Dreptul la viaţă de familie protejat în hotărârile Curţii Europene a Drepturilor Omului pronunţate împotriva României
Right to family life protected in the judgments of the European Court of Human Rights rendered against Romania

Summary/Abstract: The right to respect the private and family life in the case law of the European Court on Human Rights takes into account the evolution of the concepts of private and family life according with the social evolution. The Article 8 of the European Convention on Human Rights includes at least four different fields: the private life, the family life, the residence and the correspondence. The right to “family life” has two important dimensions: its content and the persons who can invoke it before jurisdictions. The family life is intrinsic to the human being. This concept is autonomous, being developed in the case law of the European Court. It does not overlap the family relationship or affinity governed by the domestic rules and it can exist independent of any national meaning. The Article 8 of the Convention has a horizontal character; it protects the individual not only from the arbitrary interference of the public authorities but also from the violations perpetrated by the private individuals. Therefore the States Parties to the Convention are entitled to adopt measures aimed to impose the respect the private life, even in the domain of the relationships between particulars. This also applies to the protection of the reputation against the abuses from third parties.

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