A mother, father and their three sons were of Eritrean ethnicity but lived in the Netherlands and had acquired Dutch citizenship. When leaving Eritrea in 1989, the mother had left behind a daughter, then aged eight. When she was aged 15, an application was made for her to be allowed to enter the Netherlands in order to live with the family; but it was refused.
Held: By the refusal, the state had violated the rights under article 8 of all six of its members. The asserted obligation of the state was positive, and ‘the boundaries between the state’s positive and negative obligations under this provision do not lend themselves to precise definition’ and that ‘the applicable principles are, nonetheless, similar’.
Citations:
60665/00, [2010] ECHR 1454
Links:
Statutes:
European Convention on Human Rights
Jurisdiction:
Human Rights
Citing:
See Also – Tuquabo-Tekle and Others v The Netherlands ECHR 1-Dec-2005
ECHR Judgment (Merits and Just Satisfaction) – Preliminary objection dismissed (estoppel); Violation of Art. 8; Pecuniary damage – claim dismissed; Non-pecuniary damage – financial award; Costs and expenses . .
Cited by:
Cited – Quila and Another, Regina (on The Application of) v Secretary of State for The Home Department SC 12-Oct-2011
Parties challenged the rule allowing the respondent to deny the right to enter or remain here to non EU citizens marrying a person settled and present here where either party was under the age of 21. The aim of the rule was to deter forced . .
Lists of cited by and citing cases may be incomplete.
Human Rights
Updated: 25 August 2022; Ref: scu.425072
