EQUILIBRATION AMONG THE RIGHT TO RESPECT FOR FAMILY LIFE AND THE PUBLIC INTEREST AND THE RIGHTS OF THE CHILD
Keywords:
Right to Respect for Family Life, Personal Relationship, the Best Interest of the Child, Deportation, Foster FamilyAbstract
One of the basic elements of family life is the ability of family members to live together and maintain close personal relationships. The child born into the family is naturally an important component of family life. In the United Nations Convention on the Rights of the Child, the child's living in the family and being cared for by his parents are counted as one of the most prominent children's rights. On the other hand, the European Convention for the Protection of Human Rights and Fundamental Freedoms guarantees the “right to respect for family life” of family members. The right to respect for family life is one of the rights included in the Constitution of the Republic of Turkey. The scope of this right includes custody, personal relationship, child abduction, family reunification, adoption, foster family, state protection and family life in deportation. In the jurisprudence on the right to respect for family life, the subject children's rights are evaluated especially in terms of the best interests of the child. In this study, the emphasis will be on establishing a personal relationship with the child. In fact, in matters with foreign elements, there are three dimensions of the issue: the right of family members to live together or maintain personal relations, the requirements of the best interests of the child, and the public interest. In the study, three dimensions will be shown on examples from the decision of the European Court of Human Rights and the Constitutional Court. In this way, it is aimed to evaluate the practices of states in legal matters involving foreign elements and the results in terms of human rights.
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