The case law of the European Court of Human Rights and the Court of Justice of the EU concerning the right to respect for family life and the principle of the best interests of the child in a relation to the institute of Islamic law "kafala"
2019
Abstract
This paper concentrates on an analysis of Article 7 of the EU Charter of Fundamental Rights and Article 8 of the European Convention on Human Rights in connection with Article 24 of the EU Charter of Fundamental Rights in the relevant case law of the CJEU and the ECtHR. Attention will be paid to the different weight given in the case law of both courts to the biological links between the child and the parent on the one hand and the socio-affective relationships between the child and the carer on the other hand.
The recent cases of Harroudj v. France, Loudoudi and Others v.
Belgium and C-129/18 SM concerning the institute of Islamic law "kafala" will be discussed in detail.