JESSICA MARCHI v. ITALY - 54978/17 (Judgment : No Right to respect for private and family life : First Section) French Text [2021] ECHR 445 (27 May 2021)

JESSICA MARCHI v. ITALY - 54978/17 (Judgment : No Right to respect for private and family life : First Section) French Text [2021] ECHR 445 (27 May 2021)

The Court found that the revocation of the child's placement constituted an interference with the applicant's private life, but was lawful, pursued the legitimate aim of protecting the child's interests, and was proportionate. The applicant had sufficient procedural participation and access to relevant documents. No...

Source-derived case information.

Citation
[2021] ECHR 445
Parties
Applicant: Jessica Marchi; Respondent: Republic of Italy
Jurisdiction
European Union
Procedural Posture
Application to European Court of Human Rights / Final Judgment
Outcome
application dismissed
Legal Topics
Article 8 ECHR Right to Respect for Private and Family Life, Adoption Procedures, Placement of Children, Access to Personal Data, Procedural Rights
Human Rights Family Law Child Protection Article 8 ECHR Right to Respect for Private and Family Life Adoption Procedures Placement of Children Access to Personal Data Procedural Rights

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Parties

Jessica Marchi

Applicant

Republic of Italy

Respondent

Procedural Posture

Application to European Court of Human Rights / Final Judgment

  1. 1 Whether the revocation of the child's placement violated the applicant's right to respect for private and family life under Article 8 ECHR
  2. 2 Whether the applicant had adequate procedural participation and access to relevant documents
  3. 3 Whether there was an effective remedy under Article 13 ECHR

Ratio Decidendi

The Court found that the revocation of the child's placement constituted an interference with the applicant's private life, but was lawful, pursued the legitimate aim of protecting the child's interests, and was proportionate. The applicant had sufficient procedural participation and access to relevant documents. No violation of Article 8 ECHR was established.

Court Disposition

application dismissed

Orders

  • The application is declared admissible as regards the alleged violation of the right to respect for private life due to revocation of placement and procedural participation, inadmissible for the remainder.
  • No violation of Article 8 ECHR found.