Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Non-pecuniary damage – financial award ; Costs and expenses partial award – domestic proceedings ; Costs and expenses partial award – Convention proceedings
‘the mutual enjoyment by parent and child of each other’s company constitutes a fundamental element of family life, even if the relationship between the parents has broken down, and domestic measures hindering such enjoyment amount to an interference with the right protected by Article 8 of the Convention.’ and ‘In examining whether the non-enforcement of the access arrangements amounted to a lack of respect for the applicant’s family life the Court must strike a balance between the various interests involved, namely the interests of the applicant’s daughter, those of the applicant herself and the general interest in ensuring respect for the rule of law.’
Citations:
60457/00, [2004] 1 FCR 427, [2004] ECHR 58
Links:
Statutes:
European Convention on Human Rights 8
Jurisdiction:
Human Rights
Cited by:
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 . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Children
Updated: 09 June 2022; Ref: scu.193564