Judgment 66015/17

Applicant name JÍROVÁ AND OTHERS
Applicant type natural person
Number of applicants 3
Application no. 66015/17
Date 13/04/2023
Judges Georges Ravarani, President,
 Carlo Ranzoni,
 Mārtiņš Mits,
 Stéphanie Mourou-Vikström,
 Lado Chanturia,
 Mattias Guyomar,
 Kateřina Šimáčková
Institution Court
Type Judgment
Outcome Art. 8 No violation
Reason Necessary (rights and freedoms)
Type of privacy Relational privacy
Keywords Access to foster child
Facts of the case  Court-ordered prohibition on contact between former foster parents and their foster child who was removed from their care on the grounds of negative impact on the child’s psychological well-being • Domestic courts’ decision corresponded to child’s best interests, within their margin of appreciation and based on relevant and sufficient reasons. The three applicants complained that the first and second applicants (the former foster parents of the third applicant) had been prohibited from having contact with him
AnalysisThe Court reiterates that the existence or non-existence of “family life” is essentially a question of fact that depends on the real existence in practice of close personal ties. Although, as a rule, cohabitation may be a requirement for such a relationship, exceptionally, other factors may also serve to demonstrate that a relationship has sufficient constancy as to create de facto “family ties”. In this case, because the three appicants lived together, the Court is willing to accept de facto family ties. The measures had a legal basis and served the interests of the child. The Court does not substitute its own judgement for that of the domestic courts, but finds that the domestic authorities have carefully weighed and balanced all relevant interests at stake. Two dissenting judges feel that the inteference was in breach of domestic law and find a violation of Article 8 ECHR.
Other Article violation? No
Damage awarded
Documents Judgment