International legal standards of children's rights protection in intercultural marriages (case study of the Council of Europe)

This article studies the jurisprudence of the European Court of Human Rights referring to the protection of children in intercultural marriages. Considering provisions of the Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the right to respect for private and family life) and studying the cases from the Court's practice, the authors examine how this Article is used by the Court in order to provide protection of children’s rights. It is concluded that observance of the best interest of the child is the only common criterion of settling the disputes over child upbringing inside the intercultural marriage elaborated by the European Court of Human Rights. The principle of the best interest of the child enjoys a priority over the rights and duties of parents.