WIM HENDRIKS AGAINST THE NETHERLANDS

Doc ref: 8427/78 • ECHR ID: 001-49245

Document date: December 10, 1982

Doc ref: 8427/78 • ECHR ID: 001-49245

Document date: December 10, 1982

Cited paragraphs only

The Committee of Ministers, under the terms of Article 32 (art. 32) of

the Convention for the Protection of Human Rights and Fundamental

Freedoms (hereinafter referred to as "the Convention"),

Having regard to the report drawn up by the European Commission of

Human Rights in accordance with Article 31 (art. 31) of the Convention

relating to the application lodged by Mr Wim Hendriks against the

Netherlands (No. 8427/78);

Whereas on 8 June 1982 the Commission transmitted the said report to

the Committee of Ministers and whereas the period of three months

provided for in Article 32, paragraph 1 (art. 32-1), of the Convention

has elapsed without the case having been brought before the European

Court of Human Rights, in pursuance of Article 48 (art. 48) of the

Convention;

Whereas in his application introduced on 24 November 1978 the

applicant complained that, contrary to Article 8 (art. 8) of the

Convention, he could not effectively enjoy the right of access to his

child, that the court proceedings concerning his request for access

violated Article 6, paragraph 1 (art. 6-1), of the Convention and that

the court's refusal to grant him access to his child was contrary to

Article 3 (art. 3) of the Convention;

Whereas the Commission, having declared the application admissible on

13 March 1980, had expressed in its report the opinion, by 10 votes to

6, that there had been no violation of Article 8 (art. 8) of the

Convention, by 12 votes to 2 with two abstentions, that there had been

no violation of Article 3 (art. 3) of the Convention, unanimously,

that the court proceedings concerned did not, as regards their length,

disclose a violation of Article 6, paragraph 1 (art. 6-1), of the

Convention and, by 14 votes with 2 abstentions, that the procedure

followed by the courts did not otherwise disclose a violation of the

same article;

Agreeing with the opinion expressed by the Commission in accordance

with Article 31, paragraph 1 (art. 31-1), of the Convention;

Voting in accordance with the provisions of Article 32, paragraph 1

(art. 32-1), of the Convention,

Decides that, in this case, there was no violation of the Convention

for the Protection of Human Rights and Fundamental Freedoms.

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