Advanced search
Add to list

The principle of the best interests of the child in the expulsion case law of the European Court of Human Rights : procedural rationality as a remedy for inconsistency

Mathieu Leloup (UGent)
Author
Organization
Abstract
According to Article 3 CRC, the best interests of the child should be a primary consideration in all actions concerning children. This article examines how the European Court of Human Rights applies this principle in expulsion cases that have an impact on the right to family life. A distinction is made between the cases where the expulsion measure is aimed at one of the parents and the cases where the child itself is the subject of the impugned decision. A critical examination of the available case law proves that the Court's use of the principle is inconsistent in several areas. It is argued that the Court should adopt a procedural approach towards the principle. This would make the case law more consistent, while simultaneously increasing the children's protection.
Keywords
Best interests of the child, expulsion, right to family life, European Court of Human Rights, procedural rationality, children's rights

Citation

Please use this url to cite or link to this publication:

MLA
Leloup, Mathieu. “The Principle of the Best Interests of the Child in the Expulsion Case Law of the European Court of Human Rights : Procedural Rationality as a Remedy for Inconsistency.” NETHERLANDS QUARTERLY OF HUMAN RIGHTS, vol. 37, no. 1, 2019, pp. 50–68, doi:10.1177/0924051918820986.
APA
Leloup, M. (2019). The principle of the best interests of the child in the expulsion case law of the European Court of Human Rights : procedural rationality as a remedy for inconsistency. NETHERLANDS QUARTERLY OF HUMAN RIGHTS, 37(1), 50–68. https://doi.org/10.1177/0924051918820986
Chicago author-date
Leloup, Mathieu. 2019. “The Principle of the Best Interests of the Child in the Expulsion Case Law of the European Court of Human Rights : Procedural Rationality as a Remedy for Inconsistency.” NETHERLANDS QUARTERLY OF HUMAN RIGHTS 37 (1): 50–68. https://doi.org/10.1177/0924051918820986.
Chicago author-date (all authors)
Leloup, Mathieu. 2019. “The Principle of the Best Interests of the Child in the Expulsion Case Law of the European Court of Human Rights : Procedural Rationality as a Remedy for Inconsistency.” NETHERLANDS QUARTERLY OF HUMAN RIGHTS 37 (1): 50–68. doi:10.1177/0924051918820986.
Vancouver
1.
Leloup M. The principle of the best interests of the child in the expulsion case law of the European Court of Human Rights : procedural rationality as a remedy for inconsistency. NETHERLANDS QUARTERLY OF HUMAN RIGHTS. 2019;37(1):50–68.
IEEE
[1]
M. Leloup, “The principle of the best interests of the child in the expulsion case law of the European Court of Human Rights : procedural rationality as a remedy for inconsistency,” NETHERLANDS QUARTERLY OF HUMAN RIGHTS, vol. 37, no. 1, pp. 50–68, 2019.
@article{01HT4XSBZHR3JG2PCH5KPSYE7T,
  abstract     = {{According to Article 3 CRC, the best interests of the child should be a primary consideration in all actions concerning children. This article examines how the European Court of Human Rights applies this principle in expulsion cases that have an impact on the right to family life. A distinction is made between the cases where the expulsion measure is aimed at one of the parents and the cases where the child itself is the subject of the impugned decision. A critical examination of the available case law proves that the Court's use of the principle is inconsistent in several areas. It is argued that the Court should adopt a procedural approach towards the principle. This would make the case law more consistent, while simultaneously increasing the children's protection.}},
  author       = {{Leloup, Mathieu}},
  issn         = {{0924-0519}},
  journal      = {{NETHERLANDS QUARTERLY OF HUMAN RIGHTS}},
  keywords     = {{Best interests of the child,expulsion,right to family life,European Court of Human Rights,procedural rationality,children's rights}},
  language     = {{eng}},
  number       = {{1}},
  pages        = {{50--68}},
  title        = {{The principle of the best interests of the child in the expulsion case law of the European Court of Human Rights : procedural rationality as a remedy for inconsistency}},
  url          = {{http://doi.org/10.1177/0924051918820986}},
  volume       = {{37}},
  year         = {{2019}},
}

Altmetric
View in Altmetric
Web of Science
Times cited: