Resolution CM/ResDH(2023)438
Execution of the judgment of the European Court of Human Rights
Manteigas against Portugal
(Adopted by the Committee of Ministers on 13 December 2023
at the 1484th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
22179/15
MANTEIGAS
22/02/2022
22/02/2022
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 final judgment transmitted by the Court to the Committee in this case and to the violation of Article 8 of the Convention established on account of deficiencies in the application of special protective measures, which led to the deprivation of the applicant’s parental authority over her three daughters and to their placement with a view to adoption;
Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:
- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;
Having examined the action report and the additional information provided by the government indicating the measures adopted to give effect to the judgment (see documents DH-DD(2022)952 and DH-DD(2023)327), including the information regarding the payment of the just satisfaction awarded by the Court;
Noting that two of the applicant’s daughters, born in 2004 and 2007, have been adopted by another family and that, moreover, one of those daughters is over 18 years old; that the applicant’s third daughter, born in 2005, is in a childcare centre, that the applicant agrees with this measure and at the same time has regular contact with her daughter; and that the just satisfaction awarded by the Court has been paid; considering, therefore, that no further individual measures are required in this case;
Recalling that the question of general measures required in response to the shortcomings found by the Court in this judgment continues to be examined within the framework of the case of Neves Caratão Pinto v. Portugal (No. 28443/19), also in the light of the Court’s findings in this case, and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures required;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case;
CONCLUDES that the necessary individual measures have been adopted;
DECIDES to continue to supervise the adoption of the necessary general measures to guarantee a Convention-compliant application by the domestic courts and the child protection authorities of the special protective measures for children at risk laid down in the domestic legislation in the case of Neves Caratão Pinto v. Portugal (No. 28443/19);
DECIDES to close the examination of this case.