<abstract xmlns="http://www.w3.org/1999/xhtml"><p>It has been highlighted that in the area of immigration law the protection offered by the European Convention of Human Rights (ECHR) to children and family life is arguably at its weakest. The European Court of Human Rights (ECtHR) immigration case law on Article 8 ECHR has shown an uneven and uncertain application of the child’s best interests. Little significance is attached to the child’s respect for family life when determining whether the immigration measure is compatible with the ECHR. This paper will explore how the Court is identifying the best interests of the child and analyse what weight the Court apportions to the best interests of the child when balancing the state’s and the applicant’s interests. It will also examine whether the Court priori-tize migration control over the child’s best interests in cases where both family matters and immigration matters are involved.</p></abstract>

It has been highlighted that in the area of immigration law the protection offered by the European Convention of Human Rights (ECHR) to children and family life is arguably at its weakest. The European Court of Human Rights (ECtHR) immigration case law on Article 8 ECHR has shown an uneven and uncertain application of the child’s best interests. Little significance is attached to the child’s respect for family life when determining whether the immigration measure is compatible with the ECHR. This paper will explore how the Court is identifying the best interests of the child and analyse what weight the Court apportions to the best interests of the child when balancing the state’s and the applicant’s interests. It will also examine whether the Court priori-tize migration control over the child’s best interests in cases where both family matters and immigration matters are involved.

The Uncertain Place of the Child’s Best Interests in ECtHR’s Immigration Case Law

International and Comparative Law Review

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

It has been highlighted that in the area of immigration law the protection offered by the European Convention of Human Rights (ECHR) to children and family...

The Uncertain Place of the Child’s Best Interests in ECtHR’s Immigration Case Law

Published Online: Feb 21, 2021

Page range: 93 - 112

DOI: https://doi.org/10.2478/iclr-2020-0019

Keywords
Child’s best interests, Human rights, Family life, Migration, Family reunification

© 2020 Jennie Edlund et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

The Uncertain Place of the Child’s Best Interests in ECtHR’s Immigration Case Law

Published Online: Feb 21, 2021

Page range: 93 - 112

DOI: https://doi.org/10.2478/iclr-2020-0019

KeywordsChild’s best interests, Human rights, Family life, Migration, Family reunification

© 2020 Jennie Edlund et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Keywords
Child’s best interests, Human rights, Family life, Migration, Family reunification