Open AccessThe content of the principle of inadmissibility of interference in family life
Author(s) -
Марія Василівна Менджул
Publication year - 2021
Publication title -
analìtično-porìvnâlʹne pravoznavstvo
Language(s) - English
Resource type - Journals
ISSN - 2788-6018
DOI - 10.24144/2788-6018.2021.01.8
Subject(s) - obligation , family life , human rights , law , political science , legislation , family law , law and economics , sociology , socioeconomics
The article examines the content and application of the principle of inadmissibility of interference in family life. It is established that the principle of inadmissibility of interference in family life is one of the key in family law and contains signs of intersectoral. Proper guarantee of non-interference in family life is an integral part of a person's autonomy and an indicator of the state's fulfillment of the obligation to regulate family relations only to a minimum.
She studied the provisions of international acts (the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Convention for the Protection of Human Rights and Fundamental Freedoms) and the national legislation of Ukraine. It was found that different terminology is used in international and national acts, but the fixed concepts are meaningful content of the principle of inadmissibility of interference in family life.
An analysis of the case law of the European Court of Human Rights on the understanding of the concept of "family life". It has been established that the ECtHR interprets the term "family life" quite broadly and is not limited to marital relations, but may cover other actual "family ties".
Attention is drawn to the problem of collecting private information about a person via the Internet. Analysis of human activity on the Internet in general, as well as on social networks should not be carried out without his consent. That is why it is proposed at the level of legislation to provide for the obligation of both developers of computer programs that analyze human actions and collect information about them, and owners of sites on the Internet when visiting them to warn people that such actions can be traced.
The positive responsibilities of the state to guarantee respect for family life, protection from others, as well as to establish legal certainty in family relations and protect the secrecy of family life were analyzed.
It is substantiated that the principle of inadmissibility of interference in family life is a principle enshrined in written law, which provides for respect for family life, prohibition of any illegal, arbitrary interference in family life, as well as protection of the secrecy of family life.