OMOREFE v. SPAIN - 69339/16 (Judgment : Right to respect for private and family life : Third Section) French Text [2020] ECHR 464 (23 June 2020)

OMOREFE v. SPAIN - 69339/16 (Judgment : Right to respect for private and family life : Third Section) French Text [2020] ECHR 464 (23 June 2020)

The Court found that the Spanish authorities failed to provide adequate support to the applicant to improve her parental abilities and socio-economic situation, did not properly assess her progress, prematurely suspended her contact with her child, and proceeded to adoption without her consent or sufficient judicial...

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Citation
[2020] ECHR 464
Parties
Applicant: Pat Omorefe; Respondent: Kingdom of Spain
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Final Judgment
Outcome
Violation of Article 8 of the Convention found.
Legal Topics
Right to Respect for Private and Family Life, Child Protection, Adoption Without Parental Consent, State Positive Obligations, Procedural Fairness in Child Custody
Human Rights Law Family Law Right to Respect for Private and Family Life Child Protection Adoption Without Parental Consent State Positive Obligations Procedural Fairness in Child Custody

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Parties

Pat Omorefe

Applicant

Kingdom of Spain

Respondent

Procedural Posture

Application to the European Court of Human Rights / Final Judgment

  1. 1 Whether the Spanish authorities violated Article 8 of the European Convention on Human Rights by failing to ensure the applicant's right to respect for her private and family life during the placement and adoption of her son.

Ratio Decidendi

The Court found that the Spanish authorities failed to provide adequate support to the applicant to improve her parental abilities and socio-economic situation, did not properly assess her progress, prematurely suspended her contact with her child, and proceeded to adoption without her consent or sufficient judicial safeguards. The process did not adequately balance the interests of the applicant and her child, nor did it ensure procedural fairness or respect for the applicant's right to family life under Article 8. Thus, there was a violation of Article 8 of the Convention.

Court Disposition

Violation of Article 8 of the Convention found.

Orders

  • Spanish authorities are invited to promptly re-examine the situation of the applicant and her minor son, considering the current circumstances and the child's best interests, and to consider the possibility of establishing some form of contact between them.