SCOZZARI AND GIUNTA v. ITALY View

Notes

Date	13/07/2000
AppNr	39221/98; 41963/98
Body	Court (Grand Chamber)
Type	Judgment (Merits and Just Satisfaction)
Articles	3; 36-1; 46; 6-1; 8; P1-2
Violated / NonViolated	838P1-2
Citations	2355-15-35-466-16-26-3-b6-3-c6-3-d77-189101113143438-1P1-1P1-3P4-42355-15-2681013141834P1-1P4-2P4-2-2

Conclusions:

Costs and expenses partial award - Convention proceedings
No separate issue under Art. 14
No separate issue under Art. 6-1
No violation of Art. 3
No violation of Art. 8
No violation of Art. 8 with regard to suspension of parental rights and taking into care
No violation of Art. 8 with regard to the second applicant
No violation of P1-2
Non-pecuniary damage - financial award
Pecuniary damage - claim dismissed
Preliminary objection rejected (locus standi)
Violation of Art. 8
Violation of Art. 8 with regard to limitations on access
Violation of Art. 8 with regard to placement of children

Keywords:

(art. 3) inhuman punishment
(art. 3) inhuman treatment
(art. 46-2) execution of judgment
(art. 46-2) individual measures
(art. 46-2) measures of a general character
(art. 8-1) respect for family life
(art. 8-2) interference
(art. 8-2) necessary in a democratic society
(art. 8-2) protection of health
(art. 8-2) protection of morals
(art. 8-2) protection of the rights and freedoms of others
(p1-2) right to education

ECHR Notes

Originating Body	Court (Grand Chamber)
Document Type	Judgment (Merits and Just Satisfaction)
Published in	Reports of Judgments and Decisions 2000-VIII
Language	ENGLISH ; FRENCH
Application Number	39221/98 ; 41963/98
Importance Level	1
Represented by	N/A
Respondent State	Italy
Referred by	Commission ; Italy
Date of Reference	04/12/1998
	21/01/1999
Date of Judgment	13/07/2000
Conclusion	Preliminary objection rejected (locus standi) ; No violation of Art. 8 with regard to suspension of parental rights and taking into care ; Violation of Art. 8 with regard to limitations on access ; Violation of Art. 8 with regard to placement of children ; No violation of Art. 8 with regard to the second applicant ; No separate issue under Art. 6-1 or 14 ; No violation of Art. 3 ; No violation of P1-2 ; Pecuniary damage - claim dismissed ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings
Articles	3 ; 6-1 ; 8 ; 36-1 ; 46 ; P1-2
Separate Opinions	Yes
Law at Issue	Civil Code, Articles 330, 333 ; Law no. 184 of 1983, section 2
Strasbourg Case Law	B. v. the United Kingdom judgment of 8 July 1987, Series A no. 121, p. 79, § 77 ; Eriksson v. Sweden judgment of 22 June 1989, Series A no. 156, p. 24, § 58 ; Hokkanen v. Finland judgment of 23 September 1994, Series A no. 299-A, p. 20, § 55 ; Johansen v. Norway judgment of 7 August 1996, Reports 1996-III, p. 1003, § 64, p. 1008, § 78 ; Marckx v. Belgium judgment of 13 June 1979, Series A no. 31, p. 21, § 45 ; Nielsen v. Denmark judgment of 28 November 1988, Series A no. 144, pp. 21-22, §§ 56-57 ; Norris v. Ireland judgment of 26 October 1988, Series A no. 142, p. 15, § 31 ; Olsson v. Sweden (no. 1) judgment of 24 March 1988, Series A no. 130, p. 32, § 68, p. 33, § 72, p. 36, § 81, p. 37, § 82 ; Olsson v. Sweden (no. 2) judgment of 27 November 1992, Series A no. 250, p. 35, § 90 ; Vogt v. Germany judgment of 26 September 1995, Series A no. 323, p. 26, § 52
Keywords	"(Art. 3) INHUMAN PUNISHMENT" "(Art. 3) INHUMAN TREATMENT" "(Art. 46-2) EXECUTION OF JUDGMENT" "(Art. 46-2) INDIVIDUAL MEASURES" "(Art. 46-2) MEASURES OF A GENERAL CHARACTER" "(Art. 8-1) RESPECT FOR FAMILY LIFE" "(Art. 8-2) INTERFERENCE" "(Art. 8-2) NECESSARY IN A DEMOCRATIC SOCIETY" "(Art. 8-2) PROTECTION OF HEALTH" "(Art. 8-2) PROTECTION OF MORALS" "(Art. 8-2) PROTECTION OF THE RIGHTS AND FREEDOMS OF OTHERS" "(P1-2) RIGHT TO EDUCATION"

Application Documents 2

	1 SCOZZARI ET SCOZZARI contre l'ITALIE Commission (First Chambe… Decision	15/09/1998
	SCOZZARI contre l'ITALIE Commission (First Chambe… Decision (Partial)	10/03/1998

References 11

	132 NUUTINEN v. FINLAND 6-1, 8 Court (First Section) Judgment (Merits and Just Satisfaction)	27/06/2000
	69 JOHANSEN v. NORWAY 8, 6-1 Court (Chamber) Judgment (Merits and Just Satisfaction)	07/08/1996
	81 PAPAMICHALOPOULOS AND OTHERS v. GREECE (ARTICLE 50) Court (Chamber) Judgment (Just Satisfaction)	31/10/1995
	98 VOGT v. GERMANY 10, 11 Court (Grand Chamber) Judgment (Merits)	26/09/1995
	216 HOKKANEN v. FINLAND 8, 6-1 Court (Chamber) Judgment (Merits and Just Satisfaction)	23/09/1994
	43 ERIKSSON v. SWEDEN 8, 6-1, P1-2, 13 Court (Plenary) Judgment (Merits and Just Satisfaction)	22/06/1989
	22 NIELSEN v. DENMARK Court (Plenary) Judgment (Merits)	28/11/1988
	85 NORRIS v. IRELAND 8 Court (Plenary) Judgment (Merits and Just Satisfaction)	26/10/1988
	20 B. v. THE UNITED KINGDOM 8, 6-1 Court (Plenary) Judgment (Merits)	08/07/1987
	10 NIELSEN v. DENMARK Commission (Plenary) Decision	10/03/1986
	327 MARCKX v. BELGIUM 8, 14, P1-1 Court (Plenary) Judgment (Merits and Just Satisfaction)	13/06/1979

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ECHR CaseLaw

SCOZZARI AND GIUNTA v. ITALY View

Notes

ECHR Notes

Application Documents 2

References 11

Citations Breakdown

Citations 212

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