When considering the issues of an adoption against the wishes of the parents, there is an apparent difference of emphasis between saying that the child’s interests are of ‘paramount importance’, and saying that they merely ‘may, depending on their nature and seriousness’ override those of the parents: ‘The Court further recalls that a fair balance must be struck between the interests of the child and those of the parent and that in doing so particular importance must be attached to the best interests of the child which, depending on their nature and seriousness, may override those of the parent. In particular the parent cannot be entitled under article 8 of the Convention to have such measures taken as would harm the child’s health and development.’
Citations:
30943/96, (2001) 36 EHRR 765, [2002] 1 FLR 119, [2010] ECHR 585
Links:
Worldlii, Bailii, Hudoc Legal Summary
Statutes:
European Convention on Human Rights 8
Jurisdiction:
Human Rights
Cited by:
Cited – In re T (a Child) (Contact: Alienation: Permission to Appeal) CA 24-Oct-2002
After a judgment the parties sought to appeal.
Held: The judge had failed to make a finding on a critical issue in the case, namely whether or not the mother of the child concerned had ‘even if prompted only at a subconscious level, . .
Cited – F v M FD 1-Apr-2004
The court considered the ‘ongoing debate’ about the court’s role in contact disputes. ‘this case illustrates all too uncomfortably the failings of the system. There is much wrong with our system and the time has come for us to recognise that fact . .
Cited – ANS and Another v ML SC 11-Jul-2012
The mother opposed adoption proceedings, and argued that the provision in the 2007 Act, allowing a court to dispense with her consent, infringed her rights under Article 8 and was therefore made outwith the powers of the Scottish Parliament.
Lists of cited by and citing cases may be incomplete.
Human Rights, Adoption
Updated: 24 July 2022; Ref: scu.166602