NEVES CARATAO PINTO v. PORTUGAL - 28443/19 (Judgment : Right to respect for private and family life : Fourth Section) French Text [2021] ECHR 633 (13 July 2021)

NEVES CARATAO PINTO v. PORTUGAL - 28443/19 (Judgment : Right to respect for private and family life : Fourth Section) French Text [2021] ECHR 633 (13 July 2021)

The Court found that the national authorities had relevant and sufficient reasons for the initial removal and continued placement of the children with other family members, and that the applicant was involved in the proceedings to a sufficient degree. The interference with the applicant's right to respect for her...

Source-derived case information.

Citation
[2021] ECHR 633
Parties
Applicant: Anabela Neves Caratão Pinto; Respondent: Republic of Portugal
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment
Outcome
Application dismissed
Legal Topics
Right to Respect for Private and Family Life, Child Protection, Parental Responsibility, Procedural Fairness
Human Rights Law Family Law Right to Respect for Private and Family Life Child Protection Parental Responsibility Procedural Fairness

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Parties

Anabela Neves Caratão Pinto

Applicant

Republic of Portugal

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment

  1. 1 Whether the removal and continued placement of the applicant's children with other family members violated Article 8 (right to respect for private and family life) of the European Convention on Human Rights
  2. 2 Whether the proceedings regarding parental responsibility and contact rights satisfied Article 6 (right to a fair trial) of the Convention

Ratio Decidendi

The Court found that the national authorities had relevant and sufficient reasons for the initial removal and continued placement of the children with other family members, and that the applicant was involved in the proceedings to a sufficient degree. The interference with the applicant's right to respect for her family life was proportionate to the legitimate aim of protecting the children's welfare. There was no violation of Article 8 or Article 6 of the Convention.

Court Disposition

Application dismissed