ENTRY INTO FORCE of the European Convention on Human Rights
23 January 1967
Number of implemented cases*
M.D. lost custody of her two children after the authorities found that her former partner had been beating them and she had not protected them. M.D. then ended her relationship with the abusive partner and tried to get her children back. However, under Maltese law she had lost custody of the children forever, and she had no way to challenge this in the national courts.
Mrs M had her legal dispute presided over by a judge who was closely related to two of the lawyers representing the other side. The Strasbourg court ruled that Mrs M’s fears of impartiality had been justified and her right to a fair trial had been breached.
* This figure includes implemented judgments of the European Court of Human Rights and implemented friendly settlements in litigation before the court. The statistics will be updated annually, at the beginning of each calendar year. Source: the database of the Department for the Execution of Judgments of the ECHR, HUDOC-EXEC.