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 : 456 pages
File Size : 55,9 Mb
Release : 2017-02-09
Category : Law
ISBN : 9781509905263

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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 : 45,5 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.

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 : 47,6 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.

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 : 50,8 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.

Family Life and Family Interests

Gerda A. Kleijkamp
Family Life and Family Interests Book PDF

Author : Gerda A. Kleijkamp
Publisher : Martinus Nijhoff Publishers
Page : 422 pages
File Size : 51,9 Mb
Release : 1999-09-23
Category : Political Science
ISBN : 9041111360

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Family Life and Family Interests by Gerda A. Kleijkamp Pdf

4. Dutch Filiation Law.

Family Life and Family Interests

Gerda A. Kleijkamp
Family Life and Family Interests Book PDF

Author : Gerda A. Kleijkamp
Publisher : Martinus Nijhoff Publishers
Page : 421 pages
File Size : 55,6 Mb
Release : 2023-07-03
Category : Law
ISBN : 9789004637535

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Family Life and Family Interests by Gerda A. Kleijkamp Pdf

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.

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 : 51,7 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.

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 : 329 pages
File Size : 50,8 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.

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 : 42,9 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

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 : 54,6 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.

Protecting the right to freedom of expression under the European Convention on Human Rights

Bychawska-Siniarska, Dominika
Protecting the right to freedom of expression under the European Convention on Human Rights Book PDF

Author : Bychawska-Siniarska, Dominika
Publisher : Council of Europe
Page : 124 pages
File Size : 54,9 Mb
Release : 2017-08-04
Category : Political Science
ISBN : 8210379456XXX

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Protecting the right to freedom of expression under the European Convention on Human Rights by Bychawska-Siniarska, Dominika Pdf

European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

Family Law and the Human Rights Act 1998

Heather Swindells
Family Law and the Human Rights Act 1998 Book PDF

Author : Heather Swindells
Publisher : Jordan Publishing (GB)
Page : 552 pages
File Size : 40,8 Mb
Release : 1999
Category : Law
ISBN : UOM:39015049480430

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Family Law and the Human Rights Act 1998 by Heather Swindells Pdf

This text focuses upon family law issues raised by the Human Rights Act 1998. The Act provides for the enforcement of European Convention rights directly against a public authority, 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, raising issues for family lawyers including: what implications does the Act have in relation to the disciplining of children by their parents, and to what extent does the state have a right to intervene in such matters?; can transsexuals and same-sex couples challenge existing legislation relating to marriage (and for the right to access to artificial reproduction techniques) under Article 12, which provides for the right to marry and found a family?; will Article 2, which provides for the right to life, allow challenges to the existing law on abortion?

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 : 55,5 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.

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 : 45,5 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.

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 : 49,7 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.