Palau Martinez v France: ECHR 16 Dec 2003

A decision of the French court that the children should live with their father, and not with their Jehovah’s Witness mother, was based decisively on its view of the mother’s religious practices and was discriminatory; although the protection of the children was a legitimate aim, there was, in the view of the Strasbourg court, no reasonably proportionate relationship between the means employed and the legitimate aim being pursued.


64927/01, [2003] ECHR 688, [2003] ECHR 693, (2005) 41 EHRR 9, [2004] 2 FLR 810


Worldlii, Bailii


European Convention on Human Rights


Human Rights

Cited by:

See AlsoPalau Martinez v France ECHR 15-Sep-2010
. .
CitedJohns and Another, Regina (on The Application of) v Derby City Council and Another Admn 28-Feb-2011
The claimants had acted as foster carers for several years, but challenged a potential decision to discontinue that when, as committed Christians, they refused to sign to agree to treat without differentiation any child brought to them who might be . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Children

Updated: 23 November 2022; Ref: scu.277274