CINCIMINO v. ITALY - 68884/13 (Judgment (Merits and Just Satisfaction) : Court (First Section)) French Text [2016] ECHR 401 (28 April 2016)

CINCIMINO v. ITALY - 68884/13 (Judgment (Merits and Just Satisfaction) : Court (First Section)) French Text [2016] ECHR 401 (28 April 2016)

The Court found that the Italian authorities failed to ensure a fair decision-making process by not ordering a recent, independent psychiatric assessment of the applicant before continuing to deny her contact with her daughter. The authorities relied on outdated expert opinions and did not adequately consider...

Source-derived case information.

Citation
[2016] ECHR 401
Parties
Applicant: Rosalia Cincimino; 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, Parental Authority, Child Custody, Procedural Fairness, Positive Obligations of the State
Human Rights Law Family Law Right to Respect for Family Life Parental Authority Child Custody Procedural Fairness Positive Obligations of the State

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Parties

Rosalia Cincimino

Applicant

Republic of Italy

Respondent

Procedural Posture

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

  1. 1 Whether the Italian authorities violated Article 8 of the European Convention on Human Rights by failing to maintain the applicant's relationship with her daughter and by not ensuring procedural fairness in the decision-making process.

Ratio Decidendi

The Court found that the Italian authorities failed to ensure a fair decision-making process by not ordering a recent, independent psychiatric assessment of the applicant before continuing to deny her contact with her daughter. The authorities relied on outdated expert opinions and did not adequately consider whether the applicant's situation had changed. This procedural deficiency violated the State's positive obligations under Article 8 to maintain family ties and ensure procedural fairness.

Court Disposition

Violation of Article 8 of the Convention found.

Orders

  • The State must pay the applicant 32,000 EUR for non-pecuniary damage.
  • The State must pay the applicant 20,000 EUR for costs and expenses.