no. 59751/15
Inability for autistic child to receive specialised learning support to which she was entitled by law, in first two years of primary school.
Judgment | Legal Summary
N.Š. v. Croatia, no. 36908/13
Disclosure of confidential personal data about a child during a TV interview in the context of a conflict on the child's custody.
Judgment
Ilya Lyapin v. Russia, no. 70879/11
Natural father divested of parental rights due to voluntary and prolonged separation from child who was well integrated into mother’s new family from an early age.
Judgment | Legal Summary
Moustahi v. France, no. 9347/14
Refusal to allow reunion of a father with his two small children placed de facto in administrative detention for the purpose of removal.
Judgment | Legal Summary
Evers v. Germany, no. 17895/14
Challenge to a contact ban imposed following applicant’s sexual abuse of a disabled woman.
Judgment | Legal Summary
I.E. v. the Republic of Moldova, no. 45422/13
Failure to prevent rape and beating of a vulnerable minor in pre-trial detention by his convicted cellmates.
Judgment
Waresiak v. Poland (dec.), no. 58558/13
Access of next-of-kin to proceedings against juvenile delinquents.
Decision
Y.I. v. Russia, no. 68868/14
Withdrawal of the parental authority from an unemployed mother who had been taking drugs.
Judgment | Legal Summary
Rinau v. Lithuania, no. 10926/09
International child abduction: political interference.
Judgment | Legal Summary