Collinson, J. orcid.org/0000-0001-7049-2192 (2020) Reconstructing the European Court of Human Rights’ Article 8 jurisprudence in deportation cases: the family’s right and the public interest. Human Rights Law Review, 20 (2). pp. 333-360. ISSN 1461-7781
Abstract
This article rationalisesthe case law ofthe EuropeanCourt of Human Rights under Article 8 of the European Convention on Human Rights in deportation cases involving children. The Court engages in a balancing exercise betweenthe rightto family life ofthe deportee’s family on the one side, and the public interest in deportation on the other. This article expands on existing case law analysis by suggesting that in deportation cases, the Court considers Article 8 as a form of commonly held right, rather than an individual right held by one member of the family. Furthermore, the balance is argued to be constructed as a relationship between two factors on both sides, rather than of a sole factor on either side as being determinative. This article concludes that the best interests of the child (one of the ‘Üner criteria’) is not adequately reflected in the Court’s deportation decision-making practice.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2020 J. Collinson. This is an author-produced version of a paper subsequently published in Human Rights Law Review. Uploaded in accordance with the publisher's self-archiving policy. |
Keywords: | children; deportation; family life; Article 8 European Convention on Human Rights; Üner v Switzerland |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 16 Jan 2023 15:51 |
Last Modified: | 16 Jan 2023 15:51 |
Published Version: | http://dx.doi.org/10.1093/hrlr/ngaa015 |
Status: | Published |
Publisher: | Oxford University Press (OUP) |
Refereed: | Yes |
Identification Number: | 10.1093/hrlr/ngaa015 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:194983 |