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"Everyone has the right to respect for their family life." Discuss this statement in light of s.8 of the ECHR and the case of EM (Lebanon (FC) (Appellants) (FC) v Secretary of State for the Home Department

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Introduction

"Everyone has the right to respect for their family life." Discuss this statement in light of s.8 of the ECHR and the case of EM (Lebanon (FC) (Appellants) (FC) v Secretary of State for the Home Department Introduction The European Convention on Human Rights was put in place to protect human rights and fundamental freedoms in Europe. The convention also established the European Court of Human Rights, if any person feels their rights have been violated under this convention then they may take the case to this court. The purpose of section eight of the ECHR is "to provide a right to one's family life, his home and his correspondence. This relates to the EM case study because EM felt her right to a family life would be violated if she was forced to return to Lebanon, as her family life would be torn apart as she would lose custody of her son, AF. ...read more.

Middle

For reasons such as this would interference by the state be completely justified. You are entitled to this right if you are an asylum seeker or immigrant, like for example in the case of EM. In the case of EM if she was to be returned to Lebanon she would then lose the right to a family life. She was not claiming that the United Kingdom were not allowing this right, however she was claiming that if she were to be removed from the country, then this would lead to her losing this right as she would lose the custody of her son. EM (Lebanon) v Secretary of State for the Home Department In the case of EM vs. Secretary of State for the Home Department EM was an immigrant from Lebanon who emigrated to the UK in 2004 because once her son reached a certain age she would lose custody of him in Lebanon, this was due to the Muslim laws in place in the country at the time. ...read more.

Conclusion

Conclusion To sum up my essay I would say that I agree with the decision of the House of Lords because as said in court, the evidence is compelling that sending the mother and son back to Lebanon would completely tear apart the essence of their family life as the mother would be charged with kidnap and due to Lebanese law the child would be handed over to the father, and still if the father were found to be unfit as the parent, the son would be passed to the paternal grandfather or a member of the fathers family, not however the mother. I can see the reasons for the case against her because in a way once she would be back in Lebanon she would no longer have that right since Lebanon is not a member of the convention however essentially it would be down to the United Kingdom for not respecting EM's right to a family life. ...read more.

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