Quotation Matti, Emanuel. 2015. VfGH 11.12.2014, G18/2014 (In the Child's best Interest). Vienna Journal on International Constitutional Law. (9): S. 275-280.


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Abstract

The Austrian Constitutional Court repealed a provision under which an adoptive parent needed to be at least sixteen years of age older than the adoptive child. The Court stated that such a rigid age restriction results in a violation of the child's best interest and the child's right to the best possible development and deployment, as a slight shortfall of the age difference is not possible; not even with judicial discretion. The child's right to the best possible development and deployment exhibits the essential content of a social right. Hence, the present judgment needs to be seen in view of the general discussion concerning constitutionally granted social rights in Austria.

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Publication's profile

Status of publication Published
Affiliation WU
Type of publication Case note
Journal Vienna Journal on International Constitutional Law
Language English
Case VfGH 11.12.2014, G18/2014 (In the Child's best Interest)
Number 9
Year 2015
Page from 275
Page to 280

Associations

People
Matti, Emanuel (Former researcher)
Organization
Austrian and European Public Law (Details)
Research areas (Ă–STAT Classification 'Statistik Austria')
5252 Basic and Human rights (Details)
5257 Family law and law of inheritance (Details)
5266 Constitutional law, general (Details)
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