Author(s):
Almeida, Susana 
Date: 2009
Persistent ID: http://hdl.handle.net/10400.8/861
Origin: IC-online
Subject(s): Family life; Human rights
Document details
The right to respect for (private and) family life in the case-law of the Europ...
Description
Comunicação apresentada no 5th World Congress on Family Law and Children’s Rights, Halifax, Canada, 23th-26th August 2009. This paper examines the scope of protection granted to new forms of family by Article 8 of the European Convention of Human Rights, which guarantees the right to respect for family life. In particular, the paper intends to analyze the complex and evolving interpretive task of the European Court of Human Rights in regard to the definition of the term “family life” under Article 8. Consequently, this paper assesses Strasbourg’s case-law concerning new forms of family, such as de facto, mono-parental, recomposed, transgender and homosexual families. The case-law analysis carried out in this paper allows us to conclude that the main lines of the Strasbourg Court’s decisions in this field are nothing more than a reflection of the coordinates of the existing Family Law in Europe: equality and pedo-centrism. The principles drawn out by the Court match with an equalitarian and non- discriminatory vision of the law, focused entirely on the child's best interests. In some areas, however, the commitment to the principle of equality is suspended by the European Court of Human Rights on the grounds of protection of marriage and the traditional family.
Comunicação apresentada no 5th World Congress on Family Law and Children’s Rights, Halifax, Canada, 23th-26th August 2009. This paper examines the scope of protection granted to new forms of family by Article 8 of the European Convention of Human Rights, which guarantees the right to respect for family life. In particular, the paper intends to analyze the complex and evolving interpretive task of the European Court of Human Rights in regard to the definition of the term “family life” under Article 8. Consequently, this paper assesses Strasbourg’s case-law concerning new forms of family, such as de facto, mono-parental, recomposed, transgender and homosexual families. The case-law analysis carried out in this paper allows us to conclude that the main lines of the Strasbourg Court’s decisions in this field are nothing more than a reflection of the coordinates of the existing Family Law in Europe: equality and pedo-centrism. The principles drawn out by the Court match with an equalitarian and non- discriminatory vision of the law, focused entirely on the child's best interests. In some areas, however, the commitment to the principle of equality is suspended by the European Court of Human Rights on the grounds of protection of marriage and the traditional family.
Document Type
Conference Object
Language English
Language English
| Financiadores do RCAAP | |||||||
|
|
|
|
|
|
||