Family and private life according to ECHR jurisdiction

Author:Mirela Fana
Pages:8-16
Vol
.
6
N
o
. 1
M
arc
h
, 202
0
A
cademic Journal o
f
Business,
A
dministration, Law and Social Science
s
II
PCCL Pu
bl
is
h
ing, Graz-
A
ustri
a
ISS
N 2410-391
8
A
cces online at www.ii
p
ccl.or
g
8
Family and private life according to ECHR
j
urisdiction
r
F
n
Ab
str
a
c
t
I
n the
A
lbanian jurisdiction, the treatment o
f
existing concepts o
f
"
f
amily", "
f
amily li
f
e" and
"private li
f
e" is limited in terms o
f
legal, doctrinal or even jurisprudential meaning.
I
n the
meantime, other jurisdictions have developed
f
amily and private li
f
e regulation to respond
to mo
d
ern
d
ynamics an
d
d
eve
l
opments in re
l
ation to t
h
ese
l
aw institutes in suc
h
a way as to
include the regulation o
f
paternity cases o
f
children born out o
f
wedlock as well as children
b
orn through the ever-increasing methods o
f
assisted reproduction
.
T
his paper
f
ocuses precisely on a comparative analysis o
f
the
f
amily institute on supranational
jurisprudence at the
E
CHR, analyzed under the perspective o
f
A
rticle 8 o
f
the
E
uropean
C
onvention on Human Rights, on the protection o
f
the right to private and
f
amily li
f
e.
K
e
y
wor
d
s:
f
amily, private li
f
e,
f
amily li
f
e.
I
ntr
odu
ct
io
n
R
es
p
ect
f
or
p
rivac
y
and
f
amil
y
li
f
e is a
f
undamental right
p
rotected b
y
the
E
uro
p
ean
Convention on Human Rights in
A
rticle 8 thereo
f.
1 The legal
p
rovision is
p
rimaril
y
intended to
p
revent an
y
unilateral inter
f
erence b
y
p
ublic authorities in the
p
rivate
and
f
amil
y
s
p
here o
f
an
y
individual. This instrument was ado
p
ted in 1950 within the
f
ramework o
f
the Council o
f
E
uro
p
e and constitutes a legal obligation
f
or 47 signator
y
countries, guaranteeing e
ective
p
rotection o
f
human rights and in
p
articular the
guarantee and res
p
ect o
f
f
amil
y
li
f
e
f
or nearl
y
800 million
p
eo
p
le.2
The
p
rovision in
A
rticle 8 o
f
the
E
CHR has a dual structure, common and similar to
o
ther
E
CtHR norms: the
rst
p
aragra
p
h sets out the
p
ur
p
ose o
f
a
p
rotected right - the
r
ight to res
p
ect
f
or
f
amil
y
and
f
amil
y
li
f
e.
p
rivate - while the second
p
aragra
p
h sets
o
ut the criteria b
y
which Member States o
f
the Council o
f
E
uro
p
e ma
y
legitimatel
y
inter
f
ere in the enjo
y
ment o
f
these rights.
3
1
Article 8, ECHR, “1. Everyone has the right to respect for his private and family life, his home
and his correspondence. 2. There shall be no interference by the public authority in the exercise of
t
his right except in accordance with law and what is necessary for a democratic society, in the in-
t
erests of public security and the economic well-being of the country, to prevent crime or disorder.
for the protection of health and morals, or for the protection of the rights and freedoms of others. "
2
See Almeida S., The Right to Respect for (Private and) Family Life in the European Court of
Human Rights: The Protection of New Forms of Family, Publication of the V Global Congress on
Family and Family Rights Children's, Canada, August 2009
.
3
Van Dijk P., Theory and practice of the European Convention on Human Rights, Kluwer Law
I
nternational, 2006, p. 34 following pages. Nagy I & Ader J., Ez a munka semmi köze a családi jog,
(translation, Underwood F.), 2004, p. 317-384
.

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