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European Observer on fundamental right's respect

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Case Law 2008-43-0106 (03/06/2009)

Type: Judgment

Authority: National Courts: Supreme Courts (Latvia) - Satversmes Tiesa

Date: 06/03/2009

Subject: The Constitutional Court, also applying a consolidated jurisprudence of the Court of Strasbourg, has stated the compatibility of certain norms of the Second Part, Section 156, of the Civil Code, in the matter of paternity recognition, with the State’s Constitution and the Council of Europe’s “European Convention on the legal status of minors born outside of marriage”. The Court, even admitting that such norms could interfere with other rights protected by the Constitution and other Conventions, has stated that the legitimate interest pursued, concerning the protection of children’s rights, must prevail.

Parties: J.O.

Original language: Latvian

Classification: Freedoms - Art. 7 Privacy - Equality - Art. 24 Children’s rights - Justice - Art. 47 Right to an effective remedy before a tribunal

Text download Latvian