Avenue de l'Europe
Šobota-Gajić v. Bosnia and Herzegovina 
| 2007
Everyone has the right to respect for [her] private and family life...
Extract from Article 8 of the European Convention on Human Rights
Verica Šobota-Gajić left her husband in 2001, complaining of domestic violence. She was granted custody of their children. However, her former husband abducted their son. For many years, the authorities did nothing to help Verica. Due to their inaction, she only regained custody of her son in 2007.
The European court ruled that the authorities had failed to take steps to reunite Verica with her son, despite court decisions in her favour. This had breached her right to family life.
Due to legal reforms in Bosnia & Herzegovina, the courts, police and other public authorities now have more powers to make sure the right people have custody of a child – particularly when a parent has been the victim of domestic violence.
When she was four years old, Tabitha Mitunga was held by the Belgian authorities for almost two months – without family, friends, or anybody to look after her. She suffered psychological damage and the European court ruled that her rights had been violated. Her case highlighted the need for better protections for unaccompanied children in Belgium and led to substantial reforms.
In February 1992, 25,671 people in Slovenia were automatically stripped of their right to live there. Many people – including Ana Mezga - had their papers taken away, were evicted from their homes, could not work, lost personal possessions or had their families broken apart. The law was changed and a compensation scheme set up after a ruling from the European Court of Human Rights.
Emílie Wallová and Jaroslav Walla’s five children were taken away by the authorities, on the grounds that they did not have enough money to look after them. The European court ruled that taking the children away in these circumstances had breached the parents’ right to family life. New legislation banned putting children in care just because of the financial situation of their parents.
Bosnia and Herzegovina
Belgium
Slovenia
Czechia