Abstract
Right to family life i.e. (the right to respect for family life) is one of the rights guaranteed by European Convention on Human Rights. The European convention on Human Rights was signed by the Member states of the Council of Europe in 1950, but came into force in 1953. Article 8 of the Convention makes provision for the right. The right to family life is a person’s right to respect for his family. It protects the integrity and privacy of families. The nature of right as contemplated by the Convention is the protection of existing family, not necessarily the right to find a family. This work which adopted the doctrinal method of research inquired into the components of this right, the traditional and emerging concept of family, the exceptions to the right guaranteed by the Convention. The history, structure and practices in the European Court of Human Right (ECtHR) created under the Convention were also treated. The court’s attitude on same sex person or partners right to adopt children to have a family life and their rights to marry have also been considered in the work. The work is summarized by stating the effectiveness of protection of Human rights in the European continent, while stressing the need to be consistent in its rules of interpretation if the Contracting states will continue to respect and honour its decisions and for provisions of the Convention and the Court created there under to remain relevant. The work concluded that the stance of the ECtHR refusing pleas to apply the new and emerging concepts of family on all the convention States is commendable. This shows sagacity in the interpretation of Article 8 of the Convention. The work recommended that the ECtHR should continue to hold tenaciously on the insistence that the socio-cultural value of every covenant State is critical, whilst applying the provisions of the Convention.
Henry Achor Nnokam, pp 161 – 169
