Lack of diligence by domestic authorities in executing court order granting biological father custody of abducted child - Violation of Article 8
Contents for term
Lack of diligence by domestic authorities in executing court order granting biological father custody of abducted child - Violation of Article 8
Working mothers – Hypothesis of premature birth and admission of the newly born child to a public or private hospital – Right of the working mother to benefit from all or part of the mandatory period of leave to which she is entitled from the time the child enters the family home, upon request and where compatible with her state of health attested by medical documentation
Medically assisted procreation - Refusal to admit a prisoner in solitary confinement and rigorous imprisonment (Italian art. 41-bis) to medically assisted procreation
This case concerned the procedure for awarding parental authority and custody in respect of a child whose mother was Italian and whose father was a San Marino national - The applicants, the mother and the child, complained in particular about a decision ordering the child to be returned to San Marino to live with her father and to attend school there - No violation
Forced disappearance of a woman and kidnapping of her daughter during military dictatorship with the child being raised by a Uruguayan policeman and his wife, knowing nothing of her true identity until her paternal grandfather found her decades later - Violation of the right to preservation of identity, and to an effective remedy due to an amnesty law prevent prosecution of authors of serious human rights violations
Dissenting / Concurring: Vio Grossi
Inability of father divested of his legal capacity to acknowledge paternity of his child - Violation of Article 8
The custody rights of a mother who had temporarily entrusted the child to her parents-in-law - The applicant complained in particular of the refusal of the domestic courts to order her in-laws to return her son to her and argued that the authorities had not taken the necessary steps to facilitate reunion with her minor son - Violation of Article 8
Unjustified refusal to recognise the adoption of an adult by his uncle, a monk - Violation of Article 8
Refusal of German courts to allow the applicant to have contact with a boy who, he claimed, was his biological son - The child’s legitimate father was married to the mother - Violation of Article 8
Maternity allowance - Right of the self-employed father to receive maternity allowance in place of the biological mother - Alleged unjustified unequal treatment between self-employed fathers and mothers and between self-employed and employed fathers
Protection of female workers – Maternity allowance – Alleged violation of the principles of maternity and child protection and the principle of the protection of working mothers
Refusal of German courts to allow the applicant to see his biological children, twins, with whom he had never lived - Violation of Article 8
Equal treatment for male and female workers –Right to leave for employed mothers – Possible use by an employed mother or an employed father
Judge Rapporteur: P. Lindh
Inability of biological father to establish in law his paternity of children born to a married woman with whom he had been cohabiting - No violation
Article 14 (Discrimination) - Difference in treatment on grounds of sexual orientation in relation to child-support regulations
Dissenting / Concurring: Garlicki, Hirvelä, Vučinić
A Swiss mother, fearing her son would be taken abroad by his father, fled Israel to Switzerland, but the Swiss Federal Court later ordered her to return the child to Israel - There would be a violation of Article 8
Dissenting / Concurring: Boštjan M. Zupančič/Giorgio Malinverni, Ireneu Cabral Barreto, Peer Lorenzen, Zdravka Kalaydjieva
Article 14 (Discrimination) - Restriction on transsexual mother's access to her child - No violation
Unmarried woman of a certain age debarred from adopting a second child - No violation of Article 14
Medically Assisted Procreation - Possibility of an implantation of up to a maximum of three embryos - The cryopreservation of the embryos is permitted only if the transfer of the embryos into the uterus is not possible due to serious and documented reasons of force majeure relating to the health of the woman which were not foreseeable at the time of fertilisation
Inability of a father to exercise his contact rights in relation to his son during the course of divorce proceedings - Violation of Article 8 (Respect for family life)