Right to respect for family life under the European Convention on Human Rights

Right to respect for family life is usually regulated under the title of ?right to respect for private life? in international human rights law and provides a protected area beyond privacy for individuals. Right to respect for family life as guaranteed with Article 8 of European Convention on Human Rights (ECHR) also complies with this general tendency. As is known, human rights concept now requires for the States to undertake not only negative obligations such as not to interfere, but also positive obligations even about the rights of status negativus. The scope of the liabilities of the Contracting States has extended with the approval of positive obligations doctrine in the judgements of the European Court of Human Rights (ECHR). It is expressed for many times by the Convention Organs that the word ?respect? in Article 8 of the Convention, refers positive obligations and is explained what kind of regulations to be done as requirements of right to respect for family life.It is possible to say that right to respect for family life has a progressive line due to the principles of autonomous and evolutive interpretation of ECHR. Some subjects once evaluated only under the concept of private life or out of Article 8 protection as a whole, are now protected with this right. Matter of dispute in applications referring to right to respect for family life is mainly about the deprivation of family members of the possibility of living together or contact with each other, if they are obliged to live apart for different reasons. Most of the applications are about the subjects concerning the rights of children or foreigners. According to Article 90 of 1982 Constitution, ECHR is a part of national legal system and is applied directly as laws. Thus, learning about the obligations of Contracting States under Article 8 of ECHR has notably importance for adoption to ECHR and avoiding violation judgements against Turkey. Key Words: Family, Family Life, Article 8 of European Convention on Human Rights, European Court of Human Rights, Positive Obligation.