Judgement 8324/18

Applicant name TÓTH
Applicant type Natural person
Number of applicants1
Country Hungary
Application no. 8324/18 
Date 19/10/2023
Judges Alena Poláčková, President,
 Péter Paczolay,
 Gilberto Felici,
Institution Court
Type Judgment
Outcome Art. 8 Violation
Reason Positive obligation
Type of privacy Procedural privacy; relational privacy
Keywords Contact rights child not enforced
Facts of the case The case concerns the applicant’s complaint under Article 8 of the Convention that the Hungarian authorities had failed to enforce decisions in relation to his contact rights with his son.
Analysis The Court recalls that there are inplicit procedural requirements in Article 8 ECHR and that coutries have a positive obligation to act swiftly and exercise exceptional diligence to facilitate the enforcement of the contact arrangements set out in court decisions. Applicant had requested muttiple times that his contact rights with his child should be enforced, but in only one instance did that lead to an enforcement decision by the court, more than 2 years ofter the complaint. Consequently, the Court finds a violation of Article 8 ECHR.
Other Article violation?
Damage awarded that the respondent State is to pay the applicant, within three months, the following amounts, to be converted into the currency of the respondent State at the rate applicable at the date of settlement:
(i) EUR 6,000 (six thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage;
(ii) EUR 1,500 (one thousand five hundred euros), plus any tax that may be chargeable to the applicant, in respect of costs and expenses;
Documents Judgment