Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; No violation of Art. 6-1; Not necessary to examine Art. 13; Not necessary to examine P7-5; Non-pecuniary damage – financial award; Costs and expenses partial award – domestic proceedings
In private law cases, just as much as in public law cases, Article 8 includes ‘a right for the parent to have measures taken with a view to his or her being reunited with the child and an obligation for the national authorities to take such action.’
Citations:
19823/92, (1994) 19 EHRR 139, [1994] ECHR 32
Links:
Statutes:
European Convention on Human Rights 8
Jurisdiction:
Human Rights
Cited by:
Mentioned – 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 . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Children
Updated: 06 August 2022; Ref: scu.165322