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European Court of Human Rights emphasises necessity for court to adequately comply with obligations under Article 8

  • The European Court of Human Rights has concluded that a Hungarian father’s (F’s) rights under Article 8 of the European Convention of Human Rights were breached.
  • After F made more than 60 enforcement requests, which the ECtHR said demonstrated F’s serious interest in maintaining contact, Hungry failed to take reasonable steps to facilitate the enforcement of seven orders for contact with his daughter (D).
  • The ECtHR recognised that despite the sanctions against M’s behaviour which frustrated contact, contact was not improved.
  • The Hungarian court’s minimal efforts to re-establish contact with F therefore effectively condoned M’s behaviour. Consequently, through the breaching of F’s rights under Article 8, the ECtHR emphasised the necessity for the court to have adequate legal measures in place to ensure that it complies with its positive obligations under Article 8.
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Georgina is a solicitor with nearly 30 years of experience in advising substantial businesses on complex legal issues and providing strategic and commercial solutions.