A and Others v. Iceland, ECtHR, 25133/20, 31856/20, 15/11/2022
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2022

Decision depriving parents of custody of their children due to inability to properly care for them and children’s wishes to remain in foster care, within State’s margin of appreciation - No violation

C.E. and Others v. France, ECtHR, 29775/18, 29693/19, 24/03/2022
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2022

Article 8 (Positive obligations) - Inability to obtain recognition of legal parent-child relationship between child and biological mother’s former female partner

Callamand v. France, ECtHR, 2338/20, 07/04/2022
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2022

Rejection of the applicant’s request for contact rights with her former spouse’s child, who had been conceived by medically assisted procreation - Violation of Article 8 (right to respect for private and family life)

C‑2/21, CJEU, 24/06/2022

Birth certificate issued by the Member State of birth of the child and designating two mothers in respect of that child – Refusal by the Member State of origin of one of those two mothers to transcribe that birth certificate into the national register of civil status – Transcription of that certificate being a prerequisite for the issuing of identity documents, national legislation of that Member State of origin not recognising the parenthood of persons of the same sex

Judge Rapporteur: M. Ilešič

D.M. and N. v. Italy, ECtHR, 60083/19, 20/01/2022
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2022

Adoption procedure initiated by the authorities in breach of the mother’s and her child’s right to respect for family life - Evaluation of the alleged mother's inability to fulfil her parental duties based on stereotyped assumptions concerning gender roles and her sexual life

 

Dissenting / Concurring: sexual expression, discrimination against women, adoption

K.K. and Others v. Denmark, ECtHR, 25212/21, 06/12/2022
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2022

Refusal to allow adoption of children born abroad via surrogacy by wife of their genetic father, despite no other possibilities of recognition of a legal parent-child relationship - No obstacles to enjoying family life by children born abroad via surrogacy and their genetic father’s wife, who was granted joint custody but not adoption

Plazzi v. Switzerland, ECtHR, 44101/18, 08/02/2022
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2022

Cancellation without judicial review of the suspensive effect of fathers’ appeals, thereby enabling their children to leave the country with their mothers and removing the jurisdiction of the domestic courts 

Roth v. Switzerland, ECtHR, 69444/17, 08/02/2022
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2022

Cancellation without judicial review of the suspensive effect of fathers’ appeals, thereby enabling their children to leave the country with their mothers and removing the jurisdiction of the domestic courts -Violation of Article 6.

Y v. Poland, ECtHR, 74131/14, 17/02/2022
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2022

Article 8 (Private and family life/Positive obligations) Article 14 (+ Article 8) - Transgender person unable to obtain a full birth certificate without gender reassignment reference, while its short extract and new ID documents indicate only reassigned gender - Applicant not in analogous situation with adopted children who were issued a new birth certificate in the event of full adoption

13217, CSC, 17/05/2021
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2021

Custody of minors, children of unmarried parents, governed by the principle of protection of the best interests of the child - ‘Super-exclusive’ custody of the minor daughter to the father - Mother suffering from the so-called ‘malevolent mother’ syndrome