Aug 1, 2011

The ECHR condemns Spain to compensate for the Sahrawi giving her daughter up for adoption without their consent

Ni and realiz travel two months in the summer of 2002 and was hosted by the family of Murcia

The European Court of human rights (ECHR), based in Strasbourg, was sentenced to Espa (a) compensation of EUR 30 000 to mother the Saharan ni and that judicial protection was granted in September 2005 to host Murcia family despite the fact that she did not consent.
The judgment, which was released Tuesday, is satisfied that, in respect of Knana Saleck Bardi Justice espa ola viol art culo 8 European Convenci n human rights, which stipulates that "everyone has the right to respect for private and family life" and "p blica authority interference" does not exist in the exercise of that right.
Ni a, which is now a os 16, viv and in refugee camps in Tindouf (Algeria) and the journey of two months to realiz Espa (a) in the summer of 2002 under the Christmas Asociaci n the Saharan people, friends, though his residence was prolong time m s time sufr and hep tica failure.
"In March 2004 return and solicit his mother two months despu s asumi Government Murcia their guardianship, taking into account that the peque and was situaci n neglect". However, est decisi n was updated in September 2005 by the Court of first instance of Murcia, which otorg temporary custody a foster family.
Before the new resource, aleg ignored disease to sufr and her daughter, a judge confirm in April 2007 the guardianship of parents espa oles, decisi n, which was approved in April following a o by the Audiencia Provincial de Murcia. During these tr mites, ni and declar who stay in camps sufr and situaci n slavery ".

The third Secci n ECHR, chaired by Josep Casadevall of the Principality of Andorra believed that repeated sufri "moral da o, which cannot be corrected by simple constataci n violaci n". "On matters relating to family life, breaking contact with ni very peque may lead to crops of alteraci n relaci n with their parents". se ala resoluci n.
Although the Court considers that the actu Audiencia Provincial de Murcia in "good faith" and the "welfare" ni a, draws attention to the fact of the existence of "a lack of diligence" during the procedures applied by the authorities responsible for duraci n residence of the child in the Espa a. ..
In this regard, it notes that estableci audience that ni and was "cheaper" to host his family, since 2002 and demostr of this hab and had been "abandoned by his mother." Adem s, revel declaraci n ' refusal to return with her mother and store all contact with her. "

After presenting a remedy amparo before the TC, which was rejected by "the lack of constitutional significance", Sahrawi women are dirigi to the Court of Strasbourg, arguing that the decisions of the courts of the espa oles winne violations of the right to be heard during the process, to respect for private life and family, to judge impartially and to a fair trial.
In its letter, the complainant has renounced the return of his daughter to Algeria to protect its "stability" during the emotional and the Court of Strasbourg peds, which recognizes the irregularities which occurred during the procedure, to prevent "that situaci n such as exercise happen again with other mothers Saharan" ...

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