CEDH · CASELAW;CLIN;ENG — 26 octobre 2006

.s3ABFC313 { font-size:10pt } .sEB86A30B { margin-top:0pt; margin-bottom:14pt; page-break-after:avoid } .sBB9EE52A { font-family:Arial } .sA241FE93 { margin-top:0pt; margin-bottom:18pt; text-align:justify; page-break-after:avoid; border-bottom:0.75pt solid #000000; padding-bottom:1pt } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s8F2B0B1B { margin-top:12pt; margin-bottom:12pt; page-break-after:avoid; font-size:12pt } .s9FF10068 { margin-top:0pt; margin-bottom:12pt } .sA36B60A1 { font-family:Arial; font-style:italic } .s5F48796F { margin-top:12pt; margin-bottom:0pt; text-align:justify } .s5CB9E8AB { margin-top:12pt; margin-bottom:0pt; text-align:justify; border-bottom:1pt solid #000000; padding-bottom:1pt } .sDF790F1E { margin-top:12pt; margin-bottom:0pt; text-align:center } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } Information Note on the Court’s case-law No. 90 October 2006 Wallová and Walla v. the Czech Republic - 23848/04 Judgment 26.10.2006 [Section V] Article 8 Article 8-1 Respect for family life Taking into care of children from a large family on the sole ground that the family’s housing was inadequate: violation   Facts : The applicants and their children had been separated following court decisions ordering that the children be placed in residential care – first on a temporary basis in 2000 and then permanently in 2002 – on the ground that the applicants faced material difficulties making them unable to provide a suitable home for their five children. In 2003 the oldest child reached the age of majority. In April 2004 the two youngest were placed with a foster family. The care orders in respect of the other two children were annulled in February 2006 and they were able to resume living with their parents. Law : The care order in respect of the applicants’ children had been made solely because the large family had been inadequately housed at the time. Under the social welfare legislation, however, the national social welfare authorities had powers to monitor the applicants’ living conditions and hygiene arrangements and to advise them what steps they could take to improve the situation themselves and find a solution to their housing problem. Separating the family completely on the sole grounds of their material difficulties had been an unduly drastic measure. Conclusion : violation (unanimously). Article 41 – EUR 10,000 for non-pecuniary damage. For further details see Press Release no. 634.     © Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court. Click here for the Case-Law Information Notes