Il diritto al rispetto della vita familiare nella giurisprudenza degli organi di Strasburgo: alcune considerazioni

Abstract

The main aim of this article is the analysis of the concept of "respect of the family life" provided for by art.8 ECHR,in the giurisprudence of the organs of Strasbourg. At first the evolution of the concept of "family" in the giurisprudence of the Commission and of the European Court of the Human Rights is investigates. The author lingers on the content of the right to the respect of the family life, focusing the attention on three main problematis: the union of the family in relation to the problem of its reunion; the relationship between parents and children in cases of separation, of fostering or of natural parentage and, in the end, the theme inhering the ethnical minorities. Furthermore the attention is focused on the kind of positive and negative obligations for the state, those for privates and on what kind of interference on behalf of the public authotity can be considered to be legitimate. In the end, the orientation of the Court of Justice about the right to the respect of the family life is taken into consideration.