SOARES DE MELO v. PORTUGAL - 72850/14 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section)) French Text [2016] ECHR 186 (16 February 2016)

SOARES DE MELO v. PORTUGAL - 72850/14 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section)) French Text [2016] ECHR 186 (16 February 2016)

The Court found that the removal and placement of the applicant's children for adoption constituted an interference with her right to respect for family life under Article 8 ECHR. The domestic authorities failed to demonstrate that the measure was proportionate and necessary, particularly given the lack of adequate...

Source-derived case information.

Citation
[2016] ECHR 186
Parties
Applicant: Liliana Sallete Soares de Melo; Respondent: Government of Portugal
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment (merits and Just Satisfaction)
Outcome
Violation of Article 8 ECHR found
Legal Topics
Right to Respect for Family Life, Child Removal and Adoption, Procedural Fairness, Parental Authority, State Intervention in Family, Legal Representation
Human Rights Family Law Child Protection Right to Respect for Family Life Child Removal and Adoption Procedural Fairness Parental Authority State Intervention in Family +1 more

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 3 Authorities cited 7 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Liliana Sallete Soares de Melo

Applicant

Government of Portugal

Respondent

Procedural Posture

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

  1. 1 Whether the removal and placement of applicant's children for adoption violated Article 8 of the European Convention on Human Rights
  2. 2 Whether procedural safeguards and fairness were observed in the domestic proceedings
  3. 3 Whether the applicant's lack of legal representation and notification constituted a violation

Ratio Decidendi

The Court found that the removal and placement of the applicant's children for adoption constituted an interference with her right to respect for family life under Article 8 ECHR. The domestic authorities failed to demonstrate that the measure was proportionate and necessary, particularly given the lack of adequate procedural safeguards, insufficient consideration of less severe alternatives, and improper reliance on the applicant's refusal to undergo sterilization. The procedural deficiencies, including lack of effective legal representation and notification, rendered the process unfair. Accordingly, there was a violation of Article 8.

Court Disposition

Violation of Article 8 ECHR found

Orders

  • Portugal to pay applicant EUR 15,000 in respect of non-pecuniary damage
  • Portugal to pay applicant EUR 5,000 for costs and expenses