Family, Family life
Homework to be done before the lecture:
Each student should read and analyze one of ECHR judgements related to family law issues (pick one from those listed bellow). Let others know what case you have chosen on the subject discussion group accessible via this syllabi. No-one is allowed to chose case which is already "booked" by another student.
Your case analysis should include:
a) short description of facts
b) explanation of court's argumentation
c) your own assesment of the case
Put your written case analysis into the file for homeworks (also accessible via this syllabi) not later than on 15.10.2016.
List of ECHR cases involving family law issues:
- Marckx v. Belgium, judgment of 13 June 1979.
- Johnston v. Ireland, judgment of 18 December 1986
- Nielsen v. Denmark, judgement of 28 November 1988
- Keegan v. Ireland, judgment of 26 May 1994
- Hokkanen v. Finland, judgment of 23 September 1994
- X, Y & Z v. the United Kingdom, judgment of 22 April 1997
- Söderbäck v. Sweden, judgment of 28 October 1998
- Kutzner v. Germany, judgment of 26 February 2002
- Fretté v. France, judgment of 26 February 2002
- Odièvre v. France, judgment of 13 February 2003
- Sahin v. Germany, judgment of 8 July 2003
- E.B. v. France, judgment of 22 January 2008
- Schalk and Kopf v. Austria, judgment of 24 June 2010
- Oliari and Others v. Italy, judgement of 21 July 2015
- Mikulic v. Croatia, judgement of 7 February 2002
Lesson outline:
- What the family and family life mean according to the Court
- Art. 8 of the Convention
Reading:
Mowbray, Alastair. Cases, Materials, and Commentary on the European Convention on Human Rights. 10. Article 8 Right to Private and Family Life (only pages 523-553, and 589-598)