Giulia Rossolillo

Art. 10 of the Institute of International Law Resolution on Human Rights and Private International Law: Continuity of Status as a Guarantee of Respect for Private and Family Life

  • Abstract

Informations and abstract

Keywords: recognition of status; foreign State’s point of view; continuity; connection with the State of origin; public policy and human rights; right to respect for private and family life.

The need to ensure the continuity of personal status across the borders has led many national systems of private international law, the Court of Justice and the European Court of Human Rights to attach importance to the point of view of the system in which the status was acquired and to the protection of the identity of a person in his or her transnational life. This trend is the result of the growing interplay between requirements peculiar to private international law, freedoms of movement guaran-teed by European Union law, and the need to protect human rights. While Article 10 of the Institut de droit international resolution on Human Rights and Private International Law is in the vein of this trend, it appears more timid in terms of the emphasis placed on the viewpoint of the state of origin of status. For the status to be recognized, in fact, it is required that the individual in question have a sufficient connection not only with the state whose authorities have issued the measure in question, but also with the state whose law is applied

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