Restriction on applicant’s contact rights based on his mental disorder, without assessing the latter’s impact on his caring skills or child’s safety - Violation of Article 14
Dissenting / Concurring: Stéphanie Mourou-Vikström, Georges Ravarani
Contents for term
Restriction on applicant’s contact rights based on his mental disorder, without assessing the latter’s impact on his caring skills or child’s safety - Violation of Article 14
Dissenting / Concurring: Stéphanie Mourou-Vikström, Georges Ravarani
The applicants, a married couple and their daughter born in Ukraine via gestational surrogacy, faced a refusal by the French Court of Appeal in 2017 to fully register the Ukrainian birth certificate, listing only the legal father-child relationship - The Court held that the intended mother could establish a legal relationship through adoption, not directly through the foreign birth certificate, in accordance with French law which does not permit gestational surrogacy - The Court found this approach did not violate the child's rights, as the adoption process provided an effective mechanism f
Dismissal of an action challenging paternity on the grounds of the interests of the child, who had been recognised by the mother’s husband, without sufficient safeguards for the alleged biological father - Violation of Article 8
Article 8 (Respect for family life) - Political interventions and procedural vagaries to impede court-ordered return of child unlawfully retained by other parent on respondent State’s territory
Drug addict mother on treatment disproportionately deprived of parental authority over her children who were not neglected or in danger, of which the two youngest placed in public care - Violation of Article 8
Lack of legal recognition of the filiation relationship between a child born abroad through surrogacy and the intended parent – Refusal to register in Italy foreign order
Medically assisted reproduction, post-mortem homologous fertilization – Birth certificate establishing the paternity of the deceased father - Consent is decisive for the attribution of parenthood
Registration in Italy of foreign judgment regarding same-sex couple's adoption of child - Italian legislator does not approve same-sex couples' adoption
The husband initiated proceedings under the Hague Convention for the minor’s return to Norway and obtained an order from the Latvian courts - The applicant claimed this decision violated their right to family life and was made through a flawed procedure - Violation of Article 6 with respect to the right to adversarial proceedings and equality of arms
Pre-adoption foster placement of child despite father’s acquittal for domestic violence and his regained custody of the child’s elder brothers - Violation of Article 8
Article 8 (Respect for family life) - Long-term placement of applicants’ child in foster care and granting of limited contact rights - Authorities’ failure to consider possibility of family reunification in light of child’s best interests
Order to provide genetic sample in context of paternity proceedings - No violation
This case concerned the Norwegian authorities’ decision to remove a mother’s parental authority and let foster parents adopt her son - The applicants complained about the domestic authorities’ decision to remove the mother’s parental authority and let the child’s foster parents adopt him - Violation of Article 8 (right to respect for private and family life)
Dissenting / Concurring: Jon Fridrik Kjølbro, Alena Poláčková, Pauliine Koskelo, Dag Bugge Nordén/Egidijus Kūris, Ranzoni, Yudkivska, Harutyunyan, Paczolay, Chanturia
Article 8 (Respect for family life) - Transfer of child back to biological parents after nine years in care of foster mother - Foster mother and children denied access to child following his transfer to biological parents after nine years in foster care
Article 8 (Respect for family life) - Temporary placement in children’s home due to parents’ refusal to send children to school - No violation
Widow denied access to her children by relatives-in-law in defiance of court orders and later arbitrarily deprived of parental authority - Violation of Article 8
Maternity allowance in the event of adoption or fostering - Maternity allowance to the adoptive father in the event of renunciation by the adoptive mother - Alleged infringement of the principles of equality, protection of the family, maternity and childhood
Maternity allowance - Possibility of cumulating the maternity allowance of the self-employed mother with the days off taken by the employed father
Principle of non-discrimination - Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006: “it is also appropriate to make express provision for the protection of the employment rights of women on maternity leave and in particular their right to return to the same or an equivalent post, to suffer no detriment in their terms and conditions as a result of taking such leave and to benefit from any improvement in working conditions to which they would have been entitled during their absence”
Different treatment of women justified on maternity grounds - Prohibition of dismissal on grounds of marriage applies only to the female employee