AKINNIBOSUN v. ITALY - 9056/14 - Chamber Judgment (French Text) [2015] ECHR 697 (16 July 2015)

AKINNIBOSUN v. ITALY - 9056/14 - Chamber Judgment (French Text) [2015] ECHR 697 (16 July 2015)

Italian authorities failed to deploy adequate and sufficient efforts to preserve the applicant's right to family life with his daughter, did not facilitate reunification or provide targeted social assistance, and relied exclusively on social service reports without expert evaluation. The severance of parental ties...

Source-derived case information.

Citation
[2015] ECHR 697
Parties
Applicant: Eyitope Akinnibosun; Respondent: Republic of Italy
Jurisdiction
European Union
Procedural Posture
Application to European Court of Human Rights / Final Judgment
Outcome
Violation of Article 8 ECHR found; application allowed in part.
Legal Topics
Right to Respect for Family Life, Child Adoption, State Obligations, Article 8 ECHR, Article 41 ECHR
Human Rights Law Family Law International Law Right to Respect for Family Life Child Adoption State Obligations Article 8 ECHR Article 41 ECHR

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 4 Authorities cited 34 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Eyitope Akinnibosun

Applicant

Republic of Italy

Respondent

Procedural Posture

Application to European Court of Human Rights / Final Judgment

  1. 1 Whether Italian authorities violated Article 8 ECHR by failing to preserve the applicant's right to family life with his daughter
  2. 2 Whether adequate measures were taken to facilitate contact and reunification
  3. 3 Whether the adoption process and severance of parental ties were justified

Ratio Decidendi

Italian authorities failed to deploy adequate and sufficient efforts to preserve the applicant's right to family life with his daughter, did not facilitate reunification or provide targeted social assistance, and relied exclusively on social service reports without expert evaluation. The severance of parental ties and adoption were not preceded by serious assessment or attempts at rapprochement, violating Article 8 ECHR.

Court Disposition

Violation of Article 8 ECHR found; application allowed in part.

Orders

  • State must pay applicant 32,000 EUR for moral damages.
  • State must pay applicant 5,000 EUR for costs and expenses.