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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 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. This work was published by Saint Philip Street Press pursuant to a Creative Commons license permitting commercial use. All rights not granted by the work's license are retained by the author or authors.
Legal Recognition of Same-sex Couples in Europe by Katharina Boele-Woelki,Angelika Fuchs Pdf
The legal recognition of same-sex couples in Europe has undergone dramatic changes over the last few years. Following the Scandinavian model, many European countries have adopted statutes on registered partnerships or are currently debating draft legislation. The differences are bigger than one would expect at first sight. This book provides detailed information about the current state of affairs. The latest adopted statutes and draft legislation are included.
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.
During the past three decades, nations all over the world have been debating whether to allow same-sex couples to marry, or at least grant these couples various rights associated with marriage. In Equality for Same-Sex Couples, Yuval Merin presents the first comparative study of the legal regulation of same-sex partnerships worldwide, as well as a unique survey of the status of same-sex couples in Europe. Merin begins by providing a historical overview of the transformation of marriage from antiquity to the present. He then identifies and critically compares four principal models for the legal regulation and recognition of same-sex partnerships: civil marriage, registered partnership, domestic partnership, and cohabitation. Merin concludes that all of the models except civil marriage discriminate against gays and lesbians just as the "separate but equal" doctrine discriminated against African Americans; thus, so-called alternatives to marriage, even if they provide the same rights and benefits as marriage, are inherently unequal and therefore unconstitutional.
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 Relationships and Beyond by Same-Sex Relationships and Beyond: Gender Matters in the EU (Conference) Pdf
Preface -- Northern Europe : same-sex relationships and family law / Ingrid Lund-Andersen -- Legal recognition of same-sex relationships in Central Europe : steady progress / Samuel Fulli-Lemaire -- Southern jurisdictions : consolidation in the West, progress in the East / Cristina González Beilfuss -- Same-sex partnerships in Eastern Europe : marriage, registration or no regulation? / Suzana Kraljić -- Parenthood for same-sex couples in the European Union : key challenges / Tim Amos QC and Joe Rainer -- Recent case law on cross-border surrogacy / Isabelle Rein-Lescastereyres -- Law and practice of intercountry adoption / Geoffrey Shannon -- Homosexuality and human rights after Oliari v. Italy / Marilisa D'Amico and Costanza Nardocci -- European law against discrimination on grounds of sexual orientation / Robert Wintemute -- LGBT people as refugees and immigration rights / Neža Kogovšek Šalamon -- 'The legitimate aim of harmonising body and soul' : changing legal gender : family life and human rights / Marjolein van den Brink
Sexy Families for Sexy Citizens? by Dagmar Mehrtens Pdf
Master's Thesis from the year 2004 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: 9,0, University of Lisbon (Faculty of Law Ius Gentium, University of Coimbra), course: European Master's Programme in Human Rights and Democratisation, language: English, abstract: Over recent years, sexual minorities have growingly gained attention in the human rights discourse. This attention focuses on the de-criminalisation and anti-discrimination of lesbians, gays and others. However, states and human rights instruments remain unwilling to view those belonging to these newly established minorities in their complexity as social individuals and citizens. This makes it very difficult for sexual minorities to do things considered quite “normal” and essential for others, such as living a family life and raising children. Raising the topic of same-sex families within a human rights discourse remains highly controversial. “Family,” however, is more than a benevolent luxurious minority topic in modern welfare states. The human family constitutes the foundation of the human rights regime and as such is a fundamental cross-sectional institution and mechanism within liberal-democratic societies. Denying lesbians and gays the moral capacity of taking responsibility for partners and children, assigns them an inferior second-class status in society. Framing this distinction with categorical justifications by according them a special minority status, only supports hierarchical distinctions. It needs to be questioned, whether a specific heteronormative life-long man-wife conception of partnership can serve as the (universal) standard for marriage, family and the conception of a “good citizen” and fully recognised member of society or whether it is not this concept of “normality” that needs to be questioned rather than the assumed specificities of excluded “others.”
Over the Rainbow? The Road to LGBTI Inclusion by OECD Pdf
Discrimination against LGBTI people remains pervasive, while its cost is massive. This report provides a comprehensive overview of the extent to which laws in OECD countries ensure equal treatment of LGBTI people, and of the complementary policies that could help foster LGBTI inclusion.
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.
Same-Sex Relationships and Beyond (3rd Edition) by Katharina Boele-Woelki,Angelika Fuchs Pdf
The legal status of lesbian, gay, bisexual, and transgender (LGBT) people has undergone significant changes in several countries, but remains highly complex and difficult for those affected. Although same-sex partners may have the right to marry or enter into a registered partnership in one Member State, this right may be denied when they exercise their right to freedom of movement. The same is true for certain parent-child relationships, which may be recognized as such in one Member State but not another. This book explores the challenges and controversies concerning the recognition of non-heterosexual relationships throughout the EU through the lens of EU legislation, the case law of the CJEU and ECtHR, and recent national developments. Following the Irish referendum and the recent ECtHR judgment in Oliari v. Italy, more changes are expected in the near future. The opening part of this book describes the current state of play in all EU Member States (and beyond) when formalizing a same-sex relationship, 'steady progress' being the key term in describing the developments in many countries (with the exception of six Eastern European States that object to legislation in this field). The second part concentrates on parenthood and children's rights, notably adoption, surrogacy, multiple parenting, and the range of parenting rights for same-sex couples, and transsexual and transgender people. The third section on gender identity and human rights, discusses the legal aftermath of the European Court of Human Rights' judgment in Oliari, condemning Italy for failing to protect homosexuals' right to family life. Furthermore, it explains European Union legislation against discrimination on grounds of sexual orientation, and the challenges lesbian, gay, bisexual and transgender applicants are confronted with when reaching Europe as refugees. The book ends with a lively debate on the right to change one's legal gender, and it raises the fundamental question of whether we still need gender as a legal category or whether laws concerning partnership and parenting could feasibly be de-gendered. Does gender matter in the EU? This book is written for both the academic and professional readership. (Series: European Family Law, Vol. 42) [Subject: Human Rights Law, Family Law, EU Law]
Legal Recognition of Non-Conjugal Families by Nausica Palazzo Pdf
This book argues that insufficient recognition of new families is a legal problem that needs fixing in light of recent evolutions in family patterns and normative conceptions of 'family'. People increasingly invest in relationships falling outside the model of the marital family, such as non-conjugal unions of friends or relatives, polyamorous relationships and various religious-based families. Despite this, Western jurisdictions retain the marital family as the relevant basis for allocating family law benefits, rights and obligations. Part I of the book illustrates recent evolutions in family patterns and norms, and explores how law can accommodate multiple family grids without legal recognition involving normalisation. Part II focuses on courtroom litigation on the basis that courts nowadays are central avenues of social change. It takes non-conjugal families as a case study and provides an analysis of the most compelling argumentative strategies that non-conjugal families can mobilise to pursue legal recognition in Canada and the United States, and within the systems of the European Convention of Human Rights and the European Union. Through its comparative, interdisciplinary and critical legal method, the book provides scholars, activists and policymakers with conceptual tools to tackle the current invisibility of new families. Further, by advancing legal arguments to enhance the protection of non-conjugal families in courtrooms, the book illuminates the different approaches jurisdictions are likely to take and the hindrances thereof to overcome and debunk stereotypes associated with proper familyhood.
The Palgrave Handbook of Family Policy by Rense Nieuwenhuis,Wim Van Lancker Pdf
"This engaging collection gathers theoretical and empirical insights from leading family policy experts. The authors - representing diverse countries, disciplines, and methods - bring to life the volume's innovative conceptual framework, which is organized around policy institutions, both public and private. The volume closes with a call for new lines of research that should inform family policy scholars for years to come."--Janet Gornick, Professor of Political Science and Sociology, and Director of the Stone Center on Socio-Economic Inequality, The Graduate Center, City University of New York, USA "Featuring exciting contributors from a range of often-siloed scholarly disciplines, countries and cultures, this Handbook offers nuanced insights into how interacting societal inequality factors influence family policy enactment to reinforce or improve inequality outcomes across gender, class, and nations. It is ambitious, broad-reaching, and succeeds in providing a strategic view within and across nations to inspire thoughtful evidence-based policy implications to improve societies in the future."--Ellen Ernst Kossek, Basil S. Turner Professor of Management, Purdue University, USA This open access handbook provides a multilevel view on family policies, combining insights on family policy outcomes at different levels of policymaking: supra-national organizations, national states, sub-national or regional levels, and finally smaller organizations and employers. At each of these levels, a multidisciplinary group of expert scholars assess policies and their implementation, such as child income support, childcare services, parental leave, and leave to provide care to frail and elderly family members. The chapters evaluate their impact in improving children's development and equal opportunities, promoting gender equality, regulating fertility, productivity and economic inequality, and take an intersectional perspective related to gender, class, and family diversity. The editors conclude by presenting a new research agenda based on five major challenges pertaining to the levels of policy implementation (in particular globalization and decentralization), austerity and marketization, inequality, changing family relations, and welfare states adapting to women's empowered roles
