TERNA v. ITALY - 21052/18 (Judgment : Right to respect for private and family life : First Section) French Text [2021] ECHR 21 (14 January 2021)

TERNA v. ITALY - 21052/18 (Judgment : Right to respect for private and family life : First Section) French Text [2021] ECHR 21 (14 January 2021)

The Court found that the Italian authorities failed to take adequate and sufficient measures to ensure the applicant's right of contact with her granddaughter, despite judicial decisions in her favor. The authorities allowed a de facto situation to persist in violation of court orders, without considering the...

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Citation
[2021] ECHR 21
Parties
Applicant: Emilia Terna; Respondent: Republic of Italy
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment
Outcome
Violation of Article 8; No violation of Article 14 in conjunction with Article 8; No separate examination of Article 13; Just satisfaction awarded.
Legal Topics
Right to Respect for Private and Family Life, Child Custody and Placement, Discrimination, Procedural Obligations of the State, Best Interests of the Child
Human Rights Law Family Law Right to Respect for Private and Family Life Child Custody and Placement Discrimination Procedural Obligations of the State Best Interests of the Child

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Parties

Emilia Terna

Applicant

Republic of Italy

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment

  1. 1 Whether the Italian authorities violated the applicant's right to respect for family life under Article 8 of the Convention by failing to ensure her right of contact with her granddaughter
  2. 2 Whether the applicant was discriminated against on the basis of ethnic origin in violation of Article 14 in conjunction with Article 8
  3. 3 Whether there was an effective remedy under Article 13

Ratio Decidendi

The Court found that the Italian authorities failed to take adequate and sufficient measures to ensure the applicant's right of contact with her granddaughter, despite judicial decisions in her favor. The authorities allowed a de facto situation to persist in violation of court orders, without considering the long-term effects of permanent separation. This constituted a violation of Article 8. However, the Court found no evidence that the placement or interruption of contact was motivated by ethnic origin, and thus no violation of Article 14 in conjunction with Article 8.

Court Disposition

Violation of Article 8; No violation of Article 14 in conjunction with Article 8; No separate examination of Article 13; Just satisfaction awarded.

Orders

  • The respondent state must pay the applicant 4,000 EUR for non-pecuniary damage within three months of the judgment becoming final.
  • The respondent state must pay the applicant 10,000 EUR for costs and expenses within three months of the judgment becoming final.