Legal protection of parents and children: The application of Article 8 ECHR in Dutch family law jurisprudencePhD student: Mrs J.E. Mink
Promotor: Mrs Prof W.M. Schrama
Duration: 1/1/2025 - 31/12/2028
Abstract:
This study focuses on the role of Article 8 ECHR within Dutch family law, specifically in the context of parentchild relationships. The scope of this provision has been considerably expanded through the European Court of Human Rights evolutive interpretation, which has led to uncertainty. There are also indications of problematic implementation in the Netherlands. Article 8 ECHR is invoked only rarely, and is sometimes unjustifiably overlooked or interpreted in a divergent manner. A systematic analysis of case law is lacking. This study addresses that gap and focuses on termination of parental authority, care and contact arrangements after divorce, and access to information on parentage, in order to understand how Article 8 ECHR is applied across different contexts.