Why was Totopa v. Spain struck out from the list? a case of silenced vulnerability of a migrant mother under complex procedural constraints
(2023) Strasbourg Observers Blog — (2023)
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- Abstract
- Totopa v. Spain was struck out from the list on May 10, 2022. The case has not been judged. It was rather considered as “resolved” under Article 37(1)(b) ECHR. For once the application had been lodged, the Spanish Government finally gave the applicant what she had been asking for months: the custody of her four-year-old child. Yet the applicant was still complaining about the lack of any contact with her child during seven months and the complexity of the reunification procedure, while the Government did not recognise the alleged violation of Articles 8 and 13 ECHR. There was no agreement between them. Albeit not ruling on the merits, the Court blamed the applicant for the delay, overlooking the fact that domestic procedural constraints aggravated the “migratory vulnerabilities” she was facing – and caused the alleged violations of the Convention. Vulnerability was met with victim blaming.
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Citations
Hardt, M., & Haumont, G. (2023). Why was Totopa v. Spain struck out from the list? a case of silenced vulnerability of a migrant mother under complex procedural constraints. Strasbourg Observers Blog. Published. https://hdl.handle.net/2078.5/164022 (Original work published 2023)