Application of Art. 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms to migrant cases

Abstract

Law enforcement officer shall respect and protect human rights of persons guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms. The mentioned rights and freedoms are guaranteed not only to citizens of the contracting parties of mentioned Convention, but also to all persons subject to the jurisdiction of the contracting party, i.e. also to migrants. The article discusses the rights of migrants to respect for private and family life guaranteed by Art. 8 Convention for the Protection of Human Rights and Fundamental Freedoms. The mentioned law is discussed in the article not only in general terms, but also describes and analyzes individual aspects of the mentioned law. Since the content and scope of the mentioned rights is determined primarily by the jurisprudence of the European Court of Human Rights, the author also discusses specific jurisprudence and their applicability to migrant cases in the article. Author discusses not only the right to private and family life and how to preserve them, but also presents the possibilities of interfering with these rights. The possibility of interfering with the right to private and family life is a complex issue and it is not possible to fully deal with it in the practical work of a law enforcement officer. In the end, the author presents the possibility of how law enforcement officer could intervene in the right to private and family life of the migrant.