"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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"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.

Article 8: The Right to Respect for Private and Family Life

This article ensures the person has the rights for his/her family and private life to be respected; this is to stop families being broken up and the essence of family life breaking apart. This was put in place to benefit all members of the family. The article also provides a right to be free of any unlawful searches however the state must interfere if the persons actions are causing harm and problems, such as if a mother was harming a child, then the right to a private and family life would have to be interfered to ensure the safety and wellbeing of the child. The term respect is very important in article 8 of the ECHR because it ensures the state must respect and honour each individual’s right to a private and family life. It also stops the state simply interfering with people’s private matters.

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In the convention the term family is specific for each individual case. For example there are no two families that are the same therefore a person’s experience of a family life would be different to another person’s experience. For this reason you do not have to be married to have the right to a family life. The convention also protects the right to a family life of parents who are separated, because this article ensures that a parent still has the chance to see their children if they are not living with them. However interferences must be made in cases ...

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