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
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