The project facilitated a training on Article 8 of the European Convention on Human Rights, the right to respect for private and family life, with lawyers from the regional branch of the Bar Association in Gjakova/Đakovica. The workshop brought together more than 40 legal professionals to discuss key principles, standards and evolving jurisprudence developed by the European Court of Human Rights under Article 8 of the Convention.
The training focused on five thematic areas, including the general principles governing the interpretation of Article 8 of the Convention, the scope and structure of Article 8, the core elements of the right to private and family life, the case law of the Constitutional Court of Kosovo*[1] concerning Article 36 of the Constitution in conjunction with Article 8 of the Convention, and practical tools for identifying and applying the jurisprudence of the European Court of Human Rights.
The first part of the training addressed the fundamental principles underlying the interpretation of Article 8, including the positive and negative obligations of the State, the scope of permissible interferences, and the relationship between Article 8 of the Convention and Article 36 of the Constitution of Kosovo*. Discussions also explored the interconnection between Article 8 and other Convention rights, particularly in cases involving competing interests and proportionality assessments.
The second session focused on the scope and structure of Article 8 through an overview of relevant Strasbourg Court and Constitutional Court of Kosovo* jurisprudence. Participants examined the interpretation of concepts such as private life, family life, inviolability of the home and correspondence, including issues related to personal identity, autonomy, dignity, and physical and psychological integrity. Particular attention was given to the Constitutional Court’s approach to Article 36 of the Constitution in light of Strasbourg standards and principles. Practical examples and case law analyses enabled participants to discuss the application of these standards in domestic legal practice and judicial proceedings.
The final session concentrated on practical aspects of researching and properly referencing case law of the Strasbourg Court in judicial decision-making and legal argumentation. Participants were introduced to research tools and databases, including the Strasbourg Court’s Knowledge Sharing platform (ECHR-KS), HUDOC database, Case Law Guides, Key Themes and Thematic Factsheets, as resources supporting legal professionals in identifying relevant jurisprudence in specific cases.
This was the seventh training organised with lawyers of the Bar Association on the right to respect for private and family life, bringing the total number of trained lawyers to more than 400. Through these activities, the project reached lawyers from all regional branches of the Bar Association, including Pristina, Gjilan/Gnjilane, Prizren, Pejë/Peć, Mitrovica, Ferizaj/Uroševac and Gjakova/Đakovica, further strengthening their capacity to apply European human rights standards in their legal practice and contribute to the effective protection of fundamental rights at the domestic level.