June 1st, 2016
To: European Court of Human Rights
Attention: Mr. Judge Paul Mahoney (UK), Mrs. Judge Iulia Motoc (RO)
Dear Judges and Court,
As citizens of Romania, as parents or future parents and as Orthodox Christians we need to bring into your attention and report serious violations of the international laws and national Romanian legislation(Law no. 272 of 2004 about protection of children’s rights – Articles 1, 2, 3, 5, 6, article 30 paragraphs 1, 41) by the local authorities in the United Kingdom and Ireland in the case of Barbu family.
As you may have already taken note, the Barbu family’s children were removed from their natural family (biological) and were entrusted for adoption after an offensive and ridiculous approach of the local UK officials, without any right of reply. Please note that all family members are Romanian citizens. So how is it possible that for two Romanian children – we emphasize Romanian citizens!!! – to be started a petition for adoption by foreign persons of another nationality, religion, values, even more, from father’s narrations, it seems that it’s a gay couple – against the Romanian legislation, and all that without the involvement of the Romanian State and without direct consultation of the involved parties in this case?
Why were not taken into account the reports sent from Romania written by Child Protection Service Craiova to which a lot of people contributed?
Abuses by local authorities in the United Kingdom (UK) in this case violates, by the way how they acted, many norms of international law related with human rights and children’s rights as follows:
- UN Convention regarding the Child Rights: Article 2, paragraph 2; Article 8, paragraph 1; Article 12, paragraph 2; Article 14; Article 20 alin.1,2,3; Article 21.
,, The States Parties undertake to respect the rights of the child to preserve identity, including nationality, name and family relations as recognized by law without unlawful interference,, (article 8, paragraph 1)
,, States Parties shall respect the child’s right to freedom of thought, conscience and religion,, (article 14)
- International agreement on Civil and Political Rights
Article 23 alin.1,4.
- European Convention on Human Rights and Fundamental Freedoms – Article 6 paragraph 2, Article 8, 9.
Also, if we consider the legislation in Romania, Law 272 of 2004, we see that its provisions were not considered: “The best interests of the child shall prevail in all actions and decisions concerning children, undertaken by public authorities and private authorized bodies, as well in the cases decided by the courts. (paragraph 3); the persons provided in paragraph 3 are obliged to involve the family in all decisions, actions and measures regarding the child care and support, growth and training, development and education of the child within the family.
The provisions of this law apply to: a) The Romanian children citizens on Romanian territory; b) The children of Romanian citizens abroad; (Articles 2, 3).
In addition, Article 41, paragraph 2 of the above mentioned law states that “the individual or the family that would be guardian must be assessed by the general direction of social assistance and child protection regarding the moral guarantees and material conditions, which must be met to receive a foster child. The assessment is made by the general direction of social assistance and child protection at the person’s home or family, giving priority to the child’s extended family members.,, – which has not happened in this case.
Therefore, we ask for the present delicate situation, with the complexity of the factors that led to this demarche, the case of Barbu family to be solved as soon as possible. Every moment is very important for their children deeply affected causing trauma that may have irreversible consequences due to separation from the natural family.
Thus, we request urgent and insistent the two children of the Barbu family, put in custody and proposed illegal and abusive for adoption by a couple – as we mentioned above it seems gay, to be returned unconditionally to the family or extended family.
We underline also that abusive acts committed by British authorities were reached endangering the health of Mr. Florin Barbu, the natural father of the children, being now on hunger strike, 16th day, in front of the ECHR in Strasbourg. We are beside Barbu family at these heartbreaking moments and we appreciate the dignity father’s that can go up to the supreme sacrifice in recovering his children.
We count on direct support and institutional authority that you represent, to give back the Barbu children to the natural parents, as well as the other families in the same suffering, the right to life and happiness by ending any abuse of this kind.