A.I. v. ITALY - 70896/17 (Judgment : Right to respect for private and family life : First Section) French Text [2021] ECHR 269 (01 April 2021)

A.I. v. ITALY - 70896/17 (Judgment : Right to respect for private and family life : First Section) French Text [2021] ECHR 269 (01 April 2021)

The Court found that the Italian authorities failed to give sufficient weight to the best interests of the children and the applicant's vulnerability as a trafficking victim. The automatic and prolonged suspension of contact, without adequate consideration of expert recommendations or cultural context, and before a...

Source-derived case information.

Citation
[2021] ECHR 269
Parties
Applicant: A. I.; Respondent: Republic of Italy
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment (first Section)
Outcome
Violation of Article 8 of the European Convention on Human Rights found.
Legal Topics
Right to Respect for Private and Family Life, Adoption, Parental Rights, Child Welfare, Victims of Human Trafficking, Cultural Considerations in Parental Assessment
Human Rights Law Family Law Child Protection Law Right to Respect for Private and Family Life Adoption Parental Rights Child Welfare Victims of Human Trafficking +1 more

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Parties

A. I.

Applicant

Republic of Italy

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment (first Section)

  1. 1 Whether the automatic interruption of the applicant's contact with her children during pending adoptability proceedings violated Article 8 of the European Convention on Human Rights
  2. 2 Whether the Italian authorities failed to consider the applicant's vulnerability as a trafficking victim and her cultural background in assessing parental capacity
  3. 3 Whether the best interests of the children were properly prioritized

Ratio Decidendi

The Court found that the Italian authorities failed to give sufficient weight to the best interests of the children and the applicant's vulnerability as a trafficking victim. The automatic and prolonged suspension of contact, without adequate consideration of expert recommendations or cultural context, and before a final decision on adoptability, constituted a disproportionate interference with the applicant's right to respect for family life under Article 8 of the Convention.

Court Disposition

Violation of Article 8 of the European Convention on Human Rights found.

Orders

  • Italy is to take appropriate measures to remedy the violation, including reconsideration of the applicant's contact with her children and ensuring future proceedings comply with Article 8 standards.
  • Italy is to pay the applicant EUR 20,000 in respect of non-pecuniary damage and EUR 10,000 for costs and expenses.