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SocioEconomic Challenges
Article . 2020 . Peer-reviewed
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SocioEconomic Challenges
Article . 2020
Data sources: DOAJ
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Parent-Child Relationship Cases Before the ECtHR

Authors: Dagmara, Rajska;

Parent-Child Relationship Cases Before the ECtHR

Abstract

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 analyzing, applying, defending, and adjudicating these rights. 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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Keywords

parental authority, parental care, родительский авторитет, HM401-1281, право на справедливое судебное разбирательство, батьківський авторитет, Sociology (General), right to a fair trial, батьківська турбота, право на семейную жизнь, право на справедливий суд, 340, Economic history and conditions, родительская забота, Європейська конвенція про права людини, HC10-1085, 320, Европейская конвенция о правах человека, access / contact, European Convention on Human Rights, right to family life, доступ / контакт, european convention on human rights, право на сімейне життя

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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gold