The preponderance of Human Rights, the family and the best interest of children and adolescents in international Human Rights

the görgülü case and its importance for the european Human Rights system and its effects on the inter-american system

Authors

  • Eneas Romero de Vasconcelos

DOI:

https://doi.org/10.54275/raesmpce.v12i1.15

Keywords:

Human Rights, European Court of Human Rights, Child and Adolescent Law, Best Interest Principle, Jurisdiction Conflict, International Law

Abstract

This article analyzes an important contribution to international human rights based on the analysis of the Görgülü case, in which the ECHR established a universal criteria of respect for the right of the family and natural parents to guard and visit children in accordance with the principle of the best interest. In this case, the right of the biological parent ended up being guaranteed under domestic law after a decision by the German Constitutional Court. The decision of the Gürgülü case by the Constitutional Court set a minimum parameter for the interpretation and application of the ECHR, which can be considered timid, as it only guaranteed the need to take the ECHR into account. The interpretation that was given to the Görgülü case by the German Courts ensured that the Convention is taken into account whenever applicable and also the prominence in national law for the international Court.

Author Biography

Eneas Romero de Vasconcelos

Mestre em Direito e Estado pela Universidade de Brasília (Unb), foi bolsista CAPES/DAAD de doutorado na Universidade de Götttingen na Alemanha, pesquisador do Centro de Estudos de Direito Penal e Processual Penal Latino-Americano (CEDPAL) e Promotor de Justiça no Estado do Ceará.

Published

2020-06-30

How to Cite

Vasconcelos, E. R. de. (2020). The preponderance of Human Rights, the family and the best interest of children and adolescents in international Human Rights: the görgülü case and its importance for the european Human Rights system and its effects on the inter-american system . ACADEMIC JOURNAL OF THE SUPERIOR SCHOOL OF THE PUBLIC PROSECUTION, 12(1), 27–48. https://doi.org/10.54275/raesmpce.v12i1.15

Issue

Section

Artigos Internos Nacionais