Abstract

Private life, family life, home and correspondence represent some of the most intimate and significant aspects of human life. The focus of this paper is an analysis of the right to respect for private life, family life, home and correspondence, as the elements of the protection of the Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The analysis was primarily conducted through research and interpretation of the European Court of Human Rights recent case law, whereby, some of the cases of the highest importance as well as the case of the Republic of Serbia as a respondent state, were specially observed.

Highlights

  • The focus of this paper is an analysis of the right to respect for private life, family life, home and correspondence, as the elements of the protection of the Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms

  • The analysis was primarily conducted through research and interpretation of the European Court of Human Rights recent case law, whereby, some of the cases of the highest importance as well as the case of the Republic of Serbia as a respondent state, were specially observed

  • The main topic of this paper is a research of the concepts of private life, family life, home and correspondence in recent case law of the European Court of Human Rights, with special review on the need for more efficient protection of the mentioned rights by the signatory states to the European Convention for the Protection of Human Rights and Fundamental Freedoms

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Summary

THE INTRODUCTION

The main topic of this paper is a research of the concepts of private life, family life, home and correspondence in recent case law of the European Court of Human Rights (in further text “the Court”), with special review on the need for more efficient protection of the mentioned rights by the signatory states to the European Convention for the Protection of Human Rights and Fundamental Freedoms (in further text “the Convention”). The first part of the first chapter of this paper refers to the explanation of the concepts of private life, family life, home and correspondence. The second chapter is the main area of this paper, and its aim is to research Court’s new provisions in the means of usage range of the Article 8 of the Convention.

The main principals of the application of the Article 8 of the Convention
The concept of private life
The concept of family life
The concept of home and correspondence
Restrictions of the Article 8 of the Convention
Lopez Ribalda and Others v Spain120
Guimon v France122
The Republic of Serbia as the respondent state
Conclusion remarks regarding the analyzed case law
THE CONCLUSION
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