McCanns appeal to the European Court of Human Rights

[Brietta]

I don't think Kate, Gerry and the family will be looking at this as more than a box ticking exercise that had to be done to restore the good name


IMO most of what they have done seems to be a box-ticking exercise to clear their good name IMO

Madeleine is yet another member of the McCann family who had her right to be looked for abrogated by the Portuguese when the investigation into her disappearance was side tracked then shelved.

Only Madeleine's parents kept the search for her alive and it looks as if that may at long last be on the road to fruition thanks to German diligence.

If their appeal to the European Court is successful I think it should be followed by a lot of soul searching by those who have adopted a negative approach to the search for Madeleine.  Epitomised by sometimes actively working to place obstacles in the way of her parents' endeavours on her behalf.

[kizzy]

Madeleine is yet another member of the McCann family who had her right to be looked for abrogated by the Portuguese when the investigation into her disappearance was side tracked then shelved.

Only Madeleine's parents kept the search for her alive and it looks as if that may at long last be on the road to fruition thanks to German diligence.

If their appeal to the European Court is successful I think it should be followed by a lot of soul searching by those who have adopted a negative approach to the search for Madeleine.  Epitomised by sometimes actively working to place obstacles in the way of her parents' endeavours on her behalf.

obstacles in the way of her parents' endeavours on her behalf.


Unfortunately, the ECHR are unable to help Maddie with her rights

It seems the mccs took away the obstacle of protecting Maddie and her right to have been protected so no harm would come her way.

The mccs prefered there right to share adult company than safeguarding their children right to protection it seems.

Leaving three vulnerable children to the elements

[Brietta]

obstacles in the way of her parents' endeavours on her behalf.


Unfortunately, the ECHR are unable to help Maddie with her rights

It seems the mccs took away the obstacle of protecting Maddie and her right to have been protected so no harm would come her way.

The mccs prefered there right to share adult company than safeguarding their children right to protection it seems.

Leaving three vulnerable children to the elements

Yes, we know all about that.  Have known since it happened on the 3rd May 2007.

But who is responsible now and since then for the neglect of Madeleine and her right to be looked for.  Madeleine's parents have devoted their lives to finding out what happened to her.
There are many people who have done all they possibly can over a period of fourteen years ~ indeed have forged a career from attempting to thwart their every move in their search for Madeleine.
In my book that prolonged negativity may be even more reprehensible and damaging.

We have seen the reluctance to face facts as epitomised by the refusal of some to accept initially that the McCanns had grounds to take their case to the ECHR then the hope that they would not be heard ... and here we are.
It really looks as if the lawmakers are going to exercise the right to scrutinise the laws they made and to which others have agreed.
I have every expectation it will go as well as I hope it will.

[faithlilly]

Yes, we know all about that.  Have known since it happened on the 3rd May 2007.

But who is responsible now and since then for the neglect of Madeleine and her right to be looked for.  Madeleine's parents have devoted their lives to finding out what happened to her.
There are many people who have done all they possibly can over a period of fourteen years ~ indeed have forged a career from attempting to thwart their every move in their search for Madeleine.
In my book that prolonged negativity may be even more reprehensible and damaging.

We have seen the reluctance to face facts as epitomised by the refusal of some to accept initially that the McCanns had grounds to take their case to the ECHR then the hope that they would not be heard ... and here we are.
It really looks as if the lawmakers are going to exercise the right to scrutinise the laws they made and to which others have agreed.
I have every expectation it will go as well as I hope it will.

The ECHR claim is at the same point now as it was four years ago.

[G-Unit]

I think it looks very good for the McCanns... We will see

I have only looked at the cases quoted by the ECHR in relation to their first question to the parties;

1. Was there an infringement of the applicants' right to respect for their private life, within the meaning of Article 8 § 1 of the Convention (see, Axel Springer AG v. Germany [GC], no. 39954/08 , § 83, 7 February 2012; and Larrañaga Arando and Others v. Spain (dec.), Nos. 73911/16, 233/17 3086/17 and 5155/17, § 42, 25 June 2019) with regard in particular to the allegations made by GA in the disputed book and documentary?

The applicants claimed breach of respect for private life (Alex Springer) and of the presumption of innocence (Larrañaga Arando). Neither of their claims were upheld by the ECHR. It seems to me that it will be necessary for the claimants to demonstrate how their claims differ from those quoted.

[Mr Gray]

I have only looked at the cases quoted by the ECHR in relation to their first question to the parties;

1. Was there an infringement of the applicants' right to respect for their private life, within the meaning of Article 8 § 1 of the Convention (see, Axel Springer AG v. Germany [GC], no. 39954/08 , § 83, 7 February 2012; and Larrañaga Arando and Others v. Spain (dec.), Nos. 73911/16, 233/17 3086/17 and 5155/17, § 42, 25 June 2019) with regard in particular to the allegations made by GA in the disputed book and documentary?

The applicants claimed breach of respect for private life (Alex Springer) and of the presumption of innocence (Larrañaga Arando). Neither of their claims were upheld by the ECHR. It seems to me that it will be necessary for the claimants to demonstrate how their claims differ from those quoted.

So do you now accept the McCanns can make an application under article 8

[Mr Gray]

I have only looked at the cases quoted by the ECHR in relation to their first question to the parties;

1. Was there an infringement of the applicants' right to respect for their private life, within the meaning of Article 8 § 1 of the Convention (see, Axel Springer AG v. Germany [GC], no. 39954/08 , § 83, 7 February 2012; and Larrañaga Arando and Others v. Spain (dec.), Nos. 73911/16, 233/17 3086/17 and 5155/17, § 42, 25 June 2019) with regard in particular to the allegations made by GA in the disputed book and documentary?

The applicants claimed breach of respect for private life (Alex Springer) and of the presumption of innocence (Larrañaga Arando). Neither of their claims were upheld by the ECHR. It seems to me that it will be necessary for the claimants to demonstrate how their claims differ from those quoted.

In the Axel Springer case everything printed was true. The actor had been arrested for possession of cocaine

[G-Unit]

Madeleine is yet another member of the McCann family who had her right to be looked for abrogated by the Portuguese when the investigation into her disappearance was side tracked then shelved.

Only Madeleine's parents kept the search for her alive and it looks as if that may at long last be on the road to fruition thanks to German diligence.

If their appeal to the European Court is successful I think it should be followed by a lot of soul searching by those who have adopted a negative approach to the search for Madeleine.  Epitomised by sometimes actively working to place obstacles in the way of her parents' endeavours on her behalf.

Madeleine had the right to have her disappearance investigated in my opinion and the PJ did that to the best of their abilities. I don't know if a child has the "right to be looked for", do you have a cite for that please?

[Eleanor]

Madeleine had the right to have her disappearance investigated in my opinion and the PJ did that to the best of their abilities. I don't know if a child has the "right to be looked for", do you have a cite for that please?

What?  You don't know if a child has the right to be looked for?  I am truly shocked.

Does Madeleine have the right to be a British Citizen with her own Passport?

[Venturi Swirl]

Madeleine had the right to have her disappearance investigated in my opinion and the PJ did that to the best of their abilities. I don't know if a child has the "right to be looked for", do you have a cite for that please?

What do you see as the key differences between Madeleine's right to have her disappearance investigated (something which you do accept) and her right to be looked for (something which you don't accept)?

[G-Unit]

In the Axel Springer case everything printed was true. The actor had been arrested for possession of cocaine

So you think the German courts got it wrong, and Bild's freedom of expression did indeed outweigh the actor's rights?

[G-Unit]

What?  You don't know if a child has the right to be looked for?  I am truly shocked.

Does Madeleine have the right to be a British Citizen with her own Passport?

I asked for a cite demonstrating the existence of a child's right to be looked for.

Madeleine's right to a recorded identity seems to be covered by Article 7 of the UN convention
on the rights of the child
https://www.unicef.org.uk/child-rights-partners/wp-content/uploads/sites/3/2016/08/CRC_summary_leaflet_Child_Rights_Partners_web_final.pdf

[Mr Gray]

So you think the German courts got it wrong, and Bild's freedom of expression did indeed outweigh the actor's rights?

Absolutely... I'll post why later

[Brietta]

I asked for a cite demonstrating the existence of a child's right to be looked for.

Madeleine's right to a recorded identity seems to be covered by Article 7 of the UN convention
on the rights of the child
https://www.unicef.org.uk/child-rights-partners/wp-content/uploads/sites/3/2016/08/CRC_summary_leaflet_Child_Rights_Partners_web_final.pdf

If you don't know why a missing child does not have the right to be looked for I am sadly powerless to help you.

[Venturi Swirl]

What do you see as the key differences between Madeleine's right to have her disappearance investigated (something which you do accept) and her right to be looked for (something which you don't accept)?

Asking G-Unit again to clarify.