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Collected Papers of the Faculty of Law of the University of Rijeka / Raccolta di scritti della Facoltà di giurisprudenza dell'Università di Rijeka / Gesammelte Schriften der Rechtswissen, Vol. 44 No. 1, 2023.

Original scientific paper

https://doi.org/10.30925/zpfsr.44.1.5

Compensation for Damages Caused by Violation of the Right to Respect for Family Life

Maja Bukovac Puvača orcid id orcid.org/0000-0003-3266-2108 ; University of Rijeka, Faculty of Law
Sandra Winkler ; University of Rijeka, Faculty of Law

Full text: croatian pdf 351 Kb

page 107-130

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Abstract

The subject of this paper is the problem of compensation for damages caused
by violation of the right to respect for family life. In the fi rst part of the paper, the
authors will consider the interrelation between supranational and national sources of
law, the combined interpretation of which makes it possible to identify minimum
standards for the protection of family life and give a description of various life
situations that may fall under the concept of “family life.” Furthermore, based on
the decisions of the ECtHR and the Constitutional Court of the Republic of Croatia,
an attempt will be made to show which issues related to compensation for damages
caused by violation of this right can be singled out as the most controversial. First,
the criteria used by the ECtHR and the decisions of this court in judgments against
the Republic of Croatia when deciding on adequate compensation based on Art.
41. ECHR are shown. Subsequently, the examples are given of the decisions of the
Constitutional Court of the Republic of Croatia in which violation of the right to
respect for family life was found, and some questions are pointed out that arise after
such decisions in relation to the responsibility for the harm infl icted on them. Based
on the fact that regardless of whether the specifi c violation was found by the ECtHR
or by the Constitutional Court of the Republic of Croatia, the same violation and the
same harm is in question, therefore the authors have concluded that just as common
minimum standards should be sought for the existence and application of common
minimum standards in the normalization of the concept of family life itself, they
should also be sought for the tort law position of the persons affected by its violation.

Keywords

human rights; family life; damage; fair compensation; European Convention for the Protection of Human Rights and Fundamental Freedoms.

Hrčak ID:

300128

URI

https://hrcak.srce.hr/300128

Publication date:

15.4.2023.

Article data in other languages: croatian

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