Open AccessEuropean Court of Human Rights and right to respect for family life: the role of the best interests of the child in establishing equality between divorced parents
Author(s) -
Kyriaki Patsianta
Publication year - 2017
Publication title -
the canadian journal of children's rights
Language(s) - English
Resource type - Journals
ISSN - 2369-7512
DOI - 10.22215/cjcr.v4i1.93
Subject(s) - human rights , sexual orientation , best interests , law , family court , gender equality , political science , sociology , law and economics , psychology , social psychology , gender studies
This article discusses the European concept of the best interests of the child forged by the European Court of Human Rights in cases concerning family life. The Strasbourg Court does not determine in a detailed way all the aspects of the child’s best interests in a case presented before it. It forges its minimum content while the Member States are free to complete its construction.This European minimum content contains two branches: the conceptual principles and the methods of evaluation. An analysis on specific judgments of the Court regarding equality between divorced parents in parental rights allocation provides a concrete example of how these two branches are constructed by it. The alleged discriminatory treatment relates to issues like religion, sexual orientation, transsexualism.