A.T. v. ITALY - 40910/19 (Judgment : Right to respect for private and family life : First Section) French Text [2021] ECHR 554 (24 June 2021)

A.T. v. ITALY - 40910/19 (Judgment : Right to respect for private and family life : First Section) French Text [2021] ECHR 554 (24 June 2021)

Italian authorities failed to deploy adequate, sufficient, and prompt efforts to enforce the applicant's visitation rights, allowing the mother to obstruct contact for years and failing to use available legal instruments, resulting in violation of Article 8 ECHR.

Source-derived case information.

Citation
[2021] ECHR 554
Parties
Applicant: A. T.; Respondent: Republic of Italy
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment
Outcome
Violation of Article 8 ECHR found; application allowed.
Legal Topics
Right to Respect for Private and Family Life, Child Visitation Rights, State Obligations in Family Matters
Human Rights Family Law Right to Respect for Private and Family Life Child Visitation Rights State Obligations in Family Matters

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Parties

A. T.

Applicant

Republic of Italy

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment

  1. 1 Whether Italian authorities failed to take adequate, sufficient, and prompt measures to enforce the applicant's court-ordered visitation rights
  2. 2 Whether such failure constituted a violation of Article 8 ECHR

Ratio Decidendi

Italian authorities failed to deploy adequate, sufficient, and prompt efforts to enforce the applicant's visitation rights, allowing the mother to obstruct contact for years and failing to use available legal instruments, resulting in violation of Article 8 ECHR.

Court Disposition

Violation of Article 8 ECHR found; application allowed.

Orders

  • State must pay applicant €13,000 for moral damages plus any applicable tax.
  • State must pay applicant €15,000 for costs and expenses plus any applicable tax.