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 Post subject: Case of S.H. v. ITALY
PostPosted: Thu Oct 15, 2015 11:48 pm 
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Case of S.H. v. ITALY

Denne dommen er viktig og setter foten kraftig ned for tvangsadopsjoner. Dette er en oppsummering på engelsk.

(Oversetter noen den til norsk er vi glade for det. Helst folk som ikke står på natt og dag for saken. De har nok å gjøre.)

Lenke til fransk versjon:

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S.H. v. Italy (no. 52557/14)*

The applicant, S.H., is an Italian national who was born in 1984 and lives in Sacile (Italy). She is the mother of three children, R., P. And J., who were born respectively in 2005, 2006 and 2008.

The case concerned the declaration of adoptability of the children of S.H. on account of difficulties encountered by the parents, despite their wish to continue looking after them with the help of the social services.

In August 2009 the social services informed the domestic court that, on a number of occasions, the children had been admitted to hospital following the accidental ingestion of medication. Urgent proceedings were opened. The court ordered the removal of the children from their family and their placement in an institution.

The parents acknowledged that on account of S.H.’s depression, they had had difficulties looking after the children, but said that they could look after them with the help of the social services. A psychiatrist proposed the return of the children to their parents with home help, a solution that the court accepted.

The children were, however, removed again from the family, on the ground that S.H. had been admitted to hospital and the father had left the family home. The public prosecutor applied for the opening of a procedure to declare the children adoptable. The parents stated that the children’s father was available to look after them and that, consequently, they had not been abandoned. The court ordered an expert’s report. The expert proposed that the children’s placement in an institution be maintained. The court, however, declared the children adoptable.

The parents lodged an appeal against that decision. In July 2011 the children were, however, placed in a foster family and the appeal court confirmed their adoptability, on account of the parents’ incapacity to exercise their parental role in spite of the help of the competent authorities. The parents appealed, in vain, to the Court of Cassation.

S.H. asked the court to revoke the declaration of adoptability, but the court dismissed her request.

Relying on Article 8 (right to respect for private and family life), the applicant alleged that the domestic authorities had failed in their positive obligation to use all the necessary efforts to preserve the parent-child relationship. She complained that they had declared her children adoptable when there had been no abandonment, only transitory family difficulties.

Violation of Article 8 Just satisfaction: EUR 32,000 (non-pecuniary damage)

"Vårt" lysebrune-mørkerøde såkalte barnevern stjeler mennesker
> Radikalt forum mot familiedestruksjon:<

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