The Committee of Ministers, under the terms of Article 54
(art. 54) of the Convention for the Protection of Human Rights
and Fundamental Freedoms (hereinafter referred to as "the
Convention"),
Having regard to the judgment of the European Court of Human
Rights in the Hoffmann case delivered on 23 June 1993 and
transmitted the same day to the Committee of Ministers;
Recalling that the case originated in an application against
Austria lodged with the European Commission of Human Rights on
20 February 1987 under Article 25 (art. 25) of the Convention by
Mrs Ingrid Hoffmann, an Austrian national, who complained that
she had been denied the custody of her children on the ground of
her religious convictions;
Recalling that the case was brought before the Court by the
Commission on 13 April 1992;
Whereas in its judgment of 23 June 1993 the Court:
- held, by five votes to four, that there had been a
violation of Article 8 in conjunction with Article 14
(art. 14+8);
- held, unanimously, that it was unnecessary to rule on the
allegation of a violation of Article 8 (art. 8) taken alone;
- held, unanimously, that no separate issue arose under
Article 9 (art. 9), either taken alone or in conjunction with
Article 14 (art. 14+9);
- held, unanimously, that it was not necessary to rule on
the allegation of a violation of Article 2 of Protocol No. 1
(P1-2);
- held, by eight votes to one, that the Respondent State was
to pay to the applicant within three months for costs and
expenses 75 000 Austrian schillings;
Having regard to the Rules adopted by the Committee of
Ministers concerning the application of Article 54 (art. 54) of
the Convention;
Having invited the Government of Austria to inform it of the
measures which had been taken in consequence of the judgment of
23 June 1993, having regard to its obligation under Article 53
(art. 53) of the Convention to abide by it;
Whereas, during the examination of the case by the Committee
of Ministers, the Government of Austria gave the Committee
information about the measures taken in consequence of the
judgment, which information appears in the appendix to this
resolution;
Having satisfied itself that on 20 September 1993 the
Government of Austria has paid the applicant the sum provided for
in the judgment of 23 June 1993,
Declares, after having taken note of the information
supplied by the Government of Austria, that it has exercised its
functions under Article 54 (art. 54) of the Convention in this
case.
Appendix to Resolution DH (94) 44
Information provided by the Government of Austria
during the examination of the Hoffmann case
by the Committee of Ministers
The Federal Ministry of Justice has brought the judgment of
the Court in the Hoffmann case to the attention of the
authorities concerned by way of a decree of 23 December 1993,
published in Amtsblatt der österreichischen Justizverwaltung
(JABl.1994/8). In addition, a summary of the judgment has been
published in the Österreichische Juristenzeitung (ÖJZ 1993,
p. 853-856). The judgment of the Court has finally been the
object of in-depth studies by the Family Law Section of the
Association of Austrian Judges (see the "Bericht der Fachgruppe
Ausserstreit- und Familienrecht der österreichischen
Richtervereinigung" of 10 March 1994). The government is of the
opinion that these measures are sufficient, in the light of the
status of the Convention and the jurisprudence of the Convention
organs in Austrian law, to prevent the repetition of the
violation found by the Court in the Hoffmann case.
The sum awarded by the Court to the applicant was paid on
20 September 1993.
Full & Egal Universal Law Academy