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Title
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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
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Author
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Abstract
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| 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 Courts 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 childrens protection. |
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Language
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English
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Source (journal)
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Netherlands quarterly of human rights / Netherlands Institute of Human Rights [Utrecht] - Utrecht, 1989, currens
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Publication
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Utrecht
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2019
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ISSN
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0924-0519
[print]
2214-7357
[online]
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DOI
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10.1177/0924051918820986
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Volume/pages
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37
:1
(2019)
, p. 50-68
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ISI
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000460637000005
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Full text (Publisher's DOI)
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Full text (open access)
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Full text (publisher's version - intranet only)
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