Protection of the Right to Respect for Private and Family Life in European Court of Human Rights

L.Yu. Fomina
European Research Studies Journal, Volume XIX, Issue 3B, 97-110, 2016
EOI: 10.11214/thalassinos.19.04.006

Abstract:

The paper deals with the issue of protection of the right to respect for private and family life in European Court of Human Rights. This right is guaranteed at the level of major international law acts in the area of human rights protection: The Universal Declaration of Human Rights 1948, The International Covenant on Civil and Political Rights 1966. The European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 may be also referred to such acts. It’s suggested that ECtHR operating under the monitoring mechanism provided by the Convention pays conspicuous attention to issues of the right to respect for private and family life guaranteed under article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. To support this claim corresponding statistics is brought forward. The content of private and family life concepts in ECtHR practice is studied. The Court’s understanding of invasion of private and family life on the part of the state under Part 2 Art. 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 and legal views of ECtHR are considered. Protection of human rights in the area of environmental conservation pursuant to Art. 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and corresponding elaborated approaches are studied.


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