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Hendriks v. Netherlands

European Commission of Human Rights.  08 March 1982 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Human rights — Right to family life — Access to child — Domestic courts refusing grant of access on basis of mother's objection — Domestic legislation requiring consideration of best interests of child — Whether right of parent to access outweighing interests of child — Whether refusal of access in accordance with law — Whether refusal of access on basis of mother's objection justifiable — European Convention on Human Rights, 1950, Article 8

Human rights — Right to determination of civil rights within a reasonable time — Judicial proceedings concerning arrangement for access to child lasting over 19 months — Whether length of proceedings unreasonable — European Convention on Human Rights, 1950, Article 6(1)

Human rights — Right to fair trial — Judicial proceedings relating to access to child — Expert report ordered by court — Report shown to applicant's counsel but applicant not provided with copy — Whether violating right to fair trial — European Convention on Human Rights 1950, Article 6(1)

Human rights — Torture and inhuman and degrading treatment or punishment — Father refused access to child — Whether inhuman treatment — Decision of national court taken in best interests of child — European Convention on Human Rights, 1950, Article 3

Keywords

Type
Case Report
Copyright
© Cambridge University Press 1994

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