Sahin and Sommerfeld v Germany - 30943/96 [2010] ECHR 585 (4 March 2010)

Sahin and Sommerfeld v Germany - 30943/96 [2010] ECHR 585 (4 March 2010)

The Court found that the applicants were subjected to discriminatory treatment under German law, which imposed unjustifiably different criteria for fathers of children born out of wedlock regarding access rights and, in one case, the right to appeal, violating Article 14 in conjunction with Article 8 of the Convention.

Citation
[2010] ECHR 585
Parties
Applicant: Sahin; Applicant: Sommerfeld; Respondent: Germany
Jurisdiction
European Union
Judgment Date
04 March 2010
Procedural Posture
European Court of Human Rights Judgment Execution / Post Judgment Supervision and Closure by Committee of Ministers
Outcome
Supervision closed; Germany found to have complied with its obligations under Article 46(1) of the Convention.
Legal Topics
Discrimination, Child Access Rights, Parental Rights, Children Born Out of Wedlock, Right to Appeal
Human Rights Law Family Law Discrimination Child Access Rights Parental Rights Children Born Out of Wedlock Right to Appeal

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Parties

Sahin

Applicant

Sommerfeld

Applicant

Germany

Respondent

Procedural Posture

European Court of Human Rights Judgment Execution / Post Judgment Supervision and Closure by Committee of Ministers

Legal Issues

  1. 1 Whether the applicants suffered discriminatory treatment in access to their children born out of wedlock under German law
  2. 2 Whether the lack of further appeal for fathers of children born out of wedlock constituted discrimination

Ratio Decidendi

The Court found that the applicants were subjected to discriminatory treatment under German law, which imposed unjustifiably different criteria for fathers of children born out of wedlock regarding access rights and, in one case, the right to appeal, violating Article 14 in conjunction with Article 8 of the Convention.

Court Disposition

Supervision closed; Germany found to have complied with its obligations under Article 46(1) of the Convention.

Orders

  • Payment of just satisfaction to applicants as specified in the judgments
  • No further individual measures required as children are now of age