ZAMBOTTO PERRIN v. FRANCE - 4962/11 - Chamber Judgment (French text) [2013] ECHR 883 (26 September 2013)

ZAMBOTTO PERRIN v. FRANCE - 4962/11 - Chamber Judgment (French text) [2013] ECHR 883 (26 September 2013)

The Court found that the declaration of abandonment and adoption were lawful, pursued a legitimate aim (protection of the child), and were necessary and proportionate, given the tenuous family ties and the applicant's limited manifestations of interest. The process, including appeal, allowed the applicant to...

Source-derived case information.

Citation
[2013] ECHR 883
Parties
Applicant: Sylvie Zambotto Perrin; Respondent: French Government
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Chamber Judgment
Outcome
No violation of Article 8; Article 5 claim inadmissible
Legal Topics
Right to Respect for Family Life, Adoption, Judicial Declaration of Abandonment, Hospitalization Without Consent, Procedural Safeguards for Protected Adults
Human Rights Law Family Law Mental Health Law Right to Respect for Family Life Adoption Judicial Declaration of Abandonment Hospitalization Without Consent Procedural Safeguards for Protected Adults

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Parties

Sylvie Zambotto Perrin

Applicant

French Government

Respondent

Procedural Posture

Application to the European Court of Human Rights / Chamber Judgment

  1. 1 Whether the judicial declaration of abandonment and subsequent adoption of the applicant's daughter violated Article 8 of the European Convention on Human Rights (right to respect for family life)
  2. 2 Whether the applicant's involuntary hospitalizations violated Article 5 of the Convention (right to liberty and security)

Ratio Decidendi

The Court found that the declaration of abandonment and adoption were lawful, pursued a legitimate aim (protection of the child), and were necessary and proportionate, given the tenuous family ties and the applicant's limited manifestations of interest. The process, including appeal, allowed the applicant to participate and present arguments, and her protected status was sufficiently considered. No violation of Article 8 was found. The Article 5 claim was inadmissible for failure to exhaust domestic remedies.

Court Disposition

No violation of Article 8; Article 5 claim inadmissible

Orders

  • The application is declared admissible as to Article 8 and inadmissible as to the remainder.
  • It is held that there has been no violation of Article 8 of the Convention.