Prohibition of contact between a woman and her children during the adoption procedure - Violation of Art. 8 ECHR

EUROPE: RIGHT TO FAMILY LIFE

European Court of Human Rights, judgment, 1 April 2021, A.I v. Italy (application no. 70896/17).

«The case concerned the inability of the applicant, a Nigerian refugee [and] mother of two children who had been a victim of trafficking and was in a vulnerable position, to enjoy access rights owing to a court-ordered prohibition on contact, in a situation where the proceedings concerning the children’s eligibility for adoption had remained pending for over three years. The Court found in particular that the appeal court, as a specialised court composed of two professional judges and two lay judges, had not taken into account the expert conclusions recommending that ties be maintained between the applicant and the children, and had not explained why it had chosen not to do so. Given the seriousness of the interests at stake, the authorities ought to have carried out a more detailed assessment of the applicant’s vulnerability during the proceedings. The Court considered that insufficient weight had been attached to the importance of a family life for the applicant and her children in the proceedings which resulted in the cessation of contact between them. Thus, the proceedings had not been accompanied by safeguards that were proportionate to the seriousness of the interference and the interests at stake.»

Direct link to the judgment (hudoc.echr.coe.int)
Accès direct au communiqué de presse (hudoc.echr.coe.int)
Direct link to the press release (hudoc.echr.coe.int)