PONTES v. PORTUGAL - 19554/09 (French text) [2012] ECHR 1573 (10 April 2012)

PONTES v. PORTUGAL - 19554/09 (French text) [2012] ECHR 1573 (10 April 2012)

The Court found that the Portuguese authorities failed to maintain a fair balance between the interests of the child and the applicants. The authorities did not take all reasonable measures to maintain family ties, unjustifiably restricted contact between the applicants and their son, and did not consider less...

Source-derived case information.

Citation
[2012] ECHR 1573
Parties
Applicant: Eugénio Manuel Paulino Pontes; Applicant: Francisca Alexandra Ganchinho Garcês Pontes; Respondent: Republic of Portugal
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Final Judgment
Outcome
Violation of Article 8 of the Convention; no violation of Article 14 or Protocol No. 12; claim for annulment of adoption rejected; compensation awarded.
Legal Topics
Right to Respect for Family Life, Child Protection, Adoption, Parental Rights, Procedural Fairness
Human Rights Law Family Law Right to Respect for Family Life Child Protection Adoption Parental Rights Procedural Fairness

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Parties

Eugénio Manuel Paulino Pontes

Applicant

Francisca Alexandra Ganchinho Garcês Pontes

Applicant

Republic of Portugal

Respondent

Procedural Posture

Application to the European Court of Human Rights / Final Judgment

  1. 1 Whether the deprivation of parental authority, suppression of visitation rights, and placement of the applicants' child for adoption violated Article 8 of the European Convention on Human Rights (right to respect for family life)
  2. 2 Whether the applicants were discriminated against in violation of Article 14 of the Convention and Article 1 of Protocol No. 12 due to their history of drug addiction

Ratio Decidendi

The Court found that the Portuguese authorities failed to maintain a fair balance between the interests of the child and the applicants. The authorities did not take all reasonable measures to maintain family ties, unjustifiably restricted contact between the applicants and their son, and did not consider less radical alternatives to adoption. The decision to place the child for adoption was not based on sufficient and relevant reasons and was disproportionate, violating Article 8 of the Convention.

Court Disposition

Violation of Article 8 of the Convention; no violation of Article 14 or Protocol No. 12; claim for annulment of adoption rejected; compensation awarded.

Orders

  • The respondent State must pay jointly to the applicants 32,500 EUR for non-pecuniary damage and 5,000 EUR for costs and expenses within three months, plus any tax chargeable.
  • From the expiry of the three-month period until settlement, simple interest at the marginal lending rate of the European Central Bank plus three percentage points is to be paid.