Applicant name X. and Y.
Applicant type Natural Person
Country Austria
Decision no. 900/60
Date 08/05/1962
Institution Commission
Type Decision
Outcome Art. 8 Inadmissible
Reason Manifestly ill-founded
Type of privacy Family Privacy
Keywords Custody; guardianship; rights and freedoms of others;
Facts of the case Father has been convicted for violence and aggression towards his children. After release, he continues to terrorize his family. His daughter herself begins to show offensive behaviour and asks to be protected against her farther. She is taken away from the care of her parents and placed into an institution on the order of a court.
Analysis The Commission makes clear that the decision to place the daughter out of home was based on the Youth Protection Act and in the interests of the child. Consequently, the infringement of the right to family life is legitimized because all requirements of Article 8 § 2 have been fulfilled.
Documents Decision