MANDET v. FRANCE - 30955/12 (Judgment (Merits and Just Satisfaction) : Court (Fifth Section)) French Text [2016] ECHR 82 (14 January 2016)

MANDET v. FRANCE - 30955/12 (Judgment (Merits and Just Satisfaction) : Court (Fifth Section)) French Text [2016] ECHR 82 (14 January 2016)

The annulment of paternity recognition and legitimation, and the designation of the biological father, constituted an interference with the child's right to respect for private and family life under Article 8 ECHR. The interference was lawful, pursued a legitimate aim (protection of rights of the biological parent),...

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Citation
[2016] ECHR 82
Parties
Applicant: Florence Mandet née Guillerm; Applicant: Jacques Mandet; Applicant: Aloïs Mandet; Respondent: République française; Intervenor: Marc Glouzmann
Jurisdiction
European Union
Procedural Posture
Application to European Court of Human Rights / Final Judgment (merits and Just Satisfaction)
Outcome
application partly admissible; no violation of Article 8 ECHR found for the child; remainder inadmissible
Legal Topics
Right to Respect for Private and Family Life, Contestation of Paternity, Child's Identity, Interest Superior of the Child, Procedural Fairness
Human Rights Law Family Law Right to Respect for Private and Family Life Contestation of Paternity Child's Identity Interest Superior of the Child Procedural Fairness

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Summary, issues, holding and outcome

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Parties

Florence Mandet née Guillerm

Applicant

Jacques Mandet

Applicant

Aloïs Mandet

Applicant

République française

Respondent

Marc Glouzmann

Intervenor

Procedural Posture

Application to European Court of Human Rights / Final Judgment (merits and Just Satisfaction)

  1. 1 Whether the annulment of paternity recognition and legitimation violated Article 8 ECHR for the child
  2. 2 Whether the French courts' decisions respected the child's right to private and family life
  3. 3 Whether the child was sufficiently involved in the process

Ratio Decidendi

The annulment of paternity recognition and legitimation, and the designation of the biological father, constituted an interference with the child's right to respect for private and family life under Article 8 ECHR. The interference was lawful, pursued a legitimate aim (protection of rights of the biological parent), and was proportionate. The French courts placed the child's interest at the center, involved him in the process, and did not exceed their margin of appreciation. No violation of Article 8 was found regarding the child.

Court Disposition

application partly admissible; no violation of Article 8 ECHR found for the child; remainder inadmissible

Orders

  • application declared admissible only for the child under Article 8 ECHR
  • application declared inadmissible for the parents