Applicant name X.
Applicant type Natural person
Country Germany
Decision no. 4185/69
Date 13/07/1970
Institution Commission (Plenary)
Type Decision
Outcome Art. 8 Inadmissible
Reason No interference; manifestly ill-founded (health and morals)
Type of privacy Family privacy
Keywords Prisoner’s wife; disruption family life
Facts of the case Man has been placed in a mental institution after sexually assaulting his wife; this was due to a pathological form of jealousy. Now, his wife complains of a disruption of her family life, both because he is away and because she was denied custody over her children.
Analysis As regard the disruption of family life, the Commission reiterates its standard jurisprudence that it is an inherent feature of a lawful detention that the person detained should be restricted in his personal liberty including, as in the present case, separation from his family and his household. As regard the custody over her children, the Commission notes that such is necessary in light of the protection of health and morals. Although the Commission has sometimes referred to the ground of the protection of rights and interests of others when it concerns the custody over children, it refers to health and morals in this cases, as it did in its first jurisprudence on these matters. Why it chooses a different rationale, the Commission does not make clear.
Documents Decision