Görgülü v. Germany

Abstract

Human rights — Right to respect for family life — Interference with applicant’s right — Whether interference justified — Whether refusal of custody and access “necessary in a democratic society” — Margin of appreciation — Balancing interests of parent and child — State’s obligations — Decision-making process — Whether applicant’s involvement to degree sufficient to protect his interests — Whether Germany violating Article 8 of European Convention on Human Rights, 1950

Human rights — Right to fair trial — Whether German court proceedings unfair — Duty of European Court of Human Rights — Ensuring observance of undertakings of Contracting States to European Convention on Human Rights, 1950 — Whether examination of same facts under Articles 6(1) and 8 justified — Whether Germany violating Article 6(1) of European Convention on Human Rights, 1950