Right to Respect for Private and Family Life

Wedeł-Domaradzka, Agnieszka (2026) Right to Respect for Private and Family Life. In: The European Convention on Human Rights. Central European Academic Publishing, pp. 289-326. ISBN 9786157027367

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Abstract

The subject of this study is the protection of the right to private and family life guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) inrelation primarily to the countries of Central and Eastern Europe. This work analyses the understanding of the right to protect private and family life and the travaux préparatoires concerning Article 8 ECHR. The scope and context of the protection of the right to private and family life provided by the ECHR and other legal acts in the human rights field are also analysed. A separate part of the study consists of considerations concerning changes in the interpretation of the right to family and private life and the creation of standards for the scope of its protection in the case law of the European Court of Human Rights (ECtHR). The issues addressed in the study also include an analysis of the most critical cases related to protecting the right to private and family life. This analysis covers the protection of the right to private life and the standards of protection of the right to family life.In terms of aspects concerning private life, the analysis focuses on three aspects, i.e. the physical, psychological or moral integrity of individuals, the privacy and the protection of personal autonomy and identity. Regarding the right to family life, the analysis covers relations between spouses or persons in a stable or a casual relationship, relations between parents and their children, and issues relating to adoption and assisted procreation. The same analysis pattern also covers cases decided upon based on Article 8 ECHR, concerning Central and Eastern European countries.

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