Parental authority of father with mild intellectual disability restricted on insufficiently demonstrated grounds - Violation of Article 8
Contents for term
Parental authority of father with mild intellectual disability restricted on insufficiently demonstrated grounds - Violation of Article 8
Article 4 (Trafficking in human beings) - Shortcomings in response to criminal complaint of human-trafficking
Article 14 (Discrimination) - Failure to take into account possible discriminatory motives in investigation of homophobic attack
Dissenting / Concurring: Myjer
Change of recognised paternity at request and in favour of biological father without child’s consent - No violation
Article 5 - The applicant alleged that his detention had been unjustified, a situation not remedied by adequate judicial supervision
Article 14 (Discrimination) - Discrimination between unmarried same-sex couples and unmarried different-sex couples in obtaining family reunification
The applicant claimed asylum as she had partially undergone FGM and claimed to be at risk of re-excision if sent back to Guinea - No violation
Article 14 (Discrimination) - Refusal to grant a residence permit for family reasons to a foreign same-sex partner
Dissenting / Concurring: Bianku / Sicilianos
The applicant’s inability to exercise fully his right of contact with his son on account of negative reports by the Scandiano social services, with which the mother had professional links - the Italian authorities had not made appropriate and sufficient efforts to ensure that the applicant had been able to exercise his right of contact with his child and had thus breached his right to respect for his family life
Article 3 (prohibition of inhuman or degrading treatment) and Article 11 (freedom of assembly) - The applicant complained of excessive police force during her arrest at a protest - The obligation of authorities to ensure the protection of individuals’ rights during peaceful demonstrations
Dissenting / Concurring: Kjølbro / Sajo, Keller, Kuris.
Article 8 - This case concerned proceedings in Georgia for the return of the applicant’s son, born in 2004, to Ukraine
Article 8 - The applicant’s inability to secure the return to Switzerland of his children, who had been taken to France by their mother
The applicant alleged that she had been a victim of a breach of Articles 3 and 8 of the Convention on account of the State’s failure to conduct a proper investigation into her allegation of rape committed against her - The applicant also complained that there had not been any effective remedies available to her as required by Article 13 of the Convention in respect of the above breaches.
Article 3 (Positive obligations) and Article 14 (Discrimination) - State’s failure to protect demonstrators from homophobic violence and to launch effective investigation - State’s failure to protect demonstrators from homophobic violence and to launch effective investigation
Dissenting / Concurring: Wojtyczek
Article 8 (Respect for home) - Lack of appropriate legal framework to protect occupant of flat from harassment by co-owners
Article 8 (Respect for family life) - Failure to conduct return proceedings under Brussels IIa regulation expeditiously and efficiently
Article 3 (Procedual) - The applicant alleged that the trial concerning her rape had been unduly long and had not been conducted with the required diligence
Article 3 - The applicant alleged that the criminal proceedings concerning her rape had been unduly long and had not been conducted with the required diligence
The procedure for the return of the first applicant, the daughter of the second applicant, to her country of habitual residence, Cyprus - There would be a violation of Article 8 if the decision ordering the child’s return to Cyprus were to be enforced
Dissenting / Concurring: Elisabeth Steiner, Linos-Alexandre Sicilianos
Article 3 (prohibition of torture and inhuman or degrading treatment) - the procedure for the applicant's deportation to Guinea