The right to family life: What does it mean in practice?

16. december 2024
The right to private and family life is a fundamental human right protected under Article 8 of the European Convention on Human Rights (ECHR). This right not only safeguards individuals’ ability to maintain close relationships with their loved ones but also establishes guidelines for how states should handle family reunification, deportations, and other decisions that impact family life.

What does the right to family life cover?

Article 8 of the ECHR guarantees the right to respect for private and family life. However, this right is not absolute. States can interfere with it if such interference:

  • Is based on national legislation.
  • Pursues legitimate purposes, such as protecting national security or public safety.
  • Is necessary in a democratic society.


In cases involving foreign nationals, courts consider several factors, including:

  • Whether a genuine family life exists, such as between spouses, parents, and children.
  • The consequences of separating the family.
  • The individual's ties to the host country versus their home country.

Family life in immigration cases

For foreign nationals seeking residency or facing deportation, the right to family life is often a key argument. According to rulings from the European Court of Human Rights (ECHR), states must conduct a proportionality assessment, balancing the individual’s right to family life against legitimate state interests. For example, a person with strong family and social ties in Denmark cannot be deported without careful consideration, even if they have committed minor legal infractions.

Denmark’s International obligations

Denmark, like other countries, is obligated to adhere to international conventions and court rulings. While Danish immigration policy emphasizes temporary residence and repatriation, the right to family life must still be respected. This is especially crucial when children are involved, as the UN Convention on the Rights of the Child prioritizes the best interests of the child in all decisions.


At VisaGuiden, we understand the challenges of navigating family reunification or deportation cases. The right to family life provides a strong legal foundation to contest decisions that may separate families, but these cases require a thorough and professional approach.



If you have questions about how the right to family life can protect your situation or need assistance understanding the complex legal framework, we’re here to help. Contact us for personalized advice and let us guide you in safeguarding your rights.