Court name: European Court of Human Rights
State: Italy
Date of decision:

The Italian authorities refused to transcribe the applicant's Ukrainian birth certificate, either in full or in part. The applicant, who was born through gestational surrogacy in Ukraine, was consequently denied a legal parent-child relationship with her intended parents under Italian law, as well as any nationality. The Court ruled that the Italian authorities' refusal to transcribe the birth certificate, even in part, prevented the establishment of a legal parent-child relationship between the applicant and her biological father, which was in contradiction with Article 8 ECHR.

Court name: ECtHR
Date of decision:

After discovering that the applicant had omitted information when applying for Russian nationality, his nationality was annulled and an entry ban was enforced. The Court applied a two-pronged approach to assess whether the deprivation of the applicant’s nationality was an interference with his right to private and family life, which assessed (i) the consequences for the applicant, and (ii) whether the measure was arbitrary. In light of the far-reaching consequences of this decision and its apparent arbitrary nature, the Court held that the annulment interfered with the applicant's rights guaranteed under Article 8 ECHR. Further, the Court found that the expulsion of the applicant from Russian territory failed to respect the principle of proportionality, given the lack of evidence of any threat to Russian national security posed by the applicant, thereby violating Article 8.