Constitutional court case law

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Case number:
Up-70/15
ECLI:
ECLI:SI:USRS:2015:Up.70.15
Challenged act:
Operative provisions:
Abstract:
The right and duty of parents to maintain, educate, and raise their children is protected by the first paragraph of Article 54 of the Constitution. Parents are entrusted with parental authority for the benefit of the child. It is presupposed that they are willing and capable of exercising such authority to the child’s benefit.
 
In conformity with the first paragraph of Article 54 of the Constitution, the only legitimate reason for restricting parental authority can be the protection of the child’s interests. The balancing of rights – even when the protection of parental authority and of other rights of parents enshrined in the Constitution and the Convention are at issue – must be subordinated to the principle of the child’s best interests.
 
The notion of a child’s interests is an indeterminate legal term; its substance must be determined by courts by considering the circumstances of each particular case. It is essential that in each individual case the courts assess how to protect the child’s interests in the most appropriate manner.
 
The position of the courts in the case at issue that the interests of the complainant’s minor daughter can only be sufficiently protected by providing her permanent and stable alternative care and upbringing did not violate the complainant’s right determined by the first paragraph of Article 54 of the Constitution. The assessment of the courts was justified by concern for the child’s best interests. The circumstances of the case at issue, regarding which the courts provided sufficiently comprehensive reasoning, showed that the complainant did not care for her child and that she would never again be able to (permanently) assume care of the child.
 
The complainant’s allegation regarding the discriminatory treatment of persons with a mental disorder (the second paragraph of Article 14 of the Constitution) is unfounded. The assessment of the courts is not based on the position that the complainant’s parental authority should be withdrawn due to her mental illness, but on the finding that the complainant is permanently incapable of assuming the upbringing and care of her minor daughter.
 
Thesaurus:
Legal basis:
Cases joined:
¤
Full text:
Type of procedure:
constitutional complaint
Type of act:
individual act
Applicant:
A. B., C.
Date of application:
30. 1. 2015
Date of Decision:
10. 12. 2015
Type of decision adopted:
decision
Outcome of proceedings:
dismissal
Published:
Official Gazette RS, No. 3/2016 and OdlUS XXI, 19
Document:
AN03856

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All decisions the Constitutional Court adopted since independence of Slovenia, with the exception of orders rejecting constitutional complaints or not accepting them for consideration on the merits that contain as reasoning only the reference to the statutory basis of the decision and the composition of the panel of the Constitutional Court (the fourth paragraph of Article 55c of the Constitutional Court Act), are published on this website.

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