ECHR Judgment (Merits and just satisfaction) Violation of Art. 8 ; Non-pecuniary damage – finding of violation sufficient ; Costs and expenses partial award – domestic proceedings ; Costs and expenses award – Convention proceedings
The complainant had come to live in Austria and his family were there. After convictions for burglary and other offences of violence, he was ordered to leave Austria at the age of 16 for 10 years. He complained that this infringed his right to family life. The Austrian state argued that it was a proportionate response to the complainant’s criminaility and necessary in a democratic society.
Held: Given the complainant’s age, and the possible return to an unstable society which would follow, the response was disproportionate (majority opinion).
Judges:
G. Ress, President, I. Cabral Barreto, L. Caflisch, P. Kuris, H.S. Greve, K. Traja, E. Steiner, JJ
Citations:
36757/97, [2003] ECHR 67
Links:
Statutes:
European Convention on Human Rights 23
Human Rights
Updated: 07 June 2022; Ref: scu.178992
