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CASE OF H. v. THE UNITED KINGDOMSEPARATE OPINION OF JUDGE DE MEYER

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Document date: July 8, 1987

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CASE OF H. v. THE UNITED KINGDOMSEPARATE OPINION OF JUDGE DE MEYER

Doc ref:ECHR ID:

Document date: July 8, 1987

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DISSENTING OPINION OF JUDGE GERSING

In my view, the length of the court proceedings falls to be considered only under Article 6 § 1 (art. 6-1), which in this respect is the lex specialis . I cannot accept the extensive interpretation of Article 8 (art. 8) which the majority of the Court has applied as regards those proceedings in paragraphs 89-90 of the judgment and I have therefore voted for a non-violation of Article 8 (art. 8).

SEPARATE OPINION OF JUDGE DE MEYER

The views expressed in my individual separate opinion concerning the case of W v. the United Kingdom [1] also apply to the present case.

As far as this case is concerned, I feel, more particularly, that the Court should, as regards the right to respect for family life, also have given consideration to the fact that no account was taken by the local authority of the improvement in the applicant ’ s condition since 1977 or of her representations on this point (§§ 14 and 17 of the judgment).

[*]  Note by the Registrar: The case is numbered 3/1986/101/149.  The second figure indicates the year in which the case was referred to the Court and the first figure its place on the list of cases referred in that year; the last two figures indicate, respectively, the case's order on the list of cases and of originating applications (to the Commission) referred to the Court since its creation.

[1] Series A no. 121, p. 42

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