The Legitimacy Of Family Rights In Strasbourg Case Law

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The Legitimacy of Family Rights in Strasbourg Case Law

Carmen Draghici
The Legitimacy of Family Rights in Strasbourg Case Law Book PDF

Author : Carmen Draghici
Publisher : Bloomsbury Publishing
Page : 472 pages
File Size : 40,5 Mb
Release : 2017-02-09
Category : Law
ISBN : 9781509905270

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The Legitimacy of Family Rights in Strasbourg Case Law by Carmen Draghici Pdf

Modern family life exhibits a huge variety of new forms. Legal responses to these new forms illustrate the continuing differences between European nations. Nonetheless, the Strasbourg Court has been increasingly active in this area, which provides fertile ground for testing the legitimacy of the Court's interpretation of the European Convention on Human Rights. When national law refuses to recognize a claimed right, litigants regularly reassert that right before the Strasbourg Court. This has forced it to seek answers to complex domestic controversies, such as the legal recognition for same-sex partners and transgender persons, the ethics of adoption and reproductive rights, the legal regime for cohabitants, or the accommodation of immigrants' aspiration to family reunion. Placing family rights at the core of the judicial legitimacy debate, this book provides a critical analysis of the standards of family rights protection under the Convention. It evaluates the Court's interpretive methodology and discusses the tensions inherent in its supranational quasi-constitutional function. These include the risk of excessive deference to national authorities, at the expense of the effective enforcement of universal rights; the addition of 'new rights'; and inattention to the division of responsibilities between democratic processes within sovereign States and the subsidiary international review.

The Legitimacy of Family Rights in Strasbourg Case Law

Carmen Draghici
The Legitimacy of Family Rights in Strasbourg Case Law Book PDF

Author : Carmen Draghici
Publisher : Hart Publishing
Page : 422 pages
File Size : 52,8 Mb
Release : 2014
Category : Domestic relations
ISBN : 1509905286

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The Legitimacy of Family Rights in Strasbourg Case Law by Carmen Draghici Pdf

"Modern family life exhibits a huge variety of new forms. Legal responses to these new forms illustrate the continuing differences between European nations. Nonetheless, the Strasbourg Court has been increasingly active in this area, which provides fertile ground for testing the legitimacy of the Court's interpretation of the European Convention on Human Rights. When national law refuses to recognize a claimed right, litigants regularly reassert that right before the Strasbourg Court. This has forced it to seek answers to complex domestic controversies, such as the legal recognition for same-sex partners and transgender persons, the ethics of adoption and reproductive rights, the legal regime for cohabitants or the accommodation of immigrants' aspiration to family reunion. Placing family rights at the core of the judicial legitimacy debate, this book provides a critical analysis of the standards of family rights protection under the Convention. It evaluates the Court's interpretive methodology and discusses the tensions inherent in its supranational quasi-constitutional function. These include the risk of excessive deference to national authorities, at the expense of the effective enforcement of universal rights, the addition of 'new rights' and inattention to the division of responsibilities between democratic processes within sovereign States and the subsidiary international review."--Résumé de l'éditeur.

Procreative Rights in International Law

Carmen Draghici
Procreative Rights in International Law Book PDF

Author : Carmen Draghici
Publisher : Cambridge University Press
Page : 343 pages
File Size : 53,9 Mb
Release : 2024-04-30
Category : Law
ISBN : 9781009443975

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Procreative Rights in International Law by Carmen Draghici Pdf

Draghici contends that the advent of assisted reproductive technologies has given rise to new fundamental, albeit not unqualified, rights. They include the right to use medically assisted procreation (e.g. artificial insemination, in vitro fertilisation, potentially gamete donation, posthumous conception or surrogacy) in order to become a parent (typically where natural procreation is hindered by infertility, sexual orientation, relationship status or adverse life events), the recognition of intention-based parenthood in relation to donor-conceived children jointly planned and raised with the genetic parent, and the right to pursue the conception of a healthy child (e.g. through recourse to preimplantation genetic diagnosis and embryo selection to avoid severe illness in future offspring). To substantiate this claim, the book relies on a comprehensive analysis of international case-law on procreative autonomy, contextualised by a discussion of highly divisive bioethical controversies, from the status of embryos to the morality of genetic screening and third-party reproduction.

Right Respect Private Family Life Home

Heikkila HIRVELA,Päivi Hirvelä,Satu Heikkilä
Right Respect Private Family Life Home Book PDF

Author : Heikkila HIRVELA,Päivi Hirvelä,Satu Heikkilä
Publisher : Unknown
Page : 0 pages
File Size : 49,6 Mb
Release : 2022-10-21
Category : Electronic
ISBN : 1839702745

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Right Respect Private Family Life Home by Heikkila HIRVELA,Päivi Hirvelä,Satu Heikkilä Pdf

This book provides a comprehensive, detailed and up-to-date account of Strasbourg case-law on Article 8 of the European Convention on Human Rights. It focuses on the Court's most important cases on private and family life, home and correspondence, which have been selected following the Court's Jurisconsult's opinion of their jurisprudential interest.

The Impact of the European Convention on Human Rights on Private International Law

Louwrens R. Kiestra
The Impact of the European Convention on Human Rights on Private International Law Book PDF

Author : Louwrens R. Kiestra
Publisher : Springer
Page : 335 pages
File Size : 55,8 Mb
Release : 2014-09-11
Category : Law
ISBN : 9789462650329

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The Impact of the European Convention on Human Rights on Private International Law by Louwrens R. Kiestra Pdf

In this book the interaction between the rights guaranteed in the European Convention of Human Rights (ECHR) and private international law has been analysed by examining the case law of the European Court of Human Rights (the Court) and selected national courts. In doing so the book focuses on the impact of the ECHR on the three main issues of private international law: jurisdiction, applicable law and the recognition and enforcement of foreign judgments. Next to a list of cases consulted and a comprehensive bibliography, the book offers brief introductions to PIL and the ECHR for readers who are less familiar with either of the topics. This makes the book not only a valuable tool for specialists and practitioners in the fields covered, but at the same time a well-documented basis for students and starting researchers specializing in either or both directions.

Children and the European Court of Human Rights

Claire Fenton-Glynn
Children and the European Court of Human Rights Book PDF

Author : Claire Fenton-Glynn
Publisher : Oxford University Press, USA
Page : 465 pages
File Size : 41,6 Mb
Release : 2021-01-07
Category : Law
ISBN : 9780198787518

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Children and the European Court of Human Rights by Claire Fenton-Glynn Pdf

This book provides a comprehensive overview of the jurisprudence of the European Court of Human Rights as it relates to children. It includes detailed analysis of the Court's key decisions on children's rights, highlighting its achievements as well as offering informed critique of its ongoing weaknesses.

European Consensus and the Legitimacy of the European Court of Human Rights

Kanstantsin Dzehtsiarou
European Consensus and the Legitimacy of the European Court of Human Rights Book PDF

Author : Kanstantsin Dzehtsiarou
Publisher : Cambridge University Press
Page : 255 pages
File Size : 42,7 Mb
Release : 2015-04-30
Category : Law
ISBN : 9781107041035

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European Consensus and the Legitimacy of the European Court of Human Rights by Kanstantsin Dzehtsiarou Pdf

The most comprehensive and critical analysis of the application of European consensus by the European Court of Human Rights.

Article 8 ECHR, Family Reunification and the UK’s Supreme Court

Helena Wray
Article 8 ECHR Family Reunification and the UK s Supreme Court Book PDF

Author : Helena Wray
Publisher : Bloomsbury Publishing
Page : 273 pages
File Size : 43,7 Mb
Release : 2023-02-09
Category : Law
ISBN : 9781509902590

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Article 8 ECHR, Family Reunification and the UK’s Supreme Court by Helena Wray Pdf

How do courts reconcile protecting family life with immigration control in human rights cases? This book addresses that question through an analysis of 11 UK Supreme Court decisions on immigration and family life, mostly focusing on Article 8 ECHR, the right to respect for family life, and starting with Huang v SSHD in 2007. The analysis is set against a national context that includes the Human Rights Act 1998 and regular controversies over immigration. The book explains how the European Court of Human Rights jurisprudence has developed in recent years, but, particularly in the absence of children, it often still awards little weight to claims by citizens and residents to be joined by family when immigration status is an issue. This reflects governments' resistance to encroachment on their control over borders. The Supreme Court decisions show that, despite powers conferred by the Human Rights Act, a more nuanced position in domestic law was difficult to articulate and sustain. The book explores the way in which these problems were reflected in the changing language, argumentation, and structure of judgments. These problems revealed judges to be strategic actors drawing on personal and institutional values and responding to the shifting political context. A more generous reading of Article 8 would be legally coherent but needs wider societal support to be realisable. The book ends with a discussion of how, if such support were present, the jurisprudence could give more weight to the needs of families. It is vital reading for anyone interested in families and immigration, and in the problems and potential of human rights adjudication.

Human Rights in the Council of Europe and the European Union

Steven Greer,Janneke Gerards,Rose Slowe
Human Rights in the Council of Europe and the European Union Book PDF

Author : Steven Greer,Janneke Gerards,Rose Slowe
Publisher : Cambridge University Press
Page : 561 pages
File Size : 48,8 Mb
Release : 2018-03-29
Category : Law
ISBN : 9781107025509

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Human Rights in the Council of Europe and the European Union by Steven Greer,Janneke Gerards,Rose Slowe Pdf

Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms

The Migration Conference 2020 Book of Abstracts and Programme

The Migration Conference Team
The Migration Conference 2020 Book of Abstracts and Programme Book PDF

Author : The Migration Conference Team
Publisher : Transnational Press London
Page : 216 pages
File Size : 50,8 Mb
Release : 2020-09-03
Category : Law
ISBN : 9781912997381

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The Migration Conference 2020 Book of Abstracts and Programme by The Migration Conference Team Pdf

This is the book of abstracts for the Migration Conference 2020, 8 to 11 September. We’re pleased to welcome you to the 8th Migration Conference. The Migration Conference 2020 is held online via Microsoft Teams platform due to COVID-19 Pandemic restrictions. We have as usual covering a wide array of topics in this year’s edition too. There are about 350 presentations and debates running over 4 days from 8th to 11th September 2020. We have tried to address the time zone differences by moving sessions towards mid-day and grouping presentations, where possible, according to time zones. However, we believe this is not perfect to accommodate hundreds of colleagues from Brazil to Japan, and Australia to Canada. PLEASE NOTE all times are GMT+1 British Summer Time (BST). MS Teams will normally show the times according to your computers local time. Our all-women keynote speakers line up this year features Nissa Finney, Jelena Dzankic, Martina Cvajner, Elli Heikkila, Agnes Igoye, and Helén Nilsson. Although the main language of the conference is English, this year we will have linguistic diversity as usual and there will also be some sessions in Spanish and Turkish. We thank all participants, invited speakers and conference committees for their efforts and contribution. We are particularly grateful to hundreds of colleagues who served as reviewers and helped the selection process.

Fifty Years of the Divorce Reform Act 1969

Joanna Miles,Daniel Monk,Rebecca Probert
Fifty Years of the Divorce Reform Act 1969 Book PDF

Author : Joanna Miles,Daniel Monk,Rebecca Probert
Publisher : Bloomsbury Publishing
Page : 455 pages
File Size : 52,9 Mb
Release : 2022-02-24
Category : Law
ISBN : 9781509947898

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Fifty Years of the Divorce Reform Act 1969 by Joanna Miles,Daniel Monk,Rebecca Probert Pdf

The enactment of the Divorce Reform Act 1969 was a landmark moment in family law. Coming into force in 1971, it had a significant impact on legal practice and was followed by a dramatic increase in divorce rates, reflecting changes in social attitudes. This new interdisciplinary collection explores the background to the 1969 Act and its influence on law and society. Bringing together scholars from law, sociology, history, demography, and film and literature, it reflects on the changes to divorce law and practice over the past 50 years, and the changing impact of divorce on different people in society, particularly women. As such, it offers a 'biography' of this important piece of legislation, moving from its conception and birth, through its reception and development, to its imminent demise. Looking to the future, and to the new law introduced by the Divorce, Dissolution and Separation Act 2020, this collection suggests ways for evaluating what makes a 'good' divorce law. This brilliant collection gives insight not only into this crucial piece of legislation, but also into a key period of societal change.

Migration and the European Convention on Human Rights

Ba,sak Çal)i,Ledi Bianku,Iulia Motoc
Migration and the European Convention on Human Rights Book PDF

Author : Ba,sak Çal)i,Ledi Bianku,Iulia Motoc
Publisher : Oxford University Press, USA
Page : 289 pages
File Size : 52,5 Mb
Release : 2021-02-25
Category : Law
ISBN : 9780192895196

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Migration and the European Convention on Human Rights by Ba,sak Çal)i,Ledi Bianku,Iulia Motoc Pdf

This edited collection provides a comphrehensive analysis of how the European Convention on Human Rights protects the rights of migrants in different stages of migration, including asylum seekers, irregular migrants, and those who have migrated through domestic lawful routes.

Grandparents and the Law

Samantha M Davey,Jaime Lindsey
Grandparents and the Law Book PDF

Author : Samantha M Davey,Jaime Lindsey
Publisher : Bloomsbury Publishing
Page : 253 pages
File Size : 53,9 Mb
Release : 2023-05-18
Category : Law
ISBN : 9781509953431

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Grandparents and the Law by Samantha M Davey,Jaime Lindsey Pdf

Should grandparents have rights in relation to their grandchildren? If so, what should the content of those rights be, both procedurally and substantively? And what is the appropriate role of the law in providing solutions to problems arising in the context of grandparents' rights? This book considers these questions from both a public and a private law perspective, and analyses the human rights implications for parties such as children, parents and grandparents. It also explores the topic of grandparents' rights in the context of the European Convention on Human Rights and the United Nations Convention on the Rights of the Child, as well as in other jurisdictions, such as Iran, France and Nepal. The book argues that grandparents' rights have so far received insufficient acknowledgement and, consequently, that relationships between grandparents and grandchildren have received insufficient protection. However, it is crucial that the protection of grandparents' rights is balanced with the rights of parents and the rights and welfare of children; the book considers how best to achieve this, for example in disputes on child arrangements (i.e. residence and contact), child protection matters and in adoption cases. The book is of particular interest to all academics seeking a clear framework for the protection of grandparents' rights in private and public law proceedings.

Can We Still Afford Human Rights?

Jan Wouters,Koen Lemmens,Thomas Van Poecke,Marie Bourguignon
Can We Still Afford Human Rights Book PDF

Author : Jan Wouters,Koen Lemmens,Thomas Van Poecke,Marie Bourguignon
Publisher : Edward Elgar Publishing
Page : 368 pages
File Size : 42,7 Mb
Release : 2020-10-30
Category : Political Science
ISBN : 9781839100321

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Can We Still Afford Human Rights? by Jan Wouters,Koen Lemmens,Thomas Van Poecke,Marie Bourguignon Pdf

This insightful book offers a critical reflection on the sustainability and effectiveness of the Universal Declaration of Human Rights (UDHR) and its legacy over the last 70 years. Exploring the problems surrounding universality, proliferation and costs, it asks the provocative question, can we still afford human rights?

British and Canadian Public Law in Comparative Perspective

Ian Loveland
British and Canadian Public Law in Comparative Perspective Book PDF

Author : Ian Loveland
Publisher : Bloomsbury Publishing
Page : 368 pages
File Size : 44,9 Mb
Release : 2021-04-22
Category : Law
ISBN : 9781509931118

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British and Canadian Public Law in Comparative Perspective by Ian Loveland Pdf

This book explores current human rights controversies arising in UK law, in the light of the way such matters have been dealt with in Canada. Canada's Charter of Rights predates the United Kingdom's Human Rights Act by some 20 years, and in the 40 years of the Charter's existence, Canada's Supreme Court has produced an increasingly sophisticated body of public law jurisprudence. In its judgments, it has addressed broad questions of constitutional principle relating to such matters as the meaning of proportionality, the 'horizontal' impact of human rights norms, and the proper role of judicial 'dereference' to legislative decision-making. The court has also considered, more narrowly, specific issues of political controversy such as assisted dying, voting rights for prisoners, the wearing of religious symbols, parental control of their children's upbringing, the law regulating libel actions brought by politicians, pornography and labour rights. All of these issues are discussed in the book. The contributions to this volume provide detailed analyses of such broad and narrow matters in a comparative perspective, and suggest that the United Kingdom's public law jurisprudence and scholarship might benefit substantially from a closer engagement with their Canadian counterparts.