Balancing Objectivity and Compassion in Family Law: The Jurisprudence of the European Court of Human Rights

Abstract

Legal decision-making has traditionally emphasized objectivity to ensure consistency and uphold the rule of law. However, recent debates have highlighted the growing importance of compassion, empathy, and human-centric approaches, especially in areas like family law, where decisions directly impact people’s lives. This paper explores the tension between objectivity and compassion in legal contexts, with a focus on family law practices as exemplified by the European Court of Human Rights (ECtHR). Drawing on landmark cases, the analysis reveals how the ECtHR balances the rule of law with considerations of empathy, human dignity, and the best interests of children. This balance helps ensure that legal decisions are not only just and fair but also grounded in compassion, addressing the needs of the vulnerable while promoting equity and autonomy.