Judgment 27700/15

Applicant name KILIC
Applicant type natural person
Number of applicants 2
Application no. 27700/15
Date 12/01/2023
Judges Síofra O’Leary, President,
 Gabriele Kucsko-Stadlmayer,
 Yonko Grozev,
 Mārtiņš Mits,
 Lətif Hüseynov,
 Lado Chanturia,
 Anja Seibert-Fohr
Institution Court
Type Judgment
Outcome Art. 8 No violation
Reason Necessary (rights and freedoms)
Type of privacy Relational privacy
Keywords Children placed in foster care
Facts of the caseUnder Article 8 and in substance also under Article 9 of the Convention, the applicants complained that the domestic courts had refused to return their two youngest children, R. and M., to their care and that the children’s placement with Austrian Christian foster families, who did not speak Turkish, in February 2011 and February 2012, respectively, had deprived them of their Turkish and Muslim identity, estranging them from their culture and religion.
AnalysisThe Court finds that the reasons advanced by the domestic courts for dismissing the applicants’ applications to have their children returned to their care were based on comprehensive testimonies and expert opinions, and all relevant arguments were taken into account in their assessment. The Court is thus satisfied that the reasons advanced were not only relevant but were also sufficient for the purposes of Article 8 § 2 of the Convention.

Judge Hüseynov dissents because the Austrian authorities did not comply with their positive obligations under that provision, as interpreted in the light of Article 9 of the Convention, since they failed to take into account the linguistic and cultural background of the applicants at a time when their two youngest children had been kept in foster care since October 2010.
Other Article violation?No violation 9 ECHR
Damage awarded
Documents Judgment