The ECHR found a violation of the requirements of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

Заголовок: The ECHR found a violation of the requirements of Article 8 of the Convention for the Protection of Human Ri Сведения: 2019-11-18 12:23:08

The ECHR judgment of April 9, 2019 in the case of V.D. and Others v. V.D. and Others of the Russian Federation (application No. 72931/10).

In 2010, the applicants were assisted in preparing application. Subsequently, the application were consolidated and communicated by the Russian Federation.

The case has successfully examined application of violation of the applicants' rights to respect for their family life by depriving the first applicant of custody of the child of the first applicant and transferring the child to the care of his biological parents, as well as the refusal to provide the applicants with the opportunity to communicate with the child. The case did not violate the requirements of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms in connection with the transfer of the child to his biological parents and the termination of custody of the first applicant’s child, however, there was a violation of Article 8 of the Convention because the Russian authorities did not provide an opportunity to maintain family ties between the applicants and the child.

In their application, the applicants complained that the deprivation of the first applicant's custody of R. and the transfer of the child to the care of his biological parents, as well as the refusal to give them the opportunity to communicate with R., violated their right to respect for their family life, guaranteed by Article 8 of the Convention.

On April 9, 2019, in response to application submitted by the applicants, the Court unanimously decided that there had been no violation of Article 8 of the Convention (the right to respect for private and family life) in connection with the transfer of R. to his biological parents and the termination of custody of the first applicant , however, there was a violation of Article 8 of the Convention because the Government did not provide an opportunity to maintain family ties between the applicants and R. The European Court ordered the respondent Government to pay I will jointly receive 16,000 euros in respect of non-pecuniary damage and 200 euros in respect of costs and expenses.

 

 

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