GOZUM v. TURKEY - 4789/10 - Chamber Judgment (French Text) [2015] ECHR 62 (20 January 2015)

GOZUM v. TURKEY - 4789/10 - Chamber Judgment (French Text) [2015] ECHR 62 (20 January 2015)

The refusal by Turkish authorities and courts to register the applicant's first name as the mother of her adoptive child, due to a legal gap in the civil code regarding single-parent adoptions, constituted a violation of Article 8 of the Convention. The lack of a clear legal framework and the absence of...

Source-derived case information.

Citation
[2015] ECHR 62
Parties
Applicant: Nigar Gözüm; Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Chamber Judgment
Outcome
Violation of Article 8 found; no need to examine Article 14 or Article 6 claims separately; just satisfaction awarded.
Legal Topics
Right to Respect for Private and Family Life, Discrimination, Adoption, Civil Status Registration, Access to Justice
Human Rights Law Family Law Right to Respect for Private and Family Life Discrimination Adoption Civil Status Registration Access to Justice

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Parties

Nigar Gözüm

Applicant

Republic of Turkey

Respondent

Procedural Posture

Application to the European Court of Human Rights / Chamber Judgment

  1. 1 Whether the refusal to register the applicant's first name as the mother of her adoptive child violated Article 8 (right to respect for private and family life) of the Convention, alone and/or in conjunction with Article 14 (prohibition of discrimination)
  2. 2 Whether the applicant ceased to be a victim after legislative reform and administrative correction
  3. 3 Whether the applicant suffered a violation of Article 6 (right to a fair trial)

Ratio Decidendi

The refusal by Turkish authorities and courts to register the applicant's first name as the mother of her adoptive child, due to a legal gap in the civil code regarding single-parent adoptions, constituted a violation of Article 8 of the Convention. The lack of a clear legal framework and the absence of individualized judicial assessment failed to provide sufficient protection for the applicant's right to private and family life. The subsequent legislative reform and administrative correction did not retroactively remedy the violation or remove the applicant's victim status.

Court Disposition

Violation of Article 8 found; no need to examine Article 14 or Article 6 claims separately; just satisfaction awarded.

Orders

  • The State must pay the applicant 2,500 EUR for non-pecuniary damage, convertible to local currency at the date of payment, plus any tax due.
  • The State must pay the applicant 3,000 EUR for costs and expenses, convertible to local currency at the date of payment, plus any tax due.