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Parent-Child Relationship Cases Before the ECtHR

Journal: SocioEconomic Challenges (SEC) (Vol.4, No. 1)

Publication Date:

Authors : ;

Page : 36-64

Keywords : right to a fair trial; right to family life; parental authority; parental care; access / contact; European Convention on Human Rights;

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This paper summarizes the arguments and counterarguments within the scientific discussion on the issue of choosing between Article 6 (Right to a fair trial) or/and Article 8 (Right to family life) of the European Convention on Human Rights (hereafter ‘ECHR') when being applied by the European Court of Human Rights (hereafter ‘ECtHR') in parent-child relationship cases. The main purpose of this research is to understand these provisions and their interplay. There is no particular systematization of literary sources and approaches for solving this problem, because it is new. The analysis of applications lodged before the ECtHR indicates that the applicants usually raise both provisions for the reason of procedural safety. What is the response of the ECtHR? The investigation in this paper concerning the topic ‘what is protected by which provision, and is there any pattern in the application of Articles 6 and 8 in cases involving both provisions?' is carried out in the following logical sequence: Relevant legal framework (Section 2); Research interest and question (Section 3); Research methodology (Section 4); Parental authority, custody, and access/contact, regarding cases respectively involving Articles 6 and 8 ECHR (Section 5). The methodological tool of the research method was the ECtHR Hudoc database. The object of the research is the ECtHR, because, namely, this institution interprets Article 6 and Article 8 of the ECHR. The paper presents the results of an empirical analysis of 212 judgments delivered by the ECtHR during the last twenty years. These showed that, with regard to the interplay between Articles 6 and 8 ECHR, there are some trends in its case-law which give guidance to the applicants, the judges and other practitioners concerned, as well as to scholars. The results of the research can be useful in efficiently analysing, applying, defending and adjudicating these rights.

Last modified: 2020-04-07 03:20:13