Ther project organised a training on the right to respect for private and family life, bringing together 60 lawyers from the regional branch of Bar Association in Prizren. The activity provided a platform for in-depth discussion and exchange on the key principles underpinning this right and its interpretation by the European Court of Human Rights.
Participants explored the four components of Article 8 of the European Convention on Human Rights - private life, family life, home, and correspondence - focusing on the protection of physical, psychological and moral integrity, identity and autonomy, procedural obligations in family matters, inviolability of the home, and the confidentiality of private correspondence, including written and electronic communication.
The training addressed both the negative and positive obligations of states under Article 8. Particular emphasis was placed on the duty to protect individuals from arbitrary interference by public authorities, as well as on the obligation to ensure effective respect for private and family life through appropriate legislative frameworks and enforcement mechanisms, including effective criminal investigations where required. Participants also examined the interaction of Article 8 with other Convention rights, including the right to life (Article 2), the right to a fair trial (Article 6), freedom of thought, conscience and religion (Article 9), freedom of expression (Article 10), and the prohibition of discrimination (Article 14).
It was highlighted, that in assessing compliance with Article 8 of the Convention, the Court in Strasbourg applies the principle of proportionality, requiring a fair balance between individual rights and interests of society. Participants also examined the concept of the margin of appreciation, noting that it is narrower where core aspects of individual identity are at stake and broader in areas where there is no clear European consensus, particularly in sensitive moral or ethical matters.
Under the protection of physical, psychological and moral integrity, the training covered a wide range of topics, including the protection of victims of violence and abuse, reproductive rights, mandatory medical treatment and procedures, mental health and protective measures, and access to healthcare. Additional discussions addressed end-of-life issues, the rights of persons with disabilities, burial-related matters, environmental issues affecting wellbeing, and aspects related to sexual orientation and private life.
A dedicated session focused on privacy and data protection, covering the right to personal image, protection of reputation and defamation, personal data protection, and access to personal information, including health data. The training also addressed privacy concerns in the context of state powers, including surveillance by security services, police supervision, detention, searches, and home visits, as well as safeguards such as the confidentiality of the lawyer–client relationship and privacy during detention.
Participants were introduced to practical resources of the European Court of Human Rights, including the HUDOC database and the Knowledge Sharing (ECHR-KS) platform, providing access to case law, thematic guides, and factsheets.
The training concluded with an analysis of landmark case law of the European Court of Human Rights and the Constitutional Court of Kosovo*[1] under Article 8 of the Convention, including Klass and Others v. Germany, Gorlov and Others v. Russia, X and Y v. the Netherlands, and Z and Others v. the United Kingdom.
This was the fourth training organised for lawyers since the kick of the project in January, amounting to nearly 250 lawyers trained in regional branches of Bar Association in Gjilan/Gnjilane, Pristina, Peje/Peć and Prizren. By strengthening the knowledge and practical skills of legal professionals, these activities contribute to the more consistent application of European human rights standards and to the effective protection of the right to respect for private and family life in Kosovo*.