M.K. v. LUXEMBOURG - 51746/18 (Judgment : No Right to respect for private and family life : Third Section) French Text [2021] ECHR 401 (18 May 2021)

M.K. v. LUXEMBOURG - 51746/18 (Judgment : No Right to respect for private and family life : Third Section) French Text [2021] ECHR 401 (18 May 2021)

The placement under curatorship for prodigality was 'foreseeable by law', pursued legitimate aims (protection of applicant and economic welfare), and was proportionate. The authorities conducted a thorough assessment, involved the applicant, and balanced her autonomy with protection. No violation of Article 8 ECHR...

Source-derived case information.

Citation
[2021] ECHR 401
Parties
Applicant: Mme M. K.; Respondent: Grand-Duché de Luxembourg
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Final Judgment
Outcome
application dismissed; no violation found
Legal Topics
Right to Respect for Private and Family Life, Curatorship, Proportionality, Legal Capacity, Protection of Vulnerable Adults
Human Rights Civil Law Right to Respect for Private and Family Life Curatorship Proportionality Legal Capacity Protection of Vulnerable Adults

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Parties

Mme M. K.

Applicant

Grand-Duché de Luxembourg

Respondent

Procedural Posture

Application Under Article 34 ECHR / Final Judgment

  1. 1 Whether placement under simple curatorship for prodigality violates Article 8 ECHR
  2. 2 Whether the interference was 'foreseeable', pursued a legitimate aim, and was proportionate

Ratio Decidendi

The placement under curatorship for prodigality was 'foreseeable by law', pursued legitimate aims (protection of applicant and economic welfare), and was proportionate. The authorities conducted a thorough assessment, involved the applicant, and balanced her autonomy with protection. No violation of Article 8 ECHR occurred.

Court Disposition

application dismissed; no violation found

Orders

  • The application is declared admissible.
  • There is no violation of Article 8 of the Convention.