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World Court Digest

II. Substantive International Law - Second Part

¤ Applicability of Article VI, Section 22,
of the Convention on the Privileges and
Immunities of the United Nations,
Advisory Opinion of 15 December 1989
I.C.J. Reports 1989, p. 177

[pp. 210-211 S.O. Evensen] The integrity of a person's family and family life is a basic human right protected by prevailing principles of international law which derive not only from conventional international law or customary international law but from "general principles of law recognized by civilized nations".
Thus in the Universal Declaration of Human Rights adopted by the United Nations General Assembly on 10 December 1948 the integrity of family and family life was laid down as a basic human right in Article 16, paragraph 3, as follows: "The family is the natural and fundamental group unit of society and is entitled to protection by society and the State." This principle, which is a concrete expression of an established principle of human rights in the modern law of nations, has been similarly expressed in other international law instruments. Thus the European Convention on Human Rights (the Rome Convention) of 4 November 1950 provides in Article 8, paragraph 1: "Everyone has the right to respect for his private and family life, his home and his correspondence."

* For questions of state succession with regard to human rights treaties see I 4.2.6.