ПРАКТИКА ЄВРОПЕЙСЬКОГО СУДУ З ПРАВ ЛЮДИНИ: СІМЕЙНО-ПРАВОВИЙ АСПЕКТ

Abstract

The article is devoted to the analysis of the case law of the European Court of Human Rights in the field of family law. In this article, the authors explore the definition of "family life" in the case law of the European Court of Human Rights; topical issues on the recognition of cohabitation of same- sex couples in family life and on the state registration of same-sex marriages; issues of protection of the child's interests in resolving family law disputes. The authors point out that the case law of the European Court of Human Rights is a source of family law in Ukraine. The authors found that the European Court of Human Rights uses an autonomous concept of "family life", which is broader than the definition of "family" and is characterized by certain criteria. In matters of same-sex marriage, the European Court of Human Rights recognizes same-sex partnerships in family life, but leaves it to the state to register such marriages. In the judgments analyzed by the authors, the European Court of Human Rights assumes that Article 12 of the Convention for the Protection of Human Rights and Fundamental Freedoms enshrines the traditional model of marriage. The authors conclude that the issue of legalization of same-sex marriages should be decided by states taking into account ethnic, cultural, religious and other characteristics. In matters relating to the protection of the rights of the child, the European Court of Human Rights uses the notion of "the best interests of the child". The Court emphasizes the special bond between children and their biological parents, which is part of family life.The state must ensure the child's right to communicate with other relatives and persons with whom the relationship is important to the child, as well as the child's right to develop in a safe, secure and stable environment. Parents should have equal rights in resolving child custody disputes. When deciding on paternity, DNA analysis is the only scientific method of accurately establishing the paternity of a particular child and its probative value significantly exceeds any other evidence presented by the parties to confirm or deny their close relationship.