Tokens: 9
.
Where
parents
make
personal
choices
,
the
State
’s
positive
obligations
under
Article
8
are
generally
spoken
of
as
being
of
secondary
importance
and
almost
the
same
goes
for
facing
consequences
of
deliberate
acts
.
Thus
,
imprisonment
of
fathers
sentenced
for
having
committed
a
crime
rarely
raises
issues
under
Article
8
of
the
Convention
,
even
though
their
children
are
liable
to
suffer
from
it
.
The
same
goes
for
divorce
.
The
present
case
,
of
course
,
is
not
at
all
about
a
committed
crime
or
a
divorce
;
nor
is
it
about
an
eventual
rupture
of
family
life
caused
by
the
State
.
It
is
about
a
family
wishing
to
establish
a
particular
place
of
residence
.
What
would
be
the
perspective
in
cases
of
chosen
emigration
from
the
Netherlands
in
contrast
with
this
case
of
refused
residence
?
Many
parents
seek
economic
or
other
opportunities
abroad
;
and
nowadays
Suriname
is
a
notably
popular
destination
.
Even
though
children
of
such
emigrants
might
prefer
to
stay
where
they
reside
,
they
would
be
obliged
to
follow
their
parents
.
In
such
cases
of
chosen
emigration
the
State
has
generally
speaking
no
positive
obligation
to
intervene
.
It
is
commonly
understood
that
respect
for
family
life
implies
that
the
best
interests
of
the
children
are
then
considered
to
be
best
served
by
accepting
the
consequences
of
the
(
lawful
)
choices
made
by
their
parents
,
unless
fundamental
rights
of
the
children
(
such
as
those
protected
by
Article
3
)
would
thereby
be
violated
.
Shifting
the
responsibility
for
consequences
of
choices
made
by
parents
to
the
State
is
,
in
our
view
,
in
principle
not
conducive
to
the
furtherance
of
the
best
interests
of
the
children
with
regard
to
family
life
.
There
would
also
be
a
great
risk
that
parents
exploited
the
situation
of
their
children
in
order
to
secure
a
residence
permit
for
themselves
(
see
Butt
v.
Norway
,
no
.
47017/09
,
§
79
)
.
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