Same Sex Couples Before National Supranational And International Jurisdictions

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Same-Sex Couples before National, Supranational and International Jurisdictions

Daniele Gallo,Luca Paladini,Pietro Pustorino
Same Sex Couples before National Supranational and International Jurisdictions Book PDF

Author : Daniele Gallo,Luca Paladini,Pietro Pustorino
Publisher : Springer Science & Business Media
Page : 558 pages
File Size : 40,8 Mb
Release : 2013-12-02
Category : Law
ISBN : 9783642354342

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Same-Sex Couples before National, Supranational and International Jurisdictions by Daniele Gallo,Luca Paladini,Pietro Pustorino Pdf

The present volume focuses on the jurisprudence of national, supranational and international jurisdictions (and quasi-juridictions) as regards the legal status of same-sex couples. Its aim is to explore the content, rationale, functioning and potential of the different jurisdictions’ reasonings and their contribution to the strengthening of LGBTI rights (and duties). As a consequence, the book tries to convey the complexities and controversies that derive from the judicial recognition of same-sex couples across the world, taking always into account the relationship of the judiciary with the executive and the legislature and the related problems of legitimacy and democracy. The volume deals with this issue and considers it as a crucial test for modern democracies and contemporary societies.

Legal Recognition of Same-Sex Partnerships

Robert Wintemute,Mads Tønnesson Andenæs
Legal Recognition of Same Sex Partnerships Book PDF

Author : Robert Wintemute,Mads Tønnesson Andenæs
Publisher : Hart Publishing
Page : 807 pages
File Size : 49,5 Mb
Release : 2001-10-13
Category : Family & Relationships
ISBN : 9781841131382

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Legal Recognition of Same-Sex Partnerships by Robert Wintemute,Mads Tønnesson Andenæs Pdf

In this book an international team of scholars examines both theoretical issues and the wide variety of legal developments in various countires.

Same-Sex Relationships, Law and Social Change

Frances Hamilton,Guido Noto La Diega
Same Sex Relationships Law and Social Change Book PDF

Author : Frances Hamilton,Guido Noto La Diega
Publisher : Routledge
Page : 280 pages
File Size : 52,5 Mb
Release : 2020-01-15
Category : Law
ISBN : 9780429664441

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Same-Sex Relationships, Law and Social Change by Frances Hamilton,Guido Noto La Diega Pdf

This edited collection provides a forum for rigorous analysis of the necessity for both legal and social change with regard to regulation of same-sex relationships and rainbow families, the status of civil partnership as a concept and the lived reality of equality for LGBTQ+ persons. Twenty-eight jurisdictions worldwide have now legalised same-sex marriage and many others some level of civil partnership. In contrast other jurisdictions refuse to recognise or even criminalise same-sex relationships. At a Council of Europe level, there is no requirement for contracting states to legalise same-sex marriage. Whilst the Court of Justice of the European Union now requires contracting states to recognise same-sex marriages for the purpose of free movement and residency rights, unlike the US Supreme Court, it does not require EU Member States to legalise same-sex marriage. Law and Sociology scholars from five key jurisdictions (England and Wales, Italy, Australia, Canada, and the Republic of Ireland) examine the role of the Council of Europe, European Union and further international regimes. A balanced approach between the competing views of critically analytical rights based theorists and queer and feminist theorists interrogates the current international consensus in this fast moving area. The incrementalist theory whilst offering a methodology for future advances continues to be critiqued. All contributions from differing perspectives expose that even for those jurisdictions who have legalised same-sex marriage, still further and continuous work needs to be done. The book will be of interest to students and scholars in the field of human rights, family and marriage law and gender studies.

Same Sex Couples - Comparative Insights on Marriage and Cohabitation

Macarena Sáez
Same Sex Couples Comparative Insights on Marriage and Cohabitation Book PDF

Author : Macarena Sáez
Publisher : Springer
Page : 208 pages
File Size : 50,8 Mb
Release : 2015-05-06
Category : Law
ISBN : 9789401797740

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Same Sex Couples - Comparative Insights on Marriage and Cohabitation by Macarena Sáez Pdf

This book shows six different realities of same-sex families. They range from full recognition of same-sex marriage to full invisibility of gay and lesbian individuals and their families. The broad spectrum of experiences presented in this book share some commonalities: in all of them legal scholars and civil society are moving legal boundaries or thinking of spaces within rigid legal systems for same-sex families to function. In all of them there have been legal claims to recognize the existence of same-sex families. The difference between them lies in the response of courts. Regardless of the type of legal system, when courts have viewed claims of same-sex couples and their families as problems of individual rights, they have responded with a constitutional narrative protecting same-sex couples and their families. When courts respond to these claims with rigid concepts of what a family is and what marriage is as if legal concepts where unmodifiable, same-sex couples have remained outside the protection of the law. Until forty years ago marriage was the only union considered legitimate to form a family. Today more than 30 countries have granted rights to same sex couples, including several that have opened up marriage to couples of the same sex. Every day there is a new bill being discussed or a new claim being brought to courts seeking formal recognition of same sex couples. Not all countries are open to changing their legal structures to accommodate same-sex couples, but even those with no visible changes are witnessing new voices in their communities challenging the status quo and envisioning more flexible legal systems.

Routledge Handbook of International Family Law

Barbara Stark,Jacqueline Heaton
Routledge Handbook of International Family Law Book PDF

Author : Barbara Stark,Jacqueline Heaton
Publisher : Routledge
Page : 422 pages
File Size : 49,6 Mb
Release : 2019-01-30
Category : Law
ISBN : 9781317043119

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Routledge Handbook of International Family Law by Barbara Stark,Jacqueline Heaton Pdf

Globalisation, and the vast migrations of capital and labour that have accompanied it in recent decades, has transformed family law in once unimaginable ways. Families have been torn apart and new families have been created. Borders have become more porous, allowing adoptees and mail order brides to join new families and women fleeing domestic violence to escape from old ones. People of different nationalities marry, have children, and divorce, not necessarily in that order. They file suits in their respective home states or third states, demanding support, custody, and property. Otherwise law-abiding parents risk jail in desperate efforts to abduct their own children from foreign ex-spouses. The aim of this Handbook is to provide scholars, postgraduate students, judges, and practioners with a broad but authoritative review of current research in the area of International Family Law. The contributors reflect on a range of jurisdictions and legal traditions and their approaches vary. Each chapter has a distinct subject matter and was written by an author who was invited because of his or her expertise on that subject. This volume provides a valuable contribution to emerging understandings of the subject.

Same-Sex Families and Legal Recognition in Europe

Marie Digoix
Same Sex Families and Legal Recognition in Europe Book PDF

Author : Marie Digoix
Publisher : Springer Nature
Page : 181 pages
File Size : 53,8 Mb
Release : 2020-02-28
Category : Social Science
ISBN : 9783030370541

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Same-Sex Families and Legal Recognition in Europe by Marie Digoix Pdf

This open access book focuses on family diversity from a legal, demographical and sociological perspective. It investigates what is at stake in the life of homosexuals in the field of family formation, parenting and parenthood, what it brings to everyday life, the support of the law, and what its absence implies. The book shows the paths leading to the adoption of laws while demographic analyses concentrate on the link between registration of same-sex marriages and same-sex parenting with a detailed focus on Spain. The sociological chapters in this book, based upon qualitative surveys in France, Iceland and Italy, underline how the importance of the legal structure influenced the daily life of homosexual families. As such this book is an interesting read to lawyers, demographers, sociologists, behavioural scientists, and all those working in the field.

Same-Sex Marriage in the Americas

Jason Pierceson,Adriana Piatti-Crocker,Shawn Schulenberg
Same Sex Marriage in the Americas Book PDF

Author : Jason Pierceson,Adriana Piatti-Crocker,Shawn Schulenberg
Publisher : Lexington Books
Page : 256 pages
File Size : 53,5 Mb
Release : 2010-04-13
Category : Social Science
ISBN : 9780739146576

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Same-Sex Marriage in the Americas by Jason Pierceson,Adriana Piatti-Crocker,Shawn Schulenberg Pdf

This book examines the proliferation of policy making concerning the recognition and protection of same-sex relationships in the countries of North and South America, adding to the knowledge of developments in the United States and Canada, but, mostly notable, exploring more recent developments in Mexico, Central and South America, and the Caribbean. While much work has been done on developments in Europe and upper North America, this book attempts to broaden the understanding of relationship equality policy proliferation around the world and to add new insights regarding the policies of sexuality in different national contexts. The book discusses the several factors that have constrained and facilitated policymaking in this area including legal systems, public opinion, political culture, and, more particularly, the role of religion as a key obstacle in the recognition of rights for same-sex couples. The chapters also explore the role of institutional mechanisms, political parties, NGOs, IGOs, and international norms as significant factors for policy adoption This book explores policy innovation for same-sex couples throughout the Americas and includes same-sex marriage legislation, civil unions, and other new developments for same-sex couples throughout the Americas at both national and sub-national levels. This scholarship is innovative because though much has been written regarding developments in North America, there is very little work dealing with recent developments in the rest of the Americas.

Legal Recognition of Same-sex Relationships in Europe

Katharina Boele-Woelki
Legal Recognition of Same sex Relationships in Europe Book PDF

Author : Katharina Boele-Woelki
Publisher : Intersentia Uitgevers N V
Page : 310 pages
File Size : 50,7 Mb
Release : 2012
Category : Law
ISBN : 1780680457

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Legal Recognition of Same-sex Relationships in Europe by Katharina Boele-Woelki Pdf

Rev. ed. of : Legal recognition of same-sex couples in Europe / edited by Katharina Boele-Woelki, Angelika Fuchs. c2003.

Constitutional Courts, Gay Rights and Sexual Orientation Equality

Angioletta Sperti
Constitutional Courts Gay Rights and Sexual Orientation Equality Book PDF

Author : Angioletta Sperti
Publisher : Bloomsbury Publishing
Page : 256 pages
File Size : 53,5 Mb
Release : 2017-05-04
Category : Law
ISBN : 9781782256441

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Constitutional Courts, Gay Rights and Sexual Orientation Equality by Angioletta Sperti Pdf

In the last fifteen years constitutional issues regarding the rights of gays, lesbians and same-sex couples have emerged on a global scale. The pace of recognition of their fundamental rights, both at judicial and legislative level, has dramatically increased across different jurisdictions, reflecting a growing consensus toward sexual orientation equality. This book considers a wide-range of decisions by constitutional and international courts, from the decriminalization of sexual acts to the recognition of same-sex marriage and parental rights for same-sex couples. It discusses analogies and differences in judicial arguments and rationales in such cases, focusing in particular on human dignity, privacy, liberty, equality and non-discrimination. It argues that courts operate as major exporters of models and principles and that judicial cross-fertilization also helps courts in increasing the acceptability of gays' and lesbians' rights in public opinions and politics. Courts discuss changes in the social perception of marriage and family at national and international levels and at the same time confirm and reinforce them, forging the legal debate over sexual orientation equality. Furthermore, by promoting the political reception of the achievements of foreign gay movements in their own jurisdictions, courts play an essential role in breaking the political stalemate.

Law and Gender in Modern Ireland

Lynsey Black,Peter Dunne
Law and Gender in Modern Ireland Book PDF

Author : Lynsey Black,Peter Dunne
Publisher : Bloomsbury Publishing
Page : 407 pages
File Size : 51,8 Mb
Release : 2019-02-21
Category : Law
ISBN : 9781509917235

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Law and Gender in Modern Ireland by Lynsey Black,Peter Dunne Pdf

Law and Gender in Modern Ireland: Critique and Reform is the first generalist text to tackle the intersection of law and gender in this jurisdiction for over two decades. As such, it could hardly have come at a more opportune moment. The topic of law and gender, perhaps more so than at any other time in Irish history, has assumed a dominant place in political and academic debate. Among scholars and policy-makers alike, the regulation of gendered bodies, and the legal status of sexual and gendered identities, is now a highly visible fault line in public discourse. Debates over reproductive justice (exemplified by the recent referendum to remove the '8th Amendment'), increased rights for lesbian, gay, bisexual and transgender persons (including the public-sanctioned introduction of same-sex marriage) and the historic mistreatment of women and young girls have re-shaped Irish public and political life, and encouraged Irish society to re-examine long-unchallenged gender norms. While many traditional flashpoints remain such as abortion and prostitution/sex work, there are also new questions, including surrogacy and the gendered experience of asylum frameworks, which have emerged. As policy-makers seek to enact reforms, they face a population with increasingly polarised perceptions of gender and a legal structure ill-equipped for modern realities. This edited volume directly addresses modern Irish debates on law and gender. Providing an overview of the existing rules and standards, as well as exploring possible options for reform, the collection stands as an important statement on the law in this jurisdiction, and as an invaluable resource for pursuing gendered social change. While the edited collection applies a doctrinal methodology to explain current statutes, case law and administrative practices, the contributors also invoke critical gender, queer and race perspectives to identify and problematise existing (and potential) challenges. This edited collection is essential reading for all who are interested in law, gender and processes of social change in modern Ireland.

Judicial Dialogue and Human Rights

Amrei Müller,Hege Elisabeth Kjos
Judicial Dialogue and Human Rights Book PDF

Author : Amrei Müller,Hege Elisabeth Kjos
Publisher : Cambridge University Press
Page : 641 pages
File Size : 41,6 Mb
Release : 2017-05-25
Category : Law
ISBN : 9781107173583

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Judicial Dialogue and Human Rights by Amrei Müller,Hege Elisabeth Kjos Pdf

A comprehensive analysis of the extent, method, purpose and effects of domestic and international courts' judicial dialogue on human rights.

Private International Law

Symeon C. Symeonides
Private International Law Book PDF

Author : Symeon C. Symeonides
Publisher : BRILL
Page : 502 pages
File Size : 46,5 Mb
Release : 2021-11-08
Category : Law
ISBN : 9789004503915

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Private International Law by Symeon C. Symeonides Pdf

This book compares the two golden ages of private international law (PIL): the first is the era of Story and Savigny in the nineteenth century, while the second comprises the last fifty years. The period between 1970 and 2020 has been one of rapid changes and dense legislative responses, exemplified by the adoption of over one hundred national PIL codifications and almost as many international or regional conventions and regulations. These instruments provide a rich source for this book’s incisive and instructive comparisons and a fertile ground for a reliable assessment of the progress of PIL as a discipline. This book skillfully uncovers and meticulously documents the gradual—and largely unnoticed—transition of PIL from the idealism of the nineteenth century to the pragmatic eclecticism and pluralism of the twenty-first century.

Judicial Power in a Globalized World

Paulo Pinto de Albuquerque,Krzysztof Wojtyczek
Judicial Power in a Globalized World Book PDF

Author : Paulo Pinto de Albuquerque,Krzysztof Wojtyczek
Publisher : Springer Nature
Page : 671 pages
File Size : 40,6 Mb
Release : 2019-08-21
Category : Law
ISBN : 9783030207441

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Judicial Power in a Globalized World by Paulo Pinto de Albuquerque,Krzysztof Wojtyczek Pdf

This book explores fundamental topics concerning the functioning of the judiciary. The authors – class scholars, international judges and jurists from a diverse range of countries – address general theoretical issues in connection with judicial power, the role and functioning of international courts, international standards concerning the organization of national judiciaries, and the role of domestic courts in international relations, as well as alternative means of settling disputes. The book contributes a novel and valuable global perspective on burning issues, especially on judicial power and independence in a time in which illiberal and authoritarian regimes are constantly seeking to diminish the role of the judiciary.

European Family Law Volume I

Jens M. Scherpe
European Family Law Volume I Book PDF

Author : Jens M. Scherpe
Publisher : Edward Elgar Publishing
Page : 384 pages
File Size : 45,8 Mb
Release : 2016-01-29
Category : LAW
ISBN : 9781785363016

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European Family Law Volume I by Jens M. Scherpe Pdf

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.

The Asian Yearbook of Human Rights and Humanitarian Law

Anonim
The Asian Yearbook of Human Rights and Humanitarian Law Book PDF

Author : Anonim
Publisher : BRILL
Page : 630 pages
File Size : 55,6 Mb
Release : 2019-07-22
Category : Law
ISBN : 9789004401716

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The Asian Yearbook of Human Rights and Humanitarian Law by Anonim Pdf

The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. The focused theme of Volume 3 is Law, Gender and Sexuality.