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Слайды и текст к этой презентации:
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Содержание слайда: The Right to Respect for Private and Family Life, Home and Correspondence
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Содержание слайда: What is meant by family life?
The ECHR contains no definition of “family life”
The notion is interpreted widely
The existence of “family life” is a question of fact.
Some family relationships automatically are protected by Article 8:
a child born to parents who are lawfully
married
the relationship between a mother and her child
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Содержание слайда: Unconventional family life
Unmarried fathers
The extended family
Family “ties” do not in themselves constitute family life
Atypical family structures
Transsexuals
Same sex couples
Artificial insemination/adoption
Children born to unmarried parents
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Содержание слайда: Children and human rights
The Convention applies to children as it does to adults
No general provision recognising the need for special protection and assistance to be given to the child. The ECHR should be read with the UN Convention on the Rights of the Child
Nielsen v Denmark (28.11.1988) the Court held that
the rights of the child may be limited by those who
have parental rights and responsibilities with regard
to their custody and care.
The importance of the family unit is recognised but, “the rights of the holder of parental authority cannot be unlimited and that it is incumbent on the State to provide safeguards against abuse.”
Positive obligations exist
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Содержание слайда: Taking children into care
Article 8 is engaged at all stages in care cases:
• leading up to seeking a care order,
• the judicial stage of care proceedings, and
• after the care order has been made.
In Olsson v Sweden (24.03.1988) the Court held that the making of the care decision was not a violation of the Convention but that the way in which that decision was subsequently implemented violated Article 8.
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Содержание слайда: Immigration and the European Convention on Human Rights
Two category of cases have emerged:
• Those involving the expulsion of integrated migrants (both second generation and long term residents) normally on public order grounds following a criminal conviction;
• Those involving the decision to expel or to refuse to admit third country nationals with close family members in the Contracting State, normally on economic interest grounds, or for the maintenance of immigration policy.
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Содержание слайда: Developing principles before the European Court of Human Rights
The Boultif criteria
These include:
the nature and seriousness of the offence;
the length of the applicant’s stay in the country from which he is going to be expelled;
the time elapsed since the offence was committed as well as the applicant‘s conduct in that period;
the nationalities of the various persons concerned;
the applicant’s family situation such as length of the marriage, and other factors going to the effectiveness of a couple’s family life;
whether the spouse knew about the offence at the time when he or she entered in to a family relationship; and
whether there are children of the relationship and if so their age.
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Содержание слайда: Restricting rights
Any restriction on civil and political rights must be prescribed by law.
The restriction must be justified by one of the aims recognised under the European Convention.
The restriction must be shown to be “necessary in a democratic society”.
Any qualification to rights cannot be applied in a discriminatory fashion.
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