Question juridique clé
Whether the refusal to restore suspensive effect under cantonal procedural law was arbitrary or disproportionate.
Solution extraite
The refusal was not arbitrary and did not amount to an abuse of discretion; the public interest in protecting young children outweighed the applicant’s financial interest.
Motifs extraits
Suspensive effect depends on a prima facie balancing of the interest in immediate التنفيذ and the interest in maintaining the status quo. The record contained sufficiently founded suspicions of repeated slaps, blows to the mouth, humiliations, and additional hygiene and safety deficiencies. Given prior warnings and repeated opportunities to change practice, the cantonal court could prefer child protection over the applicant’s private interest.