Protection of family life: Positive approaches and the ECHR

Abstract

The principal aim of this paper, is to examine the protection of family relationships, particularly parent-child relationships, within the European Convention on Human Rights. The protection of family life is usually seen as imposing a negative obligation upon states to refrain from action which would interfere with the family, but there is also a more dynamic interpretation which requires states to take positive action to recognize family relationships. While in some respects the Convention has been used as a progressive instrument, the Court and Commission offer a restrictive interpretation of the family which appears to offer less protection for non-traditional types of family relationships, particularly in the context of positive obligation towards non-marital families. In view of the scope for imposing positive obligations upon states to respect family life, such a restrictive approach may be difficult to justify.

Key Words:

• human rights
• European Convention
• Article 8
• family life
• Article 12
• marriage