Applicant name | MITREVSKA |
Applicant type | natural person |
Number of applicants | 1 |
Country | North Macedonia |
Application no. | 20949/21 |
Date | 14/05/2024 |
Judges | Arnfinn Bårdsen, President, Jovan Ilievski, Pauliine Koskelo, Saadet Yüksel, Lorraine Schembri Orland, Diana Sârcu, Davor Derenčinović |
Institution | Court |
Type | Judgment |
Outcome Art. 8 | violation |
Reason | no fair balance |
Type of privacy | Private life; Relational privacy; procedural privacy |
Keywords | Biological identity |
Facts of the case | The applicant complained about the inability to obtain information concerning her adoption. |
Analysis | The Court bears in mind the sensitivity of the issue at hand and does not underestimate the impact that a disclosure of adoption-related information may have on the persons concerned. It notes the absence of a possibility to obtain access to non-identifying information. In view of the above considerations, it finds that the domestic authorities failed to strike a balance between the competing interests at stake and thus overstepped the margin of appreciation afforded to them. |
Other Article violation? | – |
Damage awarded | hat the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following amounts, to be converted into the currency of the respondent State at the rate applicable at the date of settlement: (i) EUR 4,500 (four thousand five hundred euros), plus any tax that may be chargeable, in respect of non-pecuniary damage; (ii) EUR 1,440 (one thousand four hundred and forty euros), plus any tax that may be chargeable to the applicant, in respect of costs and expenses; (iii) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points; |
Documents | Judgment |