The legitimacy of family rights in Strasbourg case law : "living instrument" or extinguished sovereignty? / Carmen Draghici.

Format:

Book

Author/Creator:

Draghici, Carmen, author.

Series:

Modern studies in European law ; v. 62.

Modern studies in European law ; v. 62

Language:

English

Subjects (All):

European Court of Human Rights.

Domestic relations--Europe--Cases.

Domestic relations.

Physical Description:

1 online resource (455 pages).

Place of Publication:

Oxford ; Portland, Oregon : Hart Publishing, an imprint of Bloomsbury Publishing Plc, 2016.

Summary:

"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."--Bloomsbury Publishing.

Contents:

Introduction

The formalisation and dissolution of intimate relationships

Protection of de facto families: cohabitation and illegitimate filiation

The right (not) to become a parent: from assisted reproduction to adoptive filiation

The impact of sexual orientation and gender identity on family rights

Conflicts of rights between family members

Family autonomy, public interest and legitimate state intervention

Cross-border families, human rights and immigration barriers

Conclusions.

Notes:

Includes index.

Includes bibliographical references and index.

ISBN:

9781509928910

150992891X

9781509905287

1509905286

OCLC:

977449217