Keegan v. Ireland

The applicant’s child was adopted without his consent, but with the permission of the mother. After two years of domestic litigation and in consideration of his daughter’s best interests, he no longer sought to overturn the adoption, but requested damages from the government for the violation of his rights. The European Court of Human Rights found that the adoption of a child of unmarried parents without the father’s knowledge or consent was in accordance with Irish law and pursued the legitimate aim of protecting the rights and freedoms of the child. However, the Court found that the law violated the European Convention on Human Rights because it interfered with the applicant’s right to family life under Article 8(1), which would be permissible only if the interference were “necessary in a democratic society.” The Court found that the Irish Government had advanced no reasons relevant to the welfare of the child to justify such a departure from the principles governing respect for family ties. The Court also considered that Article 8 was not restricted to families based on marriage. Finally, because the applicant had no rights under Irish law to challenge the adoption decision either before the Adoption Board or in court, there was a violation of his right to a fair and public hearing by an independent and impartial tribunal under Article 6(1) of the Convention. The Court awarded pecuniary and non-pecuniary damages as well as legal costs and expenses.

Year 

1994

Avon Center work product