Kopf And Liberda v Austria: ECHR 17 Jan 2012

The court was concerned as to whether there was a positive obligation in relation to the interests of a foster carer and a foster child.
Held: The first step was to determine whether Article 8 was engaged. Having found that it was, the court went on to consider whether there was a positive obligation on the state, having regard to the fair balance exercise and the margin of appreciation.


1598/06, [2012] ECHR 50, [2012] 1 FLR 1199




European Convention on Human Rights


Human Rights

Cited by:

CitedElan-Cane, Regina (on The Application of) v The Secretary of State for The Home Department and Another CA 10-Mar-2020
No right to non-gendered passport
The claimant sought judicial review of the police of the respondent’s policy requiring a passport applicant to identify themselves as either male or female. The claimant began life as a female, but, with surgery, asserted a non-gendered identity. . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Family

Updated: 23 October 2022; Ref: scu.450384