S.H. v. ITALY - 52557/14 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section)) French Text [2015] ECHR 876 (13 October 2015)

S.H. v. ITALY - 52557/14 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section)) French Text [2015] ECHR 876 (13 October 2015)

Italian authorities failed to deploy adequate and sufficient efforts to preserve the applicant's right to live with her children, opting for irreversible severance of family ties when less radical, practicable solutions were available, thus violating Article 8 of the Convention.

Source-derived case information.

Citation
[2015] ECHR 876
Parties
Applicant: Mme S. H.; Respondent: Republic of Italy
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment (merits and Just Satisfaction)
Outcome
violation of Article 8 of the Convention found
Legal Topics
Right to Respect for Family Life, Adoption, State Intervention in Family, Positive Obligations Under Article 8
Human Rights Family Law Right to Respect for Family Life Adoption State Intervention in Family Positive Obligations Under Article 8

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Parties

Mme S. H.

Applicant

Republic of Italy

Respondent

Procedural Posture

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

  1. 1 Whether the declaration of adoptability and severance of maternal ties violated Article 8 of the Convention
  2. 2 Whether Italian authorities took all necessary and adequate measures to preserve the applicant's right to family life

Ratio Decidendi

Italian authorities failed to deploy adequate and sufficient efforts to preserve the applicant's right to live with her children, opting for irreversible severance of family ties when less radical, practicable solutions were available, thus violating Article 8 of the Convention.

Court Disposition

violation of Article 8 of the Convention found

Orders

  • State must pay applicant 32,000 EUR for moral damages within three months of finality of judgment, plus any applicable taxes.
  • Interest at the marginal lending facility rate of the European Central Bank plus three percentage points applies after the deadline until payment.