Applicant name X. and Y.
Applicant type Natural person
Country The Netherlands
Decision no. 6753/74
Date 19/12/1974
Institution Commission
Type Decision
Outcome Art. 8 Inadmissible
Reason Manifestly ill-founded (health and morals)
Type of privacy Private life
Keywords Obligation to live with parents; even if
Facts of the case Adolescent has a boyfriend, which is disapproved of by her parents. She runs away with her boyfriend, but is returned to her parents by the police.
Analysis Interesting case because of a number of reasons.

1. First, the Commission uses the rationale of ‘health and morals’ as originally intended.
2. Second, the Commission uses an ‘even if’ reasoning. It stresses that ‘even if’ the adolescent and her boyfriend had something which should be considered ‘private life’ (which it does not want to establish), [‘Even assuming that the wish of the applicant to be with her boyfriend, or her staying with him for a few days, could constitute private life,’] it would still be in the interest of her health and morals to be returned to her parents.
3. Third, it stresses that ‘As a general proposition, and in the absence of any special circumstances, the obligation of children to reside with their parents and to be otherwise subjected to a particular control is necessary for the protection of children’s health and morals, although it might constitute, from a particular child’s point of view, an interference with his or her own private life.’

Documents Decision