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Austrian Constitutional Court: The Presumed Biological Father’s Position in Contact Proceedings
Judgment of 13 December 2016, G 494/2015
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Katharina Cede-Lugstein
Published/Copyright:
July 26, 2017
Abstract
Pursuant § 188 para 2 of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, hereinafter: ABGB), a third person can be entitled to access to a child if this is in the child’s best interest. A court has to grant access to the child upon request of the child, the child’s parents or a third person, provided the latter has or had a genuine social or family relationship with the child. Upon request of an individual to repeal parts of this provision the Constitutional Court held that there was no violation of the rights guaranteed under Article 8 ECHR.
Published Online: 2017-7-26
Published in Print: 2017-7-26
© 2017 Walter de Gruyter GmbH, Berlin/Boston
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Articles in the same Issue
- Frontmatter
- Articles
- The Constitutionalization of International Law and the Challenge of Non-State Actors
- Global Values and the Institutions of the United Nations
- Notes and Essays
- A Call for Judicial Reform in Egypt
- Constitutional Developments
- Austrian Constitutional Court: The Constitutionality of Restrictions on Nullity Appeals in Law of Criminal Procedure
- Austrian Constitutional Court: The Presumed Biological Father’s Position in Contact Proceedings
- Czech Constitutional Court: Twists and Turns of Recent Judgments of the Highest Courts in Cases of Parliamentary Immunity
- Constitutional Court of Romania: The Constitutionality of the Citizens’ Initiative for the Revision of Article 48 (1) of the Constitution (‘Family’)
- Book Review
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Keywords for this article
right to respect for family life;
right to respect for private life;
contact proceedings
Articles in the same Issue
- Frontmatter
- Articles
- The Constitutionalization of International Law and the Challenge of Non-State Actors
- Global Values and the Institutions of the United Nations
- Notes and Essays
- A Call for Judicial Reform in Egypt
- Constitutional Developments
- Austrian Constitutional Court: The Constitutionality of Restrictions on Nullity Appeals in Law of Criminal Procedure
- Austrian Constitutional Court: The Presumed Biological Father’s Position in Contact Proceedings
- Czech Constitutional Court: Twists and Turns of Recent Judgments of the Highest Courts in Cases of Parliamentary Immunity
- Constitutional Court of Romania: The Constitutionality of the Citizens’ Initiative for the Revision of Article 48 (1) of the Constitution (‘Family’)
- Book Review
- Jaakko Husa: A New Introduction to Comparative Law
