El derecho al respeto la vida familiar de las personas con discapacidad a la luz de la jurisprudencia del TEDH
ISSN: 2386-4567
Year of publication: 2022
Issue: 17
Pages: 498-513
Type: Article
More publications in: Actualidad jurídica iberoamericana
Abstract
The interests that concur in the field of the right to respect for family life, not only concern the individual who exercises his right, but also those with whom it maintains the factual relationship that constitutes family life. The resolution of controversies where the right to respect for family life is affected, imply that the Court must seek a balance of the conflicting interests: the parental interest and the best interests of the child, which is more delicate when it is the rights of people with disabilities that may have infringed.