Resolution CM/ResDH(2007)89[1]

Execution of the judgment of the European Court of Human Rights

Salgueiro da Silva Mouta against Portugal

(Application No. 3320/96, judgment of 21 December 1999, final on 21 March 2000)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),

Having regard to the judgment transmitted by the Court to the Committee once it had become final;

Recalling that the violation of the Convention found by the Court in this case concerns the infringement of the applicant's right to respect for his family life as well as a discrimination based on sexual preference on account of the decision by the Lisbon Appeal Court of 9 January 1996 conferring on his ex-wife parental authority in respect of his daughter, M. (born in 1987), this decision being based solely on his homosexuality (violation of Article 8 combined with Article 14, see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the measures taken in order to comply with Portugal's obligation under article 46, paragraph 1, of the Convention to abide by the judgment;

Having examined the information provided by the government in accordance with the Committee's Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that, within the time-limit set, the respondent state paid the applicant the just satisfaction provided in the judgment (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgment, the adoption by the respondent state, where appropriate:

- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and

- of general measures preventing, similar violations,

DECLARES, having examined the measures