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In A & D and B & E, the Court established, requirements
of Article 8 of the Human Rights Convention. It is in these
terms :
"Right to respect for private and family life:
Every one has the right to respect for his private and family
life, his home and his correspondence.
There shall be no interference by a public authority with
the exercise of this right except such as is in accordance
with the law and is necessary in a democratic society in the
interests of national security, public safety or the economic
well-being of the country, for the prevention of disorder
or crime, for the protection of health or morals, or for the
protection of the rights and freedoms of others."
The court may interfere with the rights of both parents and
children where to do so is to protect the child. "The
parent with whom a child is living, whether mother or father,
does not have greater rights than an absent parent who is
entitled to be consulted on major decision in the child's
life. But the court does attach importance to the particular
bond between a child and the parent with whom they are living
and will take care to safeguard and preserve it in the best
interests of the child, (paras. 339 354)".
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