Violation of the right to private and family life in the case of excluding a parent with intellectual disabilities from the adoption process of their child Cover Image
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Încălcarea dreptului la viaţă privată şi de familie în cazul excluderii unui părinte cu dizabilităţi intelectuale din procesul de adopţie a copilului său
Violation of the right to private and family life in the case of excluding a parent with intellectual disabilities from the adoption process of their child

Author(s): Ioana Nicolae, Georgeta Bianca Spîrchez
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: intellectual disability; adoption; discrimination; right to respect for private and family life; proportionality;

Summary/Abstract: This study was developed in the context of national legislative reform targeting the protective measures granted to an extremely vulnerable group – persons with intellectual and psychosocial disabilities. Since these individuals must also be guaranteed the right to private and family life, our aim was to examine, with reference to the case law of the European Court of Human Rights, the obligations incumbent upon the signatory states of the European Convention on Human Rights in decision making processes involving the separation of a child from a parent with such disabilities, especially when the decisions are irreversible, as is the case with adoption.

  • Issue Year: 2025
  • Issue No: 1
  • Page Range: 483-496
  • Page Count: 14
  • Language: Romanian
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