scholarly journals Sexual Orientation and the ECtHR: what relevance is given to the best interests of the child? An analysis of the European Court of Human Rights' approach to the best interests of the child in LGBT parenting cases

2015 ◽  
Author(s):  
Gabriel Alves de Faria
Keyword(s):  
Human Rights ◽  
Sexual Orientation ◽  
Best Interests ◽  
European Court ◽  
Lgbt Parenting

scholarly journals European Court of Human Rights and right to respect for family life: the role of the best interests of the child in establishing equality between divorced parents

2017 ◽  
Vol 4 (1) ◽  
pp. 48-70
Author(s):  
Kyriaki Patsianta
Keyword(s):  
Human Rights ◽  
Sexual Orientation ◽  
Family Life ◽  
Best Interests ◽  
Parental Rights ◽  
Member States ◽  
European Court ◽  
Methods Of Evaluation

This article discusses the European concept of the best interests of the child forged by the European Court of Human Rights in cases concerning family life. The Strasbourg Court does not determine in a detailed way all the aspects of the child’s best interests in a case presented before it. It forges its minimum content while the Member States are free to complete its construction.This European minimum content contains two branches: the conceptual principles and the methods of evaluation. An analysis on specific judgments of the Court regarding equality between divorced parents in parental rights allocation provides a concrete example of how these two branches are constructed by it. The alleged discriminatory treatment relates to issues like religion, sexual orientation, transsexualism.

The Best Interests of the Child

2020 ◽  
pp. 203-221
Author(s):  
Wouter Vandenhole ◽  
Gamze Erdem Türkelli
Keyword(s):  
Human Rights ◽  
Family Law ◽  
Children's Rights ◽  
Case Law ◽  
Children’S Rights ◽  
Best Interests ◽  
Rights Of The Child ◽  
European Court ◽  
Elusive Concept

The best interests of the child principle is considered a pillar of children’s rights law and, according to the UN Convention on the Rights of the Child (CRC), is to be a primary consideration in all actions concerning children. Yet best interests is an elusive concept and principle that has no single authoritative definition or description. Internationally and domestically relevant in such diverse areas as family law, adoption, migration, and socioeconomic policymaking, the best interests principle requires flexibility and is best served by a case-by-case approach, as has been recognized by the UN Committee on the Rights of the Child and the European Court of Human Rights. This chapter analyzes relevant international case law and suggests the use of a number of safeguards to prevent such requisite flexibility from presenting a danger of paternalism, bias, or misuse.

scholarly journals International adoption: lex adoptio and the plurality of connecting factors

2021 ◽  
pp. 10-21
Author(s):  
Kseniya Olegovna Trinchenko
Keyword(s):  
Human Rights ◽  
International Adoption ◽  
Single Case ◽  
Hague Convention ◽  
Best Interests ◽  
Intercountry Adoption ◽  
Conflict Of Laws ◽  
Rights Of The Child ◽  
European Court ◽  
Substantive Law

This article analyzes the substantive law and conflict of laws law of such countries as Austria, Venezuela, Germany, Dominican Republic, Iceland, Spain, Canada (Quebec), Norway, Poland, Portugal, Switzerland, as well as bilateral agreements on legal aid, case law of the European Court of Human Rights, which demonstrates the presence general principles of law, as well as the principle of protecting the weaker party to the legal relationship, the principle of observance of best interests of a child established by the universal multilateral international agreements: Convention on Human Rights of 1950, Convention on the Rights of the Child of 1989, Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. The author examines the relevant issues of the conflict of laws regarding the manifestation of the conflict of jurisdictions, plurality of connecting factors in regulation of a set of private law relations associated with international adoption. The result of the conducted research consists in formulation of a special statute of adoption (lex adoptio), analysis of its legal nature and scope. In the context of examination of the procedure for establishing international adoption, the author identifies the problem of dépeçage (different issues within a single case are governed by the laws of different jurisdictions). A classification is provided to the combinations of plurality of connecting factors established by the legislation of foreign countries, as well as multilateral international agreement – the Inter-American Convention on Conflict of Laws Concerning the Adoption of Minors of 1984).

Reconstructing the European Court of Human Rights’ Article 8 Jurisprudence in Deportation Cases: The Family’s Right and the Public Interest

2020 ◽  
Vol 20 (2) ◽  
pp. 333-360
Author(s):  
Jonathan Collinson
Keyword(s):  
Human Rights ◽  
Public Interest ◽  
Case Law ◽  
Best Interests ◽  
European Convention ◽  
The Public ◽  
European Court ◽  
Two Factors ◽  
The One ◽  
The Right

Abstract This article rationalises the case law of the European Court of Human Rights under Article 8 of the European Convention on Human Rights in deportation cases involving children. The Court engages in a balancing exercise between the right to family life of the deportee’s family on the one side, and the public interest in deportation on the other. This article expands on existing case law analysis by suggesting that in deportation cases, the Court considers Article 8 as a form of commonly held right, rather than an individual right held by one member of the family. Furthermore, the balance is argued to be constructed as a relationship between two factors on both sides, rather than of a sole factor on either side as being determinative. This article concludes that the best interests of the child (one of the ‘Üner criteria’) is not adequately reflected in the Court’s deportation decision-making practice.

Challenges to the Application of the Concept of Vulnerability and the Principle of Best Interests of the Child in the Case Law of the ECtHR Related to Detention of Migrant Children

2021 ◽  
pp. 104-137
Author(s):  
Ksenija Turković
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Migrant Children ◽  
Best Interests ◽  
Eu Law ◽  
Immigration Detention ◽  
Short Overview ◽  
European Court ◽  
International Instruments ◽  
Legal Consequences

The administrative detention of migrant children, and the conditions of deprivation of liberty, pose serious challenges to the realisation of their rights. The present chapter discusses the concept of vulnerability and the principle of the best interests of the child, and their legal consequences, for the effective respect, protection, and fulfilment of the human rights of migrant children in the context of immigration detention. In doing so, it gives a short overview of the developments in the Court’s case law related to detention of migrant children. Using the Court’s concepts of vulnerability, the best interests of the child, and circumscribed child’s autonomy, as well as taking inspiration from other international instruments and EU law, this chapter attempts to demonstrate where the European Court of Human Rights (ECtHR) case law on the detention of migrant children in particular under Articles 3, 5, and 8 of the ECHR could grow further, and the opportunities for such growth, as well as the barriers to it.

scholarly journals Definition of Mother in the English Legal System

2021 ◽  
pp. 113-134
Author(s):  
Óscar Celador Angón
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Family Law ◽  
Best Interests ◽  
Gender Transition ◽  
Legal Recognition ◽  
European Court ◽  
Definition Of

The purpose of this paper is to analyse how the term “mother” is defined in the English legal system. This question has recently been raised in English courts due to the McConnel case; where a woman, who had undergone a gender transition and acquired full legal recognition as a male, gave birth to a child and asked to be registered as the father of his child. In the first part of the paper, I will study the legal frame and the main decisions of the English courts. In the second part, I will analyse the decisions of the European Court of Human Rights and the consequences of the McConnel case in English family law. And finally, I will explain the role that the principle of the best interests of the child plays in this context.

scholarly journals RESTRICTIONS OF THE RIGHT TO LIBERTY

2020 ◽  
Vol 73 (12) ◽  
pp. 2915-2920
Author(s):  
Valentina I. Borisova ◽  
Yurii M. Zhornokui ◽  
Larysa V. Krasytska
Keyword(s):  
Human Rights ◽  
Research Methods ◽  
Mentally Ill ◽  
Case Law ◽  
Legal Regulation ◽  
Best Interests ◽  
Involuntary Admission ◽  
European Court ◽  
Special Scientific ◽  
The Right

The aim: To determine the grounds of involuntary admission of a mentally ill person in the context of the possibility to restrict his or her right to liberty. Materials and methods: The authors have studied and analyzed international legal acts, legislation of certain countries, judgments of the European Court of Human Rights, case law on involuntary admission of a mentally ill person by using philosophical, general and special scientific research methods. Conclusions: The imperfection of the legal regulation of relations concerning the involuntary admission of a mentally ill person leads to illegal restriction of the personal right to liberty. It has been proven that involuntary admission and restriction of the freedom of a mentally ill person can be justified, if we take into account the requirement of “therapeutic necessity” for a mentally ill person, the requirement of protecting the rights of others and guaranteeing their safety, the requirement of ensuring the best interests of a mentally ill person.

Huseini v. Ministry of Justice and Public Security

2019 ◽  
Vol 181 ◽  
pp. 419-435
Keyword(s):  
Human Rights ◽  
Migrant Children ◽  
Best Interests ◽  
European Convention ◽  
Detention Centre ◽  
Rights Of The Child ◽  
Societal Needs ◽  
European Court ◽  
Degrading Treatment ◽  
Article 5

Aliens — Asylum seekers — Detention of migrant children — Family detained in detention centre — Conditions in detention centre — European Convention on Human Rights, 1950, Articles 3, 5 and 8 — Jurisprudence of European Court of Human Rights — Convention on the Rights of the Child, 1989, Articles 3 and 37 — Whether detention of migrant children and their parents illegal — Whether Norway violating international obligations and Constitution of Norway — Whether damages appropriateHuman rights — Prohibition of torture and inhuman or degrading treatment or punishment — Whether detention of children and their parents illegal — Jurisprudence of European Court of Human Rights — Age of children — Length and conditions of detention — Whether violation of Article 3 of European Convention on Human Rights, 1950Human rights — Right to freedom and security — Whether detention of children and their parents illegal — Jurisprudence of European Court of Human Rights — Whether detention of family measure of last resort with no possible alternative — Whether violation of Article 5(1) of European Convention on Human Rights, 1950Human rights — Right to respect for private and family life — Whether detention of children and their parents illegal — Jurisprudence of European Court of Human Rights — Whether detention justified — Whether compelling societal needs — Whether proportionate — Whether violation of Article 8 of European Convention on Human Rights, 1950Human rights — Rights of the child — Whether detention of children illegal — Convention on the Rights of the Child, 1989, Articles 3 and 37 — Interpretation of Article 3 — Best interests of the child — Prohibition of torture and inhuman or degrading treatment or punishment — Whether measure strictly necessary — Whether violation of Articles 3 and 37 of Convention on the Rights of the Child, 1989Relationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950, Articles 3, 5 and 8 — Convention on the Rights of the Child, 1989, Articles 3 and 37 — Constitution of Norway — Jurisprudence of European Court of Human Rights — 2015 report by UN Special Rapporteur on Torture — Whether detention of migrant children and their parents illegal — Whether damages appropriate — The law of Norway

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