After ECHR custody ruling of 3.12. publish the Federal Minister of Justice quickly issued a press release in which it is reluctant to say:
"A mandated by the Federal Ministry of Justice scientific investigation, whether the motives of the legislature at that time still endure from reality, is unfortunately only available in late 2010.
The study of the German Youth Institute examines what life is like in non-marital cohabitation with their children. The decisive factor is how unmarried couples develop over time. And we want to know when and why, despite the possibility of common concern with sole custody of the mother.
The Court does not judge the abstract laws, but an isolated incident. Given the variety of legal and political opportunities, the Federal Ministry of Justice, the debate on legislative changes now carefully and run at full speed. "
One would therefore await further study and found to have infringed violate human rights situation first ....
The met now the process agent in the event fence Egger against Germany , Bielefeld's lawyer George Rixe with a public statement on his website:
" The decision becomes final after three months if neither party, the Grand Chamber of the Justice is calling. Then Germany obliged immediately to create a new legal regulation which ends the discrimination complained of by the Court. From the compliance requirement of Article 46 ECHR, the Court has consistently Court that sentenced the state must also prevent further violations of the Convention in parallel cases.
....
In view of the well by the Constitutional Court recognized the right of all children to raise and educate their parents, the legislature but not limited to the political space so far discussed Minnimalregelung judicial replacement of the mother's consent, but on the prevailing standards are based in Europe, after the joint custody of children born out of wedlock automatically from the hard standing paternity occurs . "
complete opinion from the site of lawyer George Rixe
0 comments:
Post a Comment