In today’s (17-1-2017)
Chamber judgment in the case of A.H. and Others v. Russia[1]
the European Court of Human Rights held, unanimously, that there had been: a
violation of Article 14 (prohibition of discrimination) taken in conjunction
with Article 8 (right to respect for family life) of the European Convention on
Human Rights. The applications were brought by 45 US
nationals: both on their own behalf, and on behalf
of 27 Russian children. In
late 2012, the US applicants had been in the final stages of procedures to
adopt the Russian children, many of whom required specialist medical care.
However, after a Russian law had been passed which banned adoptions of Russians
by US nationals, all of these procedures were abruptly halted. The applicants
claimed that, because the proceedings had been at a late stage, a bond had
already formed between the adults and children. They complained that the ban
had violated their right to family life, that it had been discriminatory, and
that it had amounted to illtreatment of the children (as it prevented them from
receiving specialist medical care in the US).
The Court
found that the adoption ban had unlawfully discriminated against the
prospective parents. In particular, this was because it had prevented the
adoption of Russian children by the US applicants purely on the basis of the
prospective parents’ nationality; and because such a ban had been
disproportionate to the Government’s stated aims, given that it had been
retroactive, indiscriminate, and was applied irrespective of the status of
proceedings or the individual circumstances. However, the Court found
inadmissible the complaint that the ban had caused illtreatment of the
children, as it found that they had received adequate medical treatment in
Russia.
The Court
held that Russia was to pay each pair of prospective parents (or, where an
applicant had made their application alone, to that person individually) 3000
euros (EUR) in respect of nonpecuniary damage, and 600 US dollars (USD) in
respect of costs and expenses. (hudoc.echr.coe.int).
[1] (application nos. 6033/13, 8927/13,
10549/13, 12275/13, 23890/13, 26309/13, 27161/13, 29197/13, 32224/13, 32331/13,
32351/13, 32368/13, 37173/13, 38490/13, 42340/13 and 42403/13)
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