Like in protection of private life, cases concerning the protection of family life also follow the same kind of legal analysis as explained above in Section 1.3 . The only major difference to the analysis under private life is that in cases concerning the protection of family life one first has to establish the existence of family life. This preliminary question is often crucial since Article 8 is applicable only if there is family life involved. This issue thus determines whether the protection of family life under Article 8 is available. Even if it would not be, the case may still be examined under the private life aspect.

This Chapter starts first with examining, in the light of example cases, what the scope of protection of family life is. In many cases, this means that the existence of family life must be established in order for the case to fall within the scope of protection of Article 8. Once this has been established, we will see in which ways family life has been interfered with. After having examined all possible situations of interferences, the legality of the interference, its legitimate aim and necessity in a democratic society are examined. Different themes overlap and they will be examined in more detail in the context of the necessity criterion. Same cases may therefore appear in several different contexts, but each time they are examined from different angles.

SCOPE OF PROTECTION OF FAMILY LIFE

In order to examine the applicability of Article 8 of the Convention under its family life aspect, there must exist some family life. The existence of family life is mainly a question of fact and depends on whether persons have close personal ties to each other in reality and in practice. In general, where family life is not found to exist, Article 8 may still be applicable under its private life head.

EXISTING FAMILIES

Legally Recognised Core Families

The protection of family life guaranteed under the Convention first of all concerns core families, that is, families where the family members – parents and minor children – live together. It thus covers all families living together and benefitting from any legal recognition of family life, such as marriage.