M.T.S. AND M.J.S. v. PORTUGAL - 39848/19 (Locus standi - Exceptional circumstances allowing the daughter to file the application on behalf of her mother in relation to the proceedings leading to the appointment of her brother as guardian of their mother - Remainder inadmissible : Fourth Section) French Text [2024] ECHR 897 (10 December 2024)

M.T.S. AND M.J.S. v. PORTUGAL - 39848/19 (Locus standi - Exceptional circumstances allowing the daughter to file the application on behalf of her mother in relation to the proceedings leading to the appointment of her brother as guardian of their mother - Remainder inadmissible : Fourth Section) French Text [2024] ECHR 897 (10 December 2024)

Exceptional circumstances justified the daughter's locus standi to file the application on behalf of her mother, given the mother's incapacity and the risk of deprivation of effective protection. The process leading to the appointment of the brother as guardian lacked sufficient procedural safeguards and failed to...

Source-derived case information.

Citation
[2024] ECHR 897
Parties
Applicant: M. T. S.; Applicant: M. J. S.; Respondent: Republic of Portugal
Jurisdiction
European Union
Procedural Posture
Application to European Court of Human Rights / Final Judgment
Outcome
Application partly admissible; violation of Article 8 found.
Legal Topics
Locus Standi, Guardianship, Right to Private and Family Life, Disability Rights, Procedural Fairness
Human Rights Civil Procedure Family Law Locus Standi Guardianship Right to Private and Family Life Disability Rights Procedural Fairness

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Summary, issues, holding and outcome

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Parties

M. T. S.

Applicant

M. J. S.

Applicant

Republic of Portugal

Respondent

Procedural Posture

Application to European Court of Human Rights / Final Judgment

  1. 1 Whether exceptional circumstances allow the daughter to file the application on behalf of her mother
  2. 2 Whether the process for appointing a guardian violated Article 8 (right to private and family life)
  3. 3 Whether procedural safeguards were sufficient to protect the interests of the incapacitated person

Ratio Decidendi

Exceptional circumstances justified the daughter's locus standi to file the application on behalf of her mother, given the mother's incapacity and the risk of deprivation of effective protection. The process leading to the appointment of the brother as guardian lacked sufficient procedural safeguards and failed to adequately consider the mother's wishes, resulting in a violation of Article 8 (right to private and family life).

Court Disposition

Application partly admissible; violation of Article 8 found.

Orders

  • Exceptional circumstances allow the daughter to file the application on behalf of her mother.
  • Portugal violated Article 8 by failing to provide sufficient procedural safeguards in the guardianship appointment.