Ismailova v. Russia, No. 37614/02, ECtHR (First Section), 2 June 2008

Refusal of child custody based on parent’s religious affiliation. Burden of providing concrete and direct evidence of the negative influence of religion on the minor.

 

Art 14 ECHR
Art 8 ECHR

1. The choice made by the national authorities to deny custody to a parent because of his belonging to a religious minority creates a difference in treatment that can be considered discriminatory only in the absence of an objective and reasonable justification, that is, if it is not justified by a legitimate aim and if there is no reasonable relationship of proportionality between the means employed and the aim sought to be realised. 

2. If there is  a concrete and direct evidence of the negative influence that the applicant’s religion has on the growth and daily life of the children, the choice to deny her custody is a reasonable and proportional measure in relation to the objective pursued, which is the best interest of the child. Therefore, it does not entail discriminatory treatment detrimental to private and family life.