EM (Lebanon) v. Secretary of State for the Home Department (AF (a Child) and Others intervening)

Abstract

Human rights — Asylum — European Convention on Human Rights, 1950 — Article 8 — Right to respect for private and family life — “Flagrant breach” of Article 8 right being so fundamental as to amount to nullification or destruction of very essence of right — “Flagrant breach” not distinct from “complete denial” and “nullification” — Article 8 rights of all persons affected by decisions to be taken into account — Article 14 — Prohibition of discrimination — Discrimination on grounds of sex — Whether aliens can claim entitlement under Convention to remain in Contracting State to escape discriminatory or arbitrary system in country of origin in exceptional circumstances — Right of States to control entry, residence and expulsion of aliens — Best interests of the child

Relationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — Article 8 — Sharia law — Family law — Custody of children — Lebanese automatic entitlement of father or male paternal relative to custody of children from age seven — The law of England