The Right To Respect For Family Life: Legal Basis For State Interference

Abstract

This article is dedicated to a theoretical and legal study of the concept of "the right to respect for family life". It is based on legal analysis of Ukrainian legislation and the case law of the European Court of Human Rights. It has been argued that the legal bases for state interference in family life are: 1) interference committed under the law, 2) interference with the interests of the majority in a democratic society, 3) interference to prevent disorder, crime, health, morality, rights and freedoms of other citizens. Family rights include the right of spouses to divorce, the right to establish biological paternity and the right of parents to know who the child's true parents are, among others. The ECtHR uses a very broad approach to the interpretation of "family life", indicating that family life cannot be limited to conjugal relationships only.