
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
- Author
- Mathieu Leloup (UGent)
- 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: http://hdl.handle.net/1854/LU-01HT4XSBZHR3JG2PCH5KPSYE7T
- 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: