Portugal sentenced by the European Court to compensate mother estranged from daughters
European Court of Human Rights ECtHR) condemned the Portuguese State to compensate a mother for having taken her away from her daughters and for not having taken care of the maintenance of the family relationship, according to what was released this Tuesday.
At issue in the case was the fight of a woman resident in sales against the courts, who claimed to have been of parental authority when being deprived of three minor daughters in 2007. Social services considered as minors were in a situation of risk and were installed foster care, more than 5 kilometers from your home, more than 50 kilometers for adoption.
The court based in Strasbourg understood the Portuguese instance “will not give in to family requests” and by your partner for your vacation at home. is that “the court never considered a less restrictive protection measure, although the family’s material situation improved”when her partner got a job in 2009.
For the ECtHR, “visits to the reception center have been restricted” and, with the reduction of the restrictive ones, eliminated through the elaboration to the “gradual and conjugated family for the daughters’ applicants, a fait accompli of the rupture of ties”.
At the same time, they judged that “at no stage of the process were situations of violence, abuse or sexual abuse mentioned” of the children taken away from the mother and her partner, adding that they can represent the always “great affection” for the daughters, although the children later refused to return to their parents’ care.
“The Court concludes that domestic daughters ignore the positive obligations of their family relationship among their obligations and do not rely on maintenance as the latter in an institution of the family relationship with a view to adoption on grounds capable of justifying”summarizing the process of concluding article ECtHR, concluding the process by the European Convention of article 8.
Despite having claimed compensation of 250 thousand euros for damages and 6.50 euros for legal action, the children’s mother saw TED prove her right, but with morals the compensation for 13 thousand euros, plus any amounts owed Months that will have to be paid by the State within three taxes.