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The Uncertain Place of the Child’s Best Interests in ECtHR’s Immigration Case Law

The Uncertain Place of the Child’s Best Interests in ECtHR’s Immigration Case Law SummaryIt has been highlighted that in the area of immigration law the protection offered by the European Convention of Human Rights (ECHR) to children and family life is arguably at its weakest. The European Court of Human Rights (ECtHR) immigration case law on Article 8 ECHR has shown an uneven and uncertain application of the child’s best interests. Little significance is attached to the child’s respect for family life when determining whether the immigration measure is compatible with the ECHR. This paper will explore how the Court is identifying the best interests of the child and analyse what weight the Court apportions to the best interests of the child when balancing the state’s and the applicant’s interests. It will also examine whether the Court priori-tize migration control over the child’s best interests in cases where both family matters and immigration matters are involved. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International and Comparative Law Review de Gruyter

The Uncertain Place of the Child’s Best Interests in ECtHR’s Immigration Case Law

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Publisher
de Gruyter
Copyright
© 2020 Jennie Edlund et al., published by Sciendo
eISSN
2464-6601
DOI
10.2478/iclr-2020-0019
Publisher site
See Article on Publisher Site

Abstract

SummaryIt has been highlighted that in the area of immigration law the protection offered by the European Convention of Human Rights (ECHR) to children and family life is arguably at its weakest. The European Court of Human Rights (ECtHR) immigration case law on Article 8 ECHR has shown an uneven and uncertain application of the child’s best interests. Little significance is attached to the child’s respect for family life when determining whether the immigration measure is compatible with the ECHR. This paper will explore how the Court is identifying the best interests of the child and analyse what weight the Court apportions to the best interests of the child when balancing the state’s and the applicant’s interests. It will also examine whether the Court priori-tize migration control over the child’s best interests in cases where both family matters and immigration matters are involved.

Journal

International and Comparative Law Reviewde Gruyter

Published: Dec 1, 2020

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