ECHR – Major Victory for the Protection of Family Life
In its judgment of 2 July 2026, Dragoni and Others v. Italy, the European Court of Human Rights found a violation of Article 8 of the Convention in a case concerning forced adoption and the permanent severance of family ties. Our fim represented the applicants before the Court.
The Court reiterated that adoption leading to the irreversible breakdown of family relationships must remain a measure of last resort. It criticised the Italian authorities for failing to provide adequate support to help the parents develop their parenting capacities and for not sufficiently taking into account their vulnerable situation.
The ECHR also condemned the immediate suspension of contact between the child and her family while the proceedings were still pending, as well as the refusal to obtain an updated expert assessment despite evidence of significant improvements in the parents’ circumstances.
Importantly, the Court also found a violation of the grandparents’ right to respect for family life, holding that the authorities had failed to make the necessary efforts to preserve their relationship with their granddaughter.
The Court awarded more than 100 000 euros all damages combined.
Key takeaway: where supportive measures and less drastic alternatives remain available, the irreversible severance of family ties cannot be justified. Above all, the judgment paves the way for a renewed and immediate examination of the family’s situation by the Italian courts.
