CHERRIER v. FRANCE - 18843/20 (No Article 8 - Right to respect for private and family life : Fifth Section) French Text [2024] ECHR 85 (30 January 2024)

CHERRIER v. FRANCE - 18843/20 (No Article 8 - Right to respect for private and family life : Fifth Section) French Text [2024] ECHR 85 (30 January 2024)

The Court found that the French authorities' refusal to disclose the identity of the applicant's biological mother, who had expressly maintained her wish for anonymity, was prescribed by law, pursued a legitimate aim (protection of the mother's rights), and struck a fair balance between the applicant's right to know...

Source-derived case information.

Citation
[2024] ECHR 85
Parties
Applicant: Annick Cherrier; Respondent: French Government
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Final Judgment
Outcome
No violation of Article 8 ECHR found
Legal Topics
Right to Respect for Private and Family Life, Access to Origins, Anonymous Birth, Adoption, Balancing of Rights, State Margin of Appreciation
Human Rights Law Family Law Administrative Law Right to Respect for Private and Family Life Access to Origins Anonymous Birth Adoption Balancing of Rights +1 more

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Parties

Annick Cherrier

Applicant

French Government

Respondent

Procedural Posture

Application to the European Court of Human Rights / Final Judgment

  1. 1 Whether the refusal to disclose the identity of the applicant's biological mother, who gave birth anonymously and maintained her wish for anonymity, violates Article 8 of the European Convention on Human Rights (right to respect for private and family life)

Ratio Decidendi

The Court found that the French authorities' refusal to disclose the identity of the applicant's biological mother, who had expressly maintained her wish for anonymity, was prescribed by law, pursued a legitimate aim (protection of the mother's rights), and struck a fair balance between the applicant's right to know her origins and the mother's right to privacy. The applicant had access to non-identifying information and a procedure existed for the mother to reconsider her decision. The margin of appreciation afforded to France was not exceeded. There was no violation of Article 8.

Court Disposition

No violation of Article 8 ECHR found