European Human Rights And Family Law
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European Human Rights And Family Law
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Author : Shazia Choudhry
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-04-27
European Human Rights And Family Law written by Shazia Choudhry and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-04-27 with Law categories.
This book examines the potential impact of human rights in the way the law interacts with families. Traditionally family law has been dominated by consequentialist/utilitarian themes. The most notable example of this occurs in the law relating to children and the employment of the "welfare principle". This requires the court to focus on the welfare of the child as the paramount consideration. Hitherto the courts and, to a certain extent, family law academics, have firmly rejected the use of the language of rights, preferring the discretion and child-centred focus of welfare. However, the incorporation of the European Convention on Human Rights via the Human Rights Act now requires family law to deal more clearly with the competing rights that family members can hold. In addition, it is clear that, to date, the courts have largely ignored or minimised the different demands that the HRA imposes on the judiciary and, in particular, judicial reasoning. This book challenges that view and suggests ways in which the family courts may improve their reasoning in this field. No longer can cases be dealt with on the basis of a simple utilitarian calculation of what is in the best interests of the child and other family members - greater transparency is required. The book clarifies the different rights that family members can hold and, in particular, identifies ways in which it may be possible to deal with the clash of rights between family members that will inevitably occur. Whether this requires an abandonment of the utilitarian nature of family law, or a reworking of it, is a theme that runs throughout the book.
The Present And Future Of European Family Law
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Author : Jens M. Scherpe
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-01-29
The Present And Future Of European Family Law written by Jens M. Scherpe and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-29 with LAW categories.
The Present and Future of European Family Law explores the essence of European family law – and what its future may be. It compares and analyses existing laws and court decisions, identifies trends in legislation and jurisprudence, and also forecasts (and in some cases proposes) future developments. It establishes that while there is, at present, no comprehensive European family law, elements of an ‘institutional European family law’ have been created through decisions by the European Court on Human Rights and by the Court of Justice of the European Union as well as other EU instruments. At the same time an ‘organic European family law’ is beginning to emerge. The laws in many European jurisdictions have developed similarly and have ‘grown together’, not only as a result of the aforementioned institutional pressures, but also as a result of societal developments, and comparable reactions to medical and societal advances and changes. Hence there already is a body of institutional and organic European family law, and it will continue to grow. This book, and the others in the set, will serve as an invaluable resource for anyone interested in family law. It will be of particular use to students and scholars of comparative and international family law, as well as family law practitioners.
European Family Law Volume I
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Author : Jens M. Scherpe
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-01-29
European Family Law Volume I written by Jens M. Scherpe and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-29 with LAW categories.
The Impact of Institutions and Organisations on European Family Law looks at the impact that institutions and organisations have had, and continue to have, on European family law. In many ways the chapters in this volume provide the easiest explanation for the existence of a European family law. While there is no European body that could actually legislate definitively on family law – even the European Union has no such mandate – there are still some obvious institutions that have a very direct impact on European family law. These can be divided into two groups; namely those that have a direct impact, such as the European Court of Human Rights and the European Union, and those that have an indirect impact, such as the Commission on European Family Law (CEFL), the Council of Europe and the International Commission on Civil Status (ICCL/CIEC) as well as the private international law instruments of the Hague Conference (HCCH) and the EU. Together, with religion, all of these institutions are contributing to the creation of a European family law. This book, and the others in the set, will serve as an invaluable resource for anyone interested in family law. It will be of particular use to students and scholars of comparative and international family law, as well as family law practitioners.
European Family Law Volume Iii
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Author : Jens M. Scherpe
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-01-29
European Family Law Volume Iii written by Jens M. Scherpe and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-29 with LAW categories.
This four-volume set maps the emerging European family law. It is intended to serve as a resource for anyone interested in this area of law, as well as a basis for teaching on comparative and international family law courses. The first volume examines t
European Family Law Volume I
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Author : Jens M. Scherpe
language : en
Publisher:
Release Date : 2016
European Family Law Volume I written by Jens M. Scherpe and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Domestic relations categories.
This volume looks at the impact that institutions and organisations have had, and continue to have, on European family law. In many ways the chapters in this volume provide the easiest explanation for the existence of a European family law. While there is no European body that could actually legislate definitively on family law - even the European Union has no such mandate - there are still some obvious institutions that have a very direct impact on European family law. These can be divided into two groups; namely those that have a direct impact, such as the European Court of Human Rights and the European Union, and those that have an indirect impact, such as the Commission on European Family Law (CEFL), the Council of Europe and the International Commission on Civil Status (ICCL/CIEC) as well as the private international law instruments of the Hague Conference (HCCH) and the EU. Together, with religion, all of these institutions are contributing to the creation of a European family law.This book, and the others in the set, will serve as an invaluable resource for anyone interested in family law. It will be of particular use to students and scholars of comparative and international family law, as well as family law practitioners.
The Child And The European Convention On Human Rights
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Author : Ursula Kilkelly
language : en
Publisher: Taylor & Francis
Release Date : 2017-07-05
The Child And The European Convention On Human Rights written by Ursula Kilkelly and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with Law categories.
The European Convention on Human Rights is the most successful system for the enforcement of human rights in the world. However, to date its full potential for protecting children’s rights has not been explored as attention has focused on the UN Convention on the Rights of the Child. This unique book provides the first analysis of the extensive case law of the Commission and the Court of Human Rights on all issues concerning children and their rights. This study is important as a study of the regional protection of children’s rights and, moreover, the case law itself can be directly applied in the legal system of nearly every European country, including the UK. The book includes chapters on the rights of the child under the European Convention on Human Rights in relation to education, protection from abuse, the right to identity, child care, juvenile justice, health care and immigration and the family. It also explores the potential of the Strasbourg mechanism for the protection of children’s rights and thus provides a practical and vital guide to the study and use of the European Convention in the broad area of children’s rights.
The Right To Family Life In The European Union
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Author : Maribel González Pascual
language : en
Publisher: Taylor & Francis
Release Date : 2016-12-19
The Right To Family Life In The European Union written by Maribel González Pascual and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-19 with Law categories.
Exploring the main developments and challenges for the right to family life in the context of European integration, this book examines the right to family life in the EU Charter of Fundamental Rights and the interplay between family life, citizenship, and free movement; it analyzes the combined impact of the EU and the European Convention on Human Rights on the concept of the family protected by the law in light of recent case law. Considering the broadening understanding of what constitutes family, the challenges for the right to family life in the context of immigration, and the protection of families and social rights it provides a comprehensive overview of the current state of family life in the European Union.
Perspectives For The Unification And Harmonisation Of Family Law In Europe
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Author : Katharina Boele-Woelki
language : en
Publisher: Intersentia nv
Release Date : 2003
Perspectives For The Unification And Harmonisation Of Family Law In Europe written by Katharina Boele-Woelki and has been published by Intersentia nv this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Domestic relations categories.
Is the unification and harmonisation of (international) family law in Europe necessary? Is it feasible, desirable and possible? Reading the different contributions to this book may certainly inspire those who would like to find the right answers to these questions.
European Family Law Volume Ii
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Author : Jens M. Scherpe
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-01-29
European Family Law Volume Ii written by Jens M. Scherpe and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-29 with LAW categories.
The Changing Concept of ‘Family’ and Challenges for Domestic Family Law explores the changing concept of ‘family’, with the current social, political, medical and scientific challenges for domestic family law discussed in over 20 European jurisdictions. National reports describe the current law and legal development for ‘horizontal’ (the law of relationships between adults such as marriage, divorce, cohabitation, same-sex relationships), ‘vertical’ (the law governing the relationships between adults and children, such as parentage including artificial reproductive techniques and surrogacy, parental responsibility and adoption) and ‘individual’ (the law of names and recognition of gender identity) family law. They show that, while considerable legal and societal diversity still exists within Europe, family law, in many areas, is developing along similar lines, with a convergence towards a European family law. This book, and the others in the set, will serve as an invaluable resource for anyone interested in family law. It will be of particular use to students and scholars of comparative and international family law, as well as family law practitioners.
Family Life And Family Interests
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Author : Gerda A. Kleijkamp
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2023-07-03
Family Life And Family Interests written by Gerda A. Kleijkamp and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-03 with Law categories.
The purpose of this comparative study is three-fold. Firstly, it offers an analysis of and a comparison between the application and interpretation of Article 8 (often in conjunction with the anti-discrimination principle of Article 14) of the European Convention of Human Rights and the application and interpretation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment of the United States Constitution, in particular with regard to family law. Secondly, it compares and analyses the answers to the specific questions regarding circumstances under which a legal parent-child relationship may be established and by whom, as described under Dutch (Chapter 4) and Californian, New York and Texas Law (Chapter 5). And thirdly, it compares and analyses the compliance with and influence of the European Convention as reflected in family law by the Dutch Supreme Court and the compliance with and influence of the U.S. Constitution as reflected in family law decisions - and filiation law in particular - by the courts in California, New York and Texas.