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Part A - The Right to Family Life and Privacy

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Chapter Summary

The European Court of Human Rights (ECtHR) operates with three criteria: a biological criterion (blood ties), a legal criterion (marriage, legitimate, illegitimate, or adoptive affiliations), and a social and more emotional criterion (de facto family life, i.e. cohabitation, financial dependency, participation in the education and the upbringing of a child, and so on). The right to respect for family life protects both the actual family life as well as the potential family life of an individual (for example the relationship between parents and children that are not actually living together). The views of the Human Rights Committee (HRC) are more expansive than the ones of the ECtHR concerning the application of the right to family life to matters concerning ethnic minorities. The HRC accepted that the construction of a hotel complex on ancestral burial grounds did interfere with the right to family life and privacy of the descendants.

Keywords:European Court of Human Rights (ECtHR); family life; Human Rights Committee (HRC); privacy

10.1163/ej.9789004165175.i-628.142
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