ZHOU v. ITALY - 33773/11 - Chamber Judgment (French Text) [2014] ECHR 69 (21 January 2014)

ZHOU v. ITALY - 33773/11 - Chamber Judgment (French Text) [2014] ECHR 69 (21 January 2014)

Italian authorities failed to take adequate and sufficient measures to preserve the bond between the applicant and her child before breaking it through adoption. The decision to proceed with full adoption was not convincingly justified by the child's best interests, and alternatives such as 'simple adoption' were...

Source-derived case information.

Citation
[2014] ECHR 69
Parties
Applicant: Jiaoqin Zhou; Respondent: Republic of Italy
Jurisdiction
European Union
Procedural Posture
Application to European Court of Human Rights / Chamber Judgment
Outcome
Violation of Article 8 found; application allowed in part
Legal Topics
Right to Respect for Family Life, Adoption, State Obligations Under Article 8, Margin of Appreciation, Satisfaction Equitable
Human Rights Family Law Right to Respect for Family Life Adoption State Obligations Under Article 8 Margin of Appreciation Satisfaction Equitable

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Parties

Jiaoqin Zhou

Applicant

Republic of Italy

Respondent

Procedural Posture

Application to European Court of Human Rights / Chamber Judgment

  1. 1 Whether the adoption of the applicant's child violated her right to respect for family life under Article 8 of the Convention
  2. 2 Whether Italian authorities took adequate measures to preserve the family bond before breaking it
  3. 3 Whether the interruption of contact between mother and child was justified

Ratio Decidendi

Italian authorities failed to take adequate and sufficient measures to preserve the bond between the applicant and her child before breaking it through adoption. The decision to proceed with full adoption was not convincingly justified by the child's best interests, and alternatives such as 'simple adoption' were not properly considered. The interruption of contact and lack of social support violated the applicant's right to respect for family life under Article 8.

Court Disposition

Violation of Article 8 found; application allowed in part

Orders

  • State to pay applicant 40,000 EUR for moral damages
  • State to pay applicant 5,655.83 EUR for costs and expenses