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Parliamentary questions
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22 February 2010
E-0863/10
WRITTEN QUESTION E-0863/10
by Konrad Szymański (ECR)
to the Commission

 Subject: Discrimination against Polish parents by the Austrian Jugendamt (youth welfare office)
 Answer in writing 

At the end of January the Austrian Jugendamt forcibly separated a Polish woman resident in Austria (Marzenie Zdębiał) from her son, on the grounds that a pedagogical investigation of the case was needed. Both the child's parents are Polish and, although there has been no court judgment restricting the mother's parental rights, the child remains separated from his mother, who is forbidden all contact with him.

In the light of the above:

1. Does the Commission not consider that removing a child from a parent who enjoys full parental rights, unaffected by any court judgment, represents a breach of Article 9 of the Convention on the Rights of the Child and Article 6 of the European Convention on Human Rights?
2. Is this arbitrary decision by the Austrian agency not tantamount to discrimination on grounds of nationality and as such should it not prompt intervention on the part of the EU institutions?

Original language of question: PLOJ C 138 E, 07/05/2011
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