The Right to Respect for Family Life (Article 8.1 European Convention on Human Rights): A Private Law approach from the Amparo Appeal

Authors

  • María Victoria Cuartero Rubio

DOI:

https://doi.org/10.18042/cepc/redc.115.12

Keywords:

Right to respect for family life, Article 8 European Convention on Human Rights, amparo appeal, fundamental rights, execution of judgments of the European Court of Human Rights.

Abstract

The Spanish Constitutional Court states that there is not a fundamental right to family life protected by the amparo appeal, such as the right to respect for family life recognised in Article 8.1 European Convention on Human Rights. This paper focuses on the exceptions to the rule, as well as on the way the right to family life is used by constitutional judgments as a requirement of reasoning and the potential of this solution. Finally, it analyses the effect the Spanish law reforms of the amparo appeal and the legal procedure to execute the ECHR judgments could have in order to correctly measure the impact of this statement.

Published

2019-04-22

Issue

Section

JURISPRUDENCE. CRITICAL STUDIES