Algunas cuestiones sobre la filiación, la identidad nacional y el derecho al “respeto a la vida privada y familiar” del art. 8 CEDH en la jurisprudencia del TEDH

Abstract

The analysis of the latest jurisprudence of the European Court of Human Rights (ECHR) is addressed in view of the evolution of new issues that have arisen around filiation. New realities focused not only on the right of relationship, contact, communication or visitation between the minor and the parent after the family breakup, but also on some of the “new” realities of the family, such as single-parent adoption and the right to change surnames; or after the determination of the new paternity and the necessary right of contact with the one who until now was considered the parent, or, on the contrary, the new determination of the paternity and the continuity of the coexistence with the mother and her husband who considered the child’s father; without forgetting the necessary parental authority of the person with disabilities... All issues articulated around article 8 of the European Convention on Human Rights, where respect for private and family life is focused on achieving the best interest of the child.