170. With regard to Articles 11.2 and 17.1 of the American Convention, every person’s right to protection against arbitrary or unlawful interference with his or her family is implicitly a part of the right to protection of the family, and is also explicitly recognized by Articles 12.1 of the Universal Declaration of Human Rights,185 V of the American Declaration of Rights and Duties of Man,186 17 of the International Covenant of Civil and Political Rights,187 and 8 of the European Human Rights Convention.188 These provisions are especially significant when separation of a child from his family is being analyzed189. 171. According to the case law of the European Court of Human Rights, the mutual enjoyment of harmonious relations between parents and children is a fundamental component of family life,190 and the purpose of Article 8 of the European Convention on Human Rights is to protect individuals against arbitrary interference by public authorities and to require the State to take affirmative measures to promote effective respect for family life.191 172. With regard to the concept of family, various human rights organs created by treaties, have stated that there is no single model for a family, which may have many variations192. Similarly, the European Court has interpreted the concept of “family” in broad terms. With regard to different sex couples, it has repeatedly indicated that: 185 Article 12.1 states that “[n]o one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.” 186 Article V of the American Declaration of Rights and Duties of Man states that “every person has the right to the protection of the law against abusive attacks upon his honor, his reputation and his private and family life.” 187 Article 17 of the International Covenant of Civil and Political Rights states that “[n]o one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.” 188 In this regard, Article 8.1 of the Convention for the Protection of Human Rights and Fundamental Freedoms states that: “[e]veryone has the right to respect for his private and family life, his home and his correspondence.” Likewise, Article 8.2 states that “[t]here shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.” 189 Cf. Advisory Opinion OC-17/02, supra note 122, para. 71. 190 Cf. Advisory Opinion OC-17/02, supra note 122, para. 72, citing ECHR, Case of Buchberger v. Austria, (No. 32899/96). Judgment of December 20, 2001. Final, March 20, 2003, para. 35; Case of T and K v. Finland, Judgment of July 12, 2001, para. 151; Case of Elsholz v. Germany, Judgment of July 13, 2000, para. 43; Case of Bronda v. Italy, Judgment of June 9, 1998, para. 51; Case of Johansen v. Norway, Judgment of August 7, 1996, para. 52. 191 Cf. ECHR, Case of Olsson v. Sweden, Judgment of March 24, 1988, para. 81. Cf. United Nations, Committee on the Elimination of Discrimination Against Women, General Recommendation No. 21 (13th period of sessions, 1994). Equality in marriage and in family relationships, para. 13 (“The form and the concept of a family can vary from State to State and even between regions within a State. Whatever form it takes, and whatever the legal system, religion, custom or tradition within the country, the treatment of women in the family, both at law and in private, must conform to the principles of equality and justice for all people, as Article 2 of the Convention requires”); Committee on the Rights of the Child, General Comment No. 7. Implementing Child Rights in Early Childhood, supra note 171, paras. 15 and 19 (“The Committee recognizes that ‘family’ here refers to a variety of arrangements that can provide for young children’s care, nurturance and development, including the nuclear family, the extended family and other traditional and modern community-based arrangements, provided that these are consistent with children’s rights and best interests. […]The Committee notes that in practice family patterns are variable and changing in many regions, as is the availability of informal networks of support for parents, with an overall trend towards greater diversity in family size, parental roles and arrangements for bringing up children”); Human Rights Committee, General Comment No. 192 54

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