Recommended Citation
Rebecca J. Cambron,
Family Ties: The European Court of Human Rights' Protection of the Family and its Impact in Future Litigation,
52 Case W. Res. J. Int'l L.
699
(2020)
Available at:
https://scholarlycommons.law.case.edu/jil/vol52/iss1/32
Abstract
With family as the foundation for much of modern society’s structure, the European Union included familial and parental rights when protecting individuals from unwarranted government influence through the European Convention for the Protection of Human Rights and Fundamental Freedoms. The European Court of Human Rights’s recent interpretation of the protection, however, in the case of Wunderlich v. Germany demonstrates a concerning shift in the Court’s jurisprudence. This Comment analyzes the shift occurring within the Court’s jurisprudence with respect to the protection of the family and parental rights regarding education, exploring the Court’s arch away from the foundational principles behind the Court’s formation and advocates for the adoption of levels of scrutiny that would protect familial rights.