23 Jan The court decision ordering the DNA test in disputed paternity case did not violate right to privacy

The European Court of Human Rights held, unanimously, that there had been no violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights in the case of Mifsud v. Malta (application no. 62257/15).

The case concerned Mr Mifsud’s complaint about being ordered by a court to undergo a DNA test in a contested paternity case. A woman, X, began court proceedings to have Mr Mifsud declared her biological father and for this to be put on her birth certificate.

The Court found the courts had examined Mr Mifsud’s objections to taking the test in a first-instance civil court and at two levels of constitutional jurisdiction, eventually finding against him and ordering the procedure to take place.

The Court concluded that what was important was that the applicant had been able to participate in the proceedings, presenting arguments and examining witnesses. Such tests did not contradict the rule of law and natural justice, particularly given the legitimate aim in this case of the State fulfilling its duty to X under Article 8.

The Court found that the domestic courts had fairly balanced Mr Mifsud’s rights and those of a woman, X, who was trying to establish that he was her father and there had been no violation of Article 8.

References from the official website of the European Court of Human Rights held