Family rights
[8] The European Court of Human Rights has stated that when considering what constitutes family relationships the Court "must necessarily take into account developments in society and changes in the perception of social, civil-status and relational issues, including the fact that there is not just one way or one choice in the sphere of leading and living one's family or private life".
[9] The ECHR first recognized that same-sex relationships fall under the right to family life in the 2010 Schalk and Kopf v. Austria case.
[14] Within international law the general principle holds that a State has the right to regulate entry and residence within its own territory.
[17] It has been emphasised that it is not the task of monitoring bodies to "supervise the government's immigration policy, but to examine whether the applicant's right to respect for family life had been ensured without discrimination".
[20]The International Covenant on Civil and Political Rights (ICCPR) was adopted by the United Nations General Assembly on the 16 December 1966, and came into force on the 23 March 1976.
Prior to this case international practice indicated that it was for States to determine who could reside in their territory, even where an infringement of Article 23 would arguably occur.
[28] The Committee's decision in this instance challenges this assumption, indicating that an individual's right to family life receives precedence over States' ability to control residence within their territory.
The International Covenant on Economic, Social and Cultural Rights (ICESCR) was also adopted by the General Assembly on 16 December 1966, however it did not enter into force till nine years after it opened for signature on 3 January 1976.
The widest possible protection and assistance should be accorded to the family, which is the natural and fundamental group unit of society, particularly for its establishment and while it is responsible for the care and education of dependant children.
EM argued that the forced removal to Lebanon by the United Kingdom would result in a direct breach of both her and AF's right to family life under Article 8 of the ECHR.
The Court held that removal of the appellant and her son to Lebanon would violate both EM and AF's Article 8 rights, and granted the appeal.
[39]The protection of the family and vulnerable groups is specified under the African Charter on Human and People's Rights in Article 18, stating: 1.
On 9 July 2012 new Immigration Rules came into effect within the United Kingdom, affording greater weight to the States' ability to control entry and residence as compared to the individual right to family life.
This presumption significantly limits individual's ability to successfully challenge decisions they believe have breached their fundamental right to family life.
