BAGNIEWSKI v. POLAND - 28475/14 (Judgment : No Article 8 - Right to respect for private and family life : First Section) French Text [2018] ECHR 445 (31 May 2018)

BAGNIEWSKI v. POLAND - 28475/14 (Judgment : No Article 8 - Right to respect for private and family life : First Section) French Text [2018] ECHR 445 (31 May 2018)

The refusal to admit extrajudicial DNA evidence and inability to compel a child to undergo DNA testing did not violate Article 8 ECHR, as the national courts balanced the interests of the applicant and the child, and the applicant failed to provide sufficient reliable evidence to rebut the presumption of paternity....

Source-derived case information.

Citation
[2018] ECHR 445
Parties
Applicant: Jacek Bagniewski; Respondent: Republic of Poland
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Final Judgment
Outcome
Application rejected; no violation found.
Legal Topics
Right to Respect for Private and Family Life, Presumption of Paternity, DNA Evidence, Access to Court, Discrimination
Human Rights Family Law Civil Procedure Right to Respect for Private and Family Life Presumption of Paternity DNA Evidence Access to Court Discrimination

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Parties

Jacek Bagniewski

Applicant

Republic of Poland

Respondent

Procedural Posture

Application Under Article 34 ECHR / Final Judgment

  1. 1 Whether the refusal to admit extrajudicial DNA evidence and the inability to compel a child to undergo DNA testing violates Article 8 ECHR
  2. 2 Whether the applicant was discriminated against in violation of Article 14 ECHR
  3. 3 Whether limitations on cassation appeals violate Article 6 ECHR

Ratio Decidendi

The refusal to admit extrajudicial DNA evidence and inability to compel a child to undergo DNA testing did not violate Article 8 ECHR, as the national courts balanced the interests of the applicant and the child, and the applicant failed to provide sufficient reliable evidence to rebut the presumption of paternity. No discrimination or violation of access to court was found.

Court Disposition

Application rejected; no violation found.

Orders

  • The application is declared admissible as to Article 8 ECHR and inadmissible as to the remainder.
  • It is held that there has been no violation of Article 8 ECHR.