CALVI AND C.G. v. ITALY - 46412/21 (Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for private life)) Court (First Section) French Text [2023] ECHR 571 (06 July 2023)

CALVI AND C.G. v. ITALY - 46412/21 (Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for private life)) Court (First Section) French Text [2023] ECHR 571 (06 July 2023)

The Court found that the placement of C.G. under legal protection and in a care home, with prolonged and near-total social isolation, was not proportionate or adequately justified. The national authorities failed to conduct a concrete and attentive examination of all relevant aspects of C.G.'s situation, did not...

Source-derived case information.

Citation
[2023] ECHR 571
Parties
Applicant: Augusto Calvi; Applicant: C. G.; Respondent: Republic of Italy
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment
Outcome
Violation of Article 8 of the European Convention on Human Rights found.
Legal Topics
Right to Private and Family Life, Legal Capacity, Guardianship, Institutionalisation, Proportionality of Protective Measures, Autonomy of Elderly and Disabled Persons
Human Rights Law Elder Law Disability Law Right to Private and Family Life Legal Capacity Guardianship Institutionalisation Proportionality of Protective Measures +1 more

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Parties

Augusto Calvi

Applicant

C. G.

Applicant

Republic of Italy

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment

  1. 1 Whether the placement of C.G. under legal protection and in a care home, with prolonged social isolation, violated Article 8 of the European Convention on Human Rights
  2. 2 Whether the measures taken were proportionate and provided adequate safeguards for C.G.'s rights, will, and preferences

Ratio Decidendi

The Court found that the placement of C.G. under legal protection and in a care home, with prolonged and near-total social isolation, was not proportionate or adequately justified. The national authorities failed to conduct a concrete and attentive examination of all relevant aspects of C.G.'s situation, did not sufficiently consider less restrictive alternatives, and did not provide effective safeguards to prevent abuse or ensure respect for C.G.'s rights, will, and preferences. The measure exceeded the margin of appreciation and constituted a violation of Article 8.

Court Disposition

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

Orders

  • The Court finds a violation of Article 8.
  • Italy is to take appropriate measures to ensure respect for C.G.'s rights, will, and preferences, and to prevent recurrence of similar violations.