Homework to be done before the lecture:

Each student should read and analyze one of ECHR judgements related to family law issues. Let others know what case  you have chosen on the subject discussion group accessible via this syllabi. No-one is allowed to chose case which is already "booked" by another student.

Your case analysis should include:

a) short description of facts

b) court's argumentation

c) your own assesment of the case

Put your written case analysis into the file for homeworks (also accessible via this syllabi).

Here are some examples of important/interesting cases involving family law:

• Marckx v. Belgium, judgment of 13 June 1979.
• Johnston v. Ireland, judgment of 18 December 1986
• Keegan v. Ireland, judgment of 26 May 1994
• Hokkanen v. Finland, judgment of 23 September 1994
• X, Y & Z v. the United Kingdom, judgment of 22 April 1997
• Söderbäck v. Sweden, judgment of 28 October 1998
• Kutzner v. Germany, judgment of 26 February 2002 
• Fretté v. France, judgment of 26 February 2002
• Odièvre v. France, judgment of 13 February 2003
• Sahin v. Germany, judgment of 8 July 2003 
• E.B. v. France, judgment of 22 January 2008
• Schalk and Kopf v. Austria, judgment of 24 June 2010

Lesson outline:

• What is the family and family life according to the Court
• Art. 8 of the Convention

Reading:

Mowbray, Alastair. Cases, Materials, and Commentary on the European Convention on Human Rights. 10. Article 8 Right to Private and Family Life (only pages 823-853, and  589-598)