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부모 외의 자의 면접교섭권 ―유럽인권법원의 결정을 중심으로―A study on non-parental visitation rights: with focus on the decisions of the European Court of Human Rights

Other Titles
A study on non-parental visitation rights: with focus on the decisions of the European Court of Human Rights
Authors
김보람ZIMBARDO MARTA
Issue Date
Jul-2020
Publisher
한국가족법학회
Keywords
visitation rights; best interests of the child; non-parental rights; European Court of Human Rights; the right to respect for family life; 면접교섭권; 아동의 최선의 이익; 부모 외의 자의 권리; 유럽인권법원; 가족생활을 존중받을 권리
Citation
가족법연구, v.34, no.2, pp 47 - 96
Pages
50
Journal Title
가족법연구
Volume
34
Number
2
Start Page
47
End Page
96
URI
https://scholarworks.sookmyung.ac.kr/handle/2020.sw.sookmyung/1343
DOI
10.31998/KSFL.2020.34.2.47
ISSN
1225-1224
Abstract
In this paper we analyzed several decisions taken by the European Court of Human Rights (ECtHR) regarding visitation between non-parents and children, in order to provide some suggestions in relation to the direction to be taken by Korean legislators in this respective field. To this end, we briefly covered the content of some relevant sources of law. We provided a general overview of article 8 of the European Convention on Human Rights, the Convention on Contact concerning Children, and the Convention on the Rights of the Child, and a brief explanation of the general criteria used by the ECtHR in relation to visitation rights, particularly regarding the existence of “family life”, as well as some mentions of the positive obligations, margin of appreciation, and proportionality doctrines. We subsequently covered some of the ECtHR’s decisions―namely, Manuello and Nevi v. Italy, and Bogonosovy v. Russia in relation to the visitation rights of grandparents, as well as Kopf and Liberda v. Austria and V.D. and Others v. Russia about foster families’ visitation rights―by examining the application of article 8 of the European Convention on Human Rights by the ECtHR in these circumstances. In the final section, with reference to the outcome of the aforementioned decisions, we sought to provide some inputs regarding what ought to be considered for the expansion of visitation rights in Korea.
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