Izvorni znanstveni članak
https://doi.org/10.3935/zpfz.75.3.4
Protection of the Right to Know One’s Origin in the Practice of the European Court of Human Rights?
Nataša Lucić
; Pravni fakultet Sveučilišta Josipa Jurja Strossmayera u Osijeku, Osijek, Hrvatska
Sažetak
The right to know the truth about one’s origin is a fundamental component of human identity and dignity. Although numerous international and European legal sources protect the right to know one’s origin as a separate right or as a component of a more broadly defined right, they do not provide specific guidelines for the development of effective national mechanisms for the realization of this right. The burden of creating such mechanisms is placed on national legislators. Likewise, they do not offer clearer guidelines for achieving a balance in the event of a conflict between the right to know one’s origin and other rights of its holder or the rights of other persons. In this context, the case law of the European Court of Human Rights (ECtHR) becomes crucial because it offers guidelines for the interpretation and application of international standards in national legal systems.
The aim of this paper is a systematic analysis of the relevant case law of the ECtHR in the field of the right to know one’s origin, with an emphasis on the judgments and the positions of the ECtHR expressed therein that can help the Croatian legislator in identifying existing limitations in the national legal framework. Based on the results of the analysis of the relevant practice of the ECtHR, the paper provides concrete guidelines for assessing the effectiveness of existing legal solutions and for defining the direction of future development of Croatian family legislation in this legal area.
Ključne riječi
European Court of Human Rights; private and family life; identity; origin
Hrčak ID:
337765
URI
Datum izdavanja:
31.10.2025.
Posjeta: 145 *