Lecture 1- introduction to Family Law

Question 1

How is a breach of Article 8 (ECHR) Proven (what steps are applied to the situation)?

Article 8 (ECHR)= Right to respect for priv. and family life - correspon

Answer 1

1. Has there been an interference? –State action (pos. neg.) affecting private and family life.
2. Is it in accordance with law? –Is there a clear legal basis for interference
3. Is it necessary and proportionate?
4. Is there a legitimate aim? – does it fall within justifications of Art. 8 (2)

Question 2

What is the Margin of appreciation

Answer 2

Margin of appreciation= refers to what extent states are allowed to interpret ECHR in own way.

Question 3

\What is the difference between narrow and wide margin of appreciation?

Answer 3

Narrow Margin- Strict scrutiny on State action
Wide Margin- State discretion allowed
- Right to Marry (art. 12)

Question 4

What is the scope of article 8 of the ECHR?

Answer 4

Private life– personal autonomy, privacy
Family life– protection of legally acknowledged bonds (parent child,adult relations)
Correspondence– The right to have uninterrupted and uncensored communication with others
home –Place where private life and family life develops, right to enjoy home

Article 8 (ECHR)= Right to respect for priv. and family life - correspon

Question 5

What did the case goodwin V. UK rule?

Answer 5

The fact that the UK refused to recognize gender changes was a violation of Art. 8 and Art. 12 of the ECHR.
This case led to the gender recognicition act of 2004.

Question 6

What did the case Markx V. Belgium rule?

Answer 6

The court ruled that there was a breach of Art. 8 and Art. 14 of the ECHR since Article 8 makes no distinction between the
legitimate and illegitimate family.