PARTICULAR ASPECTS RELATING TO THE RIGHT TO PRIVATE AND FAMILY LIFE OF PERSONS DEPRIVED OF THEIR LIBERTY IN THE LIGHT OF ART. 8 ECHR

Basically, the scope of art. 8 ECHR is to protect individuals against arbitrary interference of public authorities with their private and family life. The need to comply with this desideratum may require certain positive obligations on a State to ensure effective respect for the rights protected by art. 8. These obligations may involve the adoption of specific measures, including the provision of effective and accessible means of protecting the right to private life. Such measures, in turn, may include both the adoption of a regulatory framework for judicial and enforcement mechanisms to protect the rights of individuals and the implementation, where appropriate, of such measures in different circumstances. This paper aims to address the compatibility of existing provisions in national law on the participation of persons deprived of their liberty in tragic family events, such as funerals of close relatives, with the provisions of the ECHR and the case-law of the Court of Strasbourg from the perspective of the observance of the right to private and family life.