Applicant name X. and Y.
Applicant type Natural person
Country Germany
Decision no.8059/77
Institution Commission
Type Decision
Outcome Art. 8 Inadmissible
Reason Manifestly ill-founded (health)
Type of privacy Family privacy
Keywords Child placed outside home
Facts of the case Child is placed outside the home of the applicants (mother and steph-father)
Analysis The Commission stresses first that only under “the most pressing grounds” can a child be placed outside her parents home, therewith emphasing that the right of parents to raise their child is one of the strongests rights under Article 8 ECHR. However, it feels that such was justified in the circumstances of the case, refering to the living circumstances, neglect by parents and the attempted suicide of the child. It refers not to the child’s rights and freedoms, nor to the protection of health and morals, but to the child’s health as legitimate ground for interfering with the parent’s rights.
Documents Decision