33/2025, CC, 20/01/2025
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2025

International adoption – Unnecessary interference in a democratic society of the provision preventing single persons from applying for the declaration of suitability to adopt and the judge from issuing a decree of suitability for international adoption – Constitutional illegitimacy of art. 29-bis, par. 1 of law no. 184 of 4/05/1983

A and B v. Malta, ECtHR, 4986/24, 24/06/2025
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2025

Article 6 - Impartiality of a judge in childcare proceedings - Article 8 - Right to visit - Interlocutory decisions rejecting applicant’s request that opposing party’s contact rights be reduced or supervised accompanied by relevant and sufficient reasons 

Dissenting / Concurring: Chanturia / Schembri Orland

M.K. v. Latvia, ECtHR, 26035/23, 03/07/2025
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2025

Domestic courts’ failure to examine the issue of the applicant’s interim contact with the child of her former partner pending the outcome of the main child contact proceedings - No biological ties but close personal ones amounting to a de facto parent‑child bond - Violation Article 8

Dissenting / Concurring: Derenčinović / Adamska-Gallant

Mitrevska v. North Macedonia, ECtHR, 20949/21, 14/05/2024
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2024

Violation of Article 8 (positive obligations and private life) - Inability of the applicant, who was adopted as a child, to obtain information concerning her biological origins and health information about her biological parents - Failure to strike a balance between the competing interests at stake

Córdoba v. Paraguay, IACtHR, Series C No. 505, 4/09/2023

Illicit removal of a child habitually resident in Argentina, relocated by the taking parent to Paraguay without the father's consent - Violation of the duty of due diligence for failing to locate for nine years a child regularly attending school and receiving public health care - Violation of the right to personal integrity for putting the applicant in a permanent state of anguish - Violation of the obligation to respect the rights and freedoms without any discrimination

Dissenting / Concurring: Pérez Manrique, Ferrer Mac-Gregor Poisot, Mudrovitsch / Sierra Porto, Hernándz López, Pérez Goldberg

María et al. v. Argentina, IACtHR, Series C No. 494, 22/08/2023

Pregnant adolescent encouraged to give her unborn child up for adoption by health professionals on the basis of gendered stereotypes concerning her unsuitability to find a partner to form a family should the child be kept by her – Authorization to adopt the baby signed by the mother without any assisting lawyer in a document directed to the Provincial Direction for the Promotion of the Rights of the Child, Adolescent and the Family – Violation of the rights to equality, family life, judicial guarantees, judicial protection, physical integrity, live free from violence, and the rights of