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

C-262/21 PPU, CJEU, 02/08/2021

Jurisdiction, recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility – Application for return of a child of a young age whose parents have joint custody – Transfer of the child and his mother to the Member State responsible for examining an application for international protection under Regulation (EU) No 604/2013 (Dublin III))

Judge Rapporteur: M. J.–C. Bonichot

Zaunegger v. Germany, ECtHR, 22028/04, 03/12/2009
 | 
2009

Violation of Article 14 (discrimination) - Inability of father of a child born out of wedlock to obtain joint custody without the mother’s consent - The applicant had been treated differently from mothers or from married or divorced fathers in that he had required his former partner's consent to joint custody

Dissenting / Concurring: Bertram Schmitt

Palau-Martinez v. France, ECtHR, 64927/01, 16/12/2003
 | 
2003

Violation of Article 14 (discrimination) - Placement of children with father, as the mother was a Jehovah’s Witness -  The appeal court had treated the parents differently on the basis of the applicant’s religion, on the strength of a harsh analysis of the educational principles allegedly imposed by the religion

Dissenting / Concurring: W. Thomassen