The applicants, Mr Eugénio Manuel Paulino Pontes and Mrs Francisca Alexandra Ganchinho Garcês Pontes, are two Portuguese nationals. They were born in 1974 and 1976 respectively and live in São Domingos de Rana (Portugal). They had four children who were all made the subject of a protection order on the ground that they lived in a high-risk family environment and their parents took drugs. At the relevant time the older children were aged 9, 7 and 4 respectively. The youngest, P., a four-month-old boy, was placed in a different foster home from his brother and sisters. A placement order was made in respect of P., with a view to his adoption, on account of his particularly vulnerable situation. The Supreme Court found that the parents had failed to show that their situation had improved or that P.’s case could be distinguished from that of his brother and sisters, as he had lost all contact with his parents for over four years. By a judgment of 4 March 2009, an adoption order was made in respect of the child in favour of the couple who had previously been appointed his interim guardian. Relying on Article 6 § 1 (right to a fair hearing), the applicants complain that the child protection proceedings were unfair and, under Article 8 (right to respect for private and family life), that the decisions forfeiting their parental authority and ordering P.’s adoption were also unfair. They complain that the authorities dealt with their youngest child differently from his brother and sisters and challenge the restrictions placed on their right of contact and their son’s visits home. (the text of the case is only available in French and Portuguese)
(from the official press-release prepared by the Registry Office of the European Court of Human Rights)