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Europejski Trybunał Praw Człowieka: Surogacja nie tworzy więzów rodzinnych

Europejski Trybunał Praw Człowieka potwierdził, że w zakres pojęcia „życie rodzinne” nie wchodzi relacja między dzieckiem a osobami z nim niespokrewnionymi, kreowana sprzecznie z prawem.

 

24 stycznia 2017 r., Wielka Izba Europejskiego Trybunału Praw Człowieka, wydała istotny wyrok, dotyczący macierzyństwa zastępczego. W sprawie Paradiso i Campanelli  przeciwko Włochom, Trybunał uznał, że włoskie władze działały zgodnie z prawem, pozbawiając skarżących opieki nad dzieckiem, które pozyskali korzystając z usług surogatki, co w świetle włoskiego prawa jest całkowicie nielegalne.

Dziecko zostało poczęte metodą in vitro, na zamówienie, które zostało zrealizowane za pośrednictwem firmy Rosjurconsulting, specjalizującej się w tego typu usługach.

Władze Włoch, dostrzegając naruszenie prawa międzynarodowego i włoskiego porządku publicznego, zdecydowały, że w interesie dziecka jest odsunąć nabywców dziecka od opieki nad nim i umieścić je w ośrodku adopcyjnym celem znalezienia dla niego rodziny adopcyjnej w sposób zgodny z prawem.

Trybunał w pierwszym orzeczeniu dotyczącym niniejszej sprawy, które zapadło 27 stycznia 2015 r., nakazał Włochom wypłacić skarżącym 30 tysięcy euro tytułem odszkodowania uznając, że odebranie dziecka naruszyło ich prawo do poszanowania ich życia prywatnego i rodzinnego. Trybunał potwierdził prawo włoskich władz do odmowy legalizacji surogacji, jednak uznał, że nabycie dziecka mogło stanowić założenie rodziny, co podlega już ochronie Europejskiej Konwencji Praw Człowieka, przynajmniej tak długo, jak nabywcy zachowują się jak rodzice. Trybunał wywnioskował z tego, że ochrona życia rodzinnego w tej formie jest ważniejsza niż poszanowanie porządku publicznego, a w interesie dziecka leży jego wychowanie przez nabywców. W ten sposób, Trybunał zajął stanowisko, z którego wynikałoby, że sprzedaż dziecka dokonuje się, w imię jego najlepiej pojętego interesu.

W przeciwieństwie do pierwszego orzeczenia, Wielka Izba Trybunału przypomniała, że „Konwencja nie przyznaje prawa do stania się rodzicem”, i wyjaśnił, iż „interes publiczny” przeważa nad subiektywnym „pragnieniem zostania rodzicem”. Trybunał uznał dodatkowo, że „zgoda na pozostanie dziecka ze skarżącymi byłaby równoznaczna z legalizacją sytuacji, która naruszyłaby ważne zasady włoskiego prawa”.

W opinii ekspertów Instytutu Ordo Iuris wyrok Wielkiej Izby ETPC w sprawie Paradiso i Campanella gwarantuje państwom Rady Europy możliwość zdecydowanego sprzeciwiania się w swym prawodawstwie i zapobiegania szerzeniu się na międzynarodową skalę procederu surogacji.

 

Ordo Iuris

Jeżeli podobają Ci się materiały publicystów portalu Prawy.pl wesprzyj budowę Europejskiego Centrum Pomocy Rodzinie im. św. Jana Pawła II poprzez dokonanie wpłaty na konto Fundacji SOS Obrony Poczętego Życia: 32 1140 1010 0000 4777 8600 1001. Pomóż leczyć ciężko chore dzieci.

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There are likely to be options available to you. To help you understand the situation, let’s first take a look at why lenders might be unwilling to offer you a remortgage deal. Bad credit calculator Find out if you can get a mortgage with our new calculator. Check here Why Might Lenders Be Unwilling to Remortgage? Most high street lenders will look upon bad credit remortgage applications in the same way they’d consider, and probably turn down, initial mortgage applications from people with bad credit. From a financial standpoint, a history of bad credit or an existing bad credit score is indicative of poor money management skills, and this makes those applicants a high risk for lenders. However, as with most things involving finance, there are a number of truths and myths which can become blurred. The biggest misconception is that the answer to a bad credit remortgage application will always be a resounding ‘no’. 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Arguably the most important thing you can do is to improve your credit score. Improving your credit score is a continuous process, not something that can be achieved overnight – you must persevere with it to get results. However, if you are taking the right steps, you will soon begin to see some small improvements. Having a healthy credit score will make a huge difference to your future financial dealings. We always recommend speaking to a qualified adviser with regard to putting together a plan to improve your credit score; however, there are some immediate actions you can take to put your credit rating back on track. These include: Get a copy of your credit report from each of the UK’s three credit reference agencies – Experian, Equifax and Callcredit – and check that the details they hold are correct (they may hold different details, so do get your report from all three, not just one) Regularly update the personal details held on your credit report Make sure you are registered on the electoral roll Keep track of your credit card balances; ideally try to always pay more than the minimum to drive the balance down, and take care not to go over your agreed credit limit Use your calendar to make sure you pay your bills on time and manage your monthly income Cancel all lines of credit that are not in use, such as store cards or ‘just in case’ credit cards (but see below for an alternative option) Build up a positive credit history; for example, if you have a credit card that you don’t use, rather than cancelling it, use it at least once a month, perhaps for buying petrol or groceries – but make sure you pay it off in full every time, don’t build up additional debt Resist the temptation to take out payday loans, as they are considered to be a red flag showing that you cannot manage your finances month to month Moving forward, leave any good debt on your report For more suggestions as to how you can repair your credit rating, check out our page of simple tips. Additional actions to take Something else to bear in mind if any missed payments show on your credit record is whether they were due to events outside of your control. If, for example, your employer went out of business, leaving you financially stranded, then you should contact each credit reference agency and explain what happened. They have the ability to add a note of correction to your credit file explaining the circumstances, which may well mitigate the effect of the default on future credit decisions. There are other things you can do that, while they do not in themselves boost your credit rating, will help you to avoid falling into future difficulties, and perhaps to pay things off faster. For example, take on some freelance work or a second job, or look for a job that pays more or is closer to home (so you save money on commuting). Make sure you aren’t paying more than you need to for things like your mobile phone, cable TV, fuel and broadband, and if you have a gym membership but can’t remember the last time you were there, cancel it. The more you have left after paying your bills, the better your chances of passing the affordability test. What is the affordability test? Every application for a mortgage or a remortgage is subject to an affordability assessment, and this is the case no matter what the credit status of the applicant might be. Potential lenders will look at income versus expenditure, taking everything into account, to arrive at a debt-to-income ratio. Since June 2014 the Financial Conduct Authority’s recommendation is that the debt-to-income ratio should be no higher than 45 for an offer of a mortgage or remortgage to be made. If you want to do a quick, rough calculation to see where you stand, then: make a list of all income you will receive over the year and divide by 12 (if all your income comes in monthly, just add it up) add up all your monthly bills – mortgage, credit card, etc. – then list all your other bills, whether quarterly, annual or whatever; add the monthly cost of these additional bills to your original total divide your monthly expenses by your monthly income and multiply the answer by 100, which will give you your debt-to-income ratio, expressed as a percentage The lower the number, the better. You can lower your debt-to-income ratio by either reducing your debt or increasing your income. What if you can’t wait for your credit score to improve over time? For those in need of a more immediate remortgaging solution, there are specialist lenders who work with applicants with low credit scores, offering deals that cannot be obtained from high street lenders. So if your need is urgent and you are asking yourself, ‘Can I remortgage with bad credit?’ the answer is ‘yes’. Get in touch today for free initial advice and no-obligation quotes from our team of experienced bad credit brokers. How can we help? Just Mortgage Brokers have experience of working with property owners at all levels, from those who are relatively new homeowners to highly experienced landlords with extensive property portfolios. We also have unlimited access to the UK mortgage market and many years of experience of working with a network of bad credit lenders across the country. That means we are not restricted to products from any one particular lender but can work with a diverse range of specialist lenders to secure the remortgage deal you require. This combination of impartiality and unlimited market access gives us the very best chance of obtaining a competitively priced bad credit remortgage. 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