Adopting a child before considering his aunt’s wish to adopt him violates the right to respect for private and family life
JUDGMENT
Lazoriva v. Ukraine 17.04.2018 (no. 6878/14)
SUMMARY
Adoption of a child before considering whether his relative wished to adopt him, as was he has adopted his sister. Violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights, which was considered to be sufficient and just satisfaction for non-pecuniary damage.
PROVISION
Article 8
PRINCIPAL FACTS
The applicant, Nataliya Lazoriva, is a Russian national who was born in 1966 and lives in Magadan (Russia).
The case concerned the applicant’s nephew being adopted by another family, allegedly without due consideration of her wish to become his guardian. Ms Lazirova was appointed guardian to her sister’s daughter, in 2007. In March of that year, the sister had another child, a son. He was eventually placed in care in March 2012 by a court in the Ukrainian town of Chernivtsi, where he lived, and was put up for adoption in July. Ms Lazirova made telephone calls to the Ukrainian authorities informing them that she wanted to become her nephew’s guardian.
The authorities in Magadan, where she lived, also sent an official letter to the authorities in Chernivtsi to that end. However, proceedings to adopt the nephew had already been initiated and in October 2012 a court in Chernivtsi placed him with a couple. Ms Lazirova’s appeals against the adoption were rejected by the Ukrainian courts. Ms Lazirova complained in particular about the adoption under Article 8 (right to respect for private and family life).
THE DECISION OF THE COURT
Violation of Article 8
Just satisfaction: The Court held that the finding of a violation constituted sufficient just satisfaction for the non-pecuniary damage sustained by Ms Lazoriva. It awarded her EUR 215 in respecf of cost and expenses(echrcaselaw.com editing).
