431. Obligation to protect and respect family life.

Positive obligations to protect and respect family life1 require the state to ensure, properly and effectively, that neither it nor individuals frustrate the enjoyment of family life2. States must have in place legislation which will achieve this end: for example, parents are entitled to have measures taken that will permit them to be reunited with their children and there is an obligation (though not an absolute one) on the national authorities to take such action3. Such measures must not discriminate on the grounds of sexual orientation4 or religion5.

Decisions as to custody and access must not only be taken in