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Strasbourg judgment against the Spanish courts in the case of a child from Pamplona who was adopted without the consent of his mother

  • Nigerian woman Pat Omorefe has filed a complaint with the European Court of Human Rights (ECHR) to recover the girl who was taken away from her in 2015. Strasbourg was right and asked the courts of the Spanish State to take action on this matter.

24 June 2020 - 10:08

The European Court of Human Rights (ECHR) has asked Spain to take appropriate measures to restore the relationship between a Nigerian mother living in Pamplona and her son. Since the baby was adopted without the consent of his mother, the Tribunal considers that he has been violated "respect for the private sphere and family life", according to Noticias de Navarra.

In 2015, the Provincial Court of Pamplona began the procedures for granting the child in an adoption situation. The mother had requested in February 2009 that her son, born two months earlier, be treated in a reception centre managed by the Government of Navarra for his personal and family difficulties.

According to the ruling of the European Court of Human Rights, a month later, the evaluation committee proposed a family welcome prior to adoption, claiming that Omorefe "had not attended all visits" and that his personal situation was "very unstable". The complainant did not state its willingness to oppose this measure until it was prohibited from contacting the minor, according to the same source.

However, in May 2009, the General Directorate of Family, under the Foral Government, suspended the meetings claiming that Omorefe "was not present in all the scheduled visits" and the "difficulties" she had to establish an emotional bond with the child.

In the beginning, the Provincial Court of Navarra gave Omorefe the right, but in October 2015 it defended the adoption of the child when considering that the lack of authorization of the biological mother "was not an obstacle". All of this happened after Omoref filed a complaint for not having received a response from the authorities when he asked to see his son in 2014

The judges of the Court of Navarra prioritized the rights of the mother to whom the girl lived for five years her "links" with the host family and their "positive evolution". Omoref appealed to the Spanish Constitutional Court, but he did not support it. Finally, it has had to be addressed to the GEEA.

The European Court of Human Rights (ECHR) has not adhered to previous rulings and regretted that it has not taken the "softer measures" provided for in Spanish legislation. Thus, pursuant to Article 46 of the European Convention on Human Rights, it has asked the Spanish courts to reconsider the situation of the claimant and his minor child. For Strasbourg, it would be fairer to extend the possibility of re-establishing the relationship between them, given the current situation and the best interests of the child.


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