BITTOUN v. THE REPUBLIC OF MOLDOVA - 51051/15 (Judgment : Article 8 - Right to respect for private and family life : Second Section Committee) French Text [2019] ECHR 196 (05 March 2019)

BITTOUN v. THE REPUBLIC OF MOLDOVA - 51051/15 (Judgment : Article 8 - Right to respect for private and family life : Second Section Committee) French Text [2019] ECHR 196 (05 March 2019)

The Moldovan legal framework, as applied, did not provide the applicant with adequate and effective protection of his right to maintain contact with his daughter, as required by Article 8 ECHR. Authorities failed to take all reasonable measures to facilitate visitation, and the remedies available were ineffective in...

Source-derived case information.

Citation
[2019] ECHR 196
Parties
Applicant: David Bittoun; Respondent: Republic of Moldova
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment by Second Section Committee
Outcome
Application allowed in part; violation of Article 8 ECHR found; no separate examination under Article 13.
Legal Topics
Right to Respect for Private and Family Life, Parental Rights, State Positive Obligations, Effective Remedies
Human Rights Law Family Law Right to Respect for Private and Family Life Parental Rights State Positive Obligations Effective Remedies

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Parties

David Bittoun

Applicant

Republic of Moldova

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment by Second Section Committee

  1. 1 Whether Moldovan authorities failed to take adequate measures to enable the applicant to maintain contact with his daughter, violating Article 8 ECHR
  2. 2 Whether there was an effective domestic remedy as required by Article 13 ECHR

Ratio Decidendi

The Moldovan legal framework, as applied, did not provide the applicant with adequate and effective protection of his right to maintain contact with his daughter, as required by Article 8 ECHR. Authorities failed to take all reasonable measures to facilitate visitation, and the remedies available were ineffective in practice.

Court Disposition

Application allowed in part; violation of Article 8 ECHR found; no separate examination under Article 13.

Orders

  • Respondent state to pay applicant 7,500 EUR for non-pecuniary damage within three months.
  • Respondent state to pay applicant 2,000 EUR for costs and expenses within three months.