- 86 -
460
Cf. Case of the Hacienda Brasil Verde Workers v. Brazil, supra, para. 335.
461
Cf. Case of Gonzales Lluy et al. v. Ecuador, supra, para. 256.
462
Cf. Case of Atala Riffo and daughters v. Chile, supra, para. 124, and Case of I.V. v. Bolivia, supra, para. 244.
463
Cf. Case of Atala Riffo and daughters v. Chile, supra, para. 124, and Case of I.V. v. Bolivia, supra, para. 244.
Cf. Advisory Opinion OC-17/02, supra, para. 76. See also, Committee on the Rights of the Child, General Comment
No. 14 on the right of the child to have his or her best interests taken as a primary consideration (art. 3, para. 1), UN
Doc. CRC/C/GC/14, May 29, 2013, para. 62, and Committee on the Rights of the Child, General Comment No. 21 on
children in street situations, June 21, 2017, UN Doc. CRC/C/GC/21, para. 46.
464
Cf. ECHR, Case of Saviny v. Ukraine, No. 39948/06. Judgment of December 18, 2008, paras. 51, 57 and 58, and
Case of Soares de Melo v. Portugal, No. 72850/14. Judgment of February 16, 2016, paras. 89, 106 and 107. In this
regard, the European Court has indicated that “there must exist other circumstances pointing to the “necessity” for such
an interference with the parents’ right, under Article 8 of the [European] Convention [on Humana Rights], to enjoy a
family life with their child.” Cf. ECHR, Case of K. and T. v. Finland, No. 25702/94. Judgment of July 12, 2001, para. 173,
and Case of Kutzner v. Germany, No. 46544/99. Judgment of February 26, 2002, para. 69.
465
466
Cf. ECHR, Case of Soares de Melo v. Portugal, No. 72850/14. Judgment of February 16, 2016, para. 89.
467
Cf. ECHR, Case of Saviny v. Ukraine, No. 39948/06. Judgment of December 18, 2008, paras. 50 and 107.
Cf. ECHR, Case of Saviny v. Ukraine, No. 39948/06. Judgment of December 18, 2008, para. 50. See also, ECHR,
Case of Moser v. Austria, No. 12643/02. Judgment of September 21, 2006, paras. 68 and 69; Case of Wallová and Walla
v. The Czech Republic, No. 23848/04. Judgment of October 26, 2006, para. 73; Case of N.P. v. The Republic of Moldova,
No. 58455/13. Judgment of October 6, 2015, para. 79, and Case of Soares de Melo v. Portugal, No. 72850/14.
Judgment of February 16, 2016, paras. 106 and 107.
468
Cf. UNICEF, Implementation Handbook for the Convention on the Rights of the Child, Fully revised third edition,
2007, p. 123. See also, Committee on the Rights of the Child, Consideration of reports submitted by States Parties under
Article 44 of the Convention, Concluding observations: Nepal, September 21, 2005, UN Doc. CRC/C/15/Add.261, para.
54.
469