Magazine Côté Femmes

Affaire TODOROVA c. ITALIE - Requête no 33932/06 - Arrêt Strasbourg 13.01.2009 - Cour européenne des droits de l'homme

Publié le 16 janvier 2009 par Zench

Twins adopted: Italy condemned by the European Court

EUROPE-ITALY-ECHR. The European Court of Human Rights yesterday condemned Italy for allowing the adoption of two twins, 27 days after their birth, without listening to his mother, who have not recognized the children wanted a period of reflection before being received by a court. These summarize the facts. On 7 October 2005 Temenuzhla Ivanchova Todorova, Bulgarian citizen resident in Bari, had given birth to twins at the San Paolo di Bari At that time the woman asked not to recognize that the children and was granted anonymity. The same day, the social worker, MP, abandonment informed his superior, in writing. Three days later, the Court of minors Bari urged to proceed urgently to the placement of children at a reception center.

On 11 October 2005, the same social worker MP passed on to his superior a report in which it was specified that the mother of the twins had actually asked to have some 'time to reflect before deciding whether or not to recognize his children, and to be heard by the Court of minors. The mother also expressed the wish that children were placed temporarily in a reception or a family on condition that it was allowed to see them, and that pending a final decision.

Despite this request, October 18, the prosecutor asked the court to declare the children taken, and December 6, children were actually assigned to a family with a view to their adoption. In his opinion, the judge noted that the mother had not requested a time to recognize the children but only "a little 'time to recover and assess the prospects," the woman said to have had two more children and a family another State, that the father of the twins was an Italian citizen with whom he had lost every report, which had neither the means nor a life sufficiently stable to take care of his children and then was "not conceivable that he had not thought about ' abandonment during pregnancy. " On 21 March 2006, the woman has appealed to the Court of Appeal of Bari, demanding the withdrawal of the decision to adottabilita ', but the court had declared the application inadmissible. The Court noted in particular that Italy has ratified the European Convention relating to adoption, according to which the consent of a parent in the adoption of their child should be accepted only after the expiry of a period that does not'' must be less than six weeks''.

The European judges have explained that "it was essential for the applicant able to express themselves before the court and challenge the choice of abandoning her children," and that "the State had an obligation to ensure that the consent given by the applicant abandonment of his children had been clarified and accompanied by adequate safeguards. "

The judges in Strasbourg are therefore considered too short a time between the birth of twins and the decision of the Court adottabilità children of Bari (27 days).

This fact and the fact that it had not taken account of the wishes of the mother was considered by the Strasbourg Court of violations of the European Convention on Human Rights (Article 8, Respect for private and family life).

Ms. Todorova Temenuzhla Ivanchova requested compensation of 400 thousand euros. The Court considered that the claim was overstated, and has condemned the Italian state to pay the mother 15 thousand euros for moral damages and 2150 for legal costs.

Source : United Adoptees International - News

- Press release
- Le jugement en français 


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