european human rights and family law

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European Human Rights And Family Law

Author : Shazia Choudhry
ISBN : 9781847317445
Genre : Law
File Size : 71. 59 MB
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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.

European Family Law Volume Iii

Author : Jens M. Scherpe
ISBN : 9781785363054
Genre : LAW
File Size : 21. 29 MB
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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

Children S Rights And The Developing Law

Author : Jane Fortin
ISBN : 0521606489
Genre : Juvenile Nonfiction
File Size : 84. 33 MB
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This text considers the developing law in England and Wales as it applies to the burgeoning and confusing subject of the rights of children. It examines the extent to which the emerging legal principles can be harnessed to fulfil those rights.

Family Law And The Human Rights Act 1998

Author : Heather Swindells
ISBN : UOM:39015049480430
Genre : Law
File Size : 73. 18 MB
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The Human Rights Act 1998 provides, for the first time, for the enforcement of the European Convention on Human Rights against a public authority directly, through any level of the domestic courts. Several Articles of the European Convention have been specifically drafted to deal with the rights of the family. Implementation of the Act will throw up a number of important issues for family lawyers, who must understand the scope of the Act or risk exposure to possible negligence claims. Family Law and the Human Rights Act 1998 explains the family-law related aspects of the Act and assesses the implications of the Act to family lawyers.

Ageing Gender And Family Law

Author : Beverley Clough
ISBN : 9781351717496
Genre : Law
File Size : 82. 78 MB
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This book explores the intersecting issues relating the phenomenon of ageing to gender and family law. The latter has tended to focus mainly on family life in young and middle age; and, indeed, the issues of childhood and parenting are key in many family law texts. Family life for older members has, then, been largely neglected; addressing this neglect, the current volume explores how the issues which might be important for younger people are not necessarily the same as those for older people. The significance of family, the nature of family life, and the understanding of self in terms of one’s relationships, tend to change over the life course. For example, the state may play an increasing role in the lives of older people – as access to services, involvement in work and the community, the ability to live independently, and to form or maintain caring relationships, are all impacted by law and policy. This collection therefore challenges the standard models of family life and family law that have been developed within a child/parent-centred paradigm, and which may require rethinking in the turn to family life in old age. Interdisciplinary in its scope and orientation, this book will appeal not just to academic family lawyers and students interested in issues around family law, ageing, gender, and care; but also to sociologists and ethicists working in these areas.

International Dimensions In Family Law

Author : John Murphy
ISBN : 0719068428
Genre : Law
File Size : 39. 22 MB
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Offering a comprehensive and critical review of many important dimensions in English family law, this text offers a new approach to aspects of private international law, such as the recognition of foreign marriages and divorce and the conflicts rules governing financial relief on divorce, matrimonial property and succession.

Realising The Right To Family Reunification Of Refugees In Europe

Author : Council of Europe
ISBN :
Genre : Political Science
File Size : 47. 87 MB
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Relational Autonomy And Family Law

Author : Jonathan Herring
ISBN : 9783319049878
Genre : Law
File Size : 24. 31 MB
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This book explores the importance of autonomy in family law. It argues that traditional understandings of autonomy are inappropriate in the family law context and instead recommends the use of relational autonomy. The book starts by explaining how autonomy has historically been understood, before exploring the problems with its use in family law. It then sets out the model of relational autonomy which, it will be argued, is more appropriate in this context. Finally, some examples of practical application are presented. The issues raised and theoretical discussion is relevant to any jurisdiction.

The Making Of European Private Law

Author : J. M. Smits
ISBN : 9789050951913
Genre : Law
File Size : 55. 73 MB
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Over the last decade, Europe has witnessed the emergence of a vigorous debate about the need for and the feasibility of a future European ius commune in the field of private law. This book critically discusses this debate and provides a systematic overview of the various initiatives taken and describes the fragmentary European private law that already exists (by way of European directives, international conventions, etc.).

Perspectives For The Unification And Harmonisation Of Family Law In Europe

Author : Katharina Boele-Woelki
ISBN : 9789050952873
Genre : Law
File Size : 52. 34 MB
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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.

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