Paparrigopoulos v. Grecia, No. 61657/16 ECtHR (First Section), 30 June 2022

Manifest violation of Article 8 of the ECHR due to unequal treatment between the mother and the biological father not joined in marriage of a child when the biological father is not granted the right to exercise parental responsibility for his daughter.

Art. 8 ECHR
Art. 14 ECHR

1. National legislation restricting the exercise of parental authority by the father of a child born out of wedlock, by requiring, in the case of judicial recognition of paternity, the mother's necessary agreement for its exercise, constitutes unequal treatment in relation to the mother or the married or divorced father, not justified by the best interests of the child.
 
2. Article 8 is essentially designed to protect the individual from arbitrary interference by public authorities. However, it may also give rise to positive obligations relating, inter alia, to the effectiveness of investigative procedures concerning family life. ineffective, and delayed, conduct of child custody proceedings may result in a breach of the positive obligations under Article 8 of the Convention, as procedural delay may result in the disputed matter being effectively decided. It follows that in cases involving a person's relationship with his or her child, there is an obligation to exercise exceptional diligence in view of the risk that the passage of time may lead to a de facto determination of the case. This obligation, which is decisive in assessing whether a case has been heard within a reasonable time, as required by Article 6 § 1 of the Convention, is also one of the procedural requirements implicit in Article 8 ECHR.