03-12-2009, 13:49
Die letzten zwei Sätze seiner Begründung sind echt klasse. So nach dem Motto: Ey ihr, seid nicht so hart zu uns. Wir haben doch erkannt, dass wir was machen müssen und sind doch dabei.
However, in the end the different assessment by the majority in this case means that the domestic legislature is left with hardly any margin of appreciation with regard to the details of regulating parental custody for children born out of wedlock. I consider this to be a too far-reaching consequence of the judgment and would have preferred a more cautious approach in this difficult area. For the foregoing reasons I have therefore voted against finding a violation of Article 14 in conjunction with Article 8 of the Convention.
However, in the end the different assessment by the majority in this case means that the domestic legislature is left with hardly any margin of appreciation with regard to the details of regulating parental custody for children born out of wedlock. I consider this to be a too far-reaching consequence of the judgment and would have preferred a more cautious approach in this difficult area. For the foregoing reasons I have therefore voted against finding a violation of Article 14 in conjunction with Article 8 of the Convention.