The legitimacy of family rights in Strasbourg case law : "living instrument" or extinguished sovereignty? / Carmen Draghici.
2016
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Details
Author
Title
The legitimacy of family rights in Strasbourg case law : "living instrument" or extinguished sovereignty? / Carmen Draghici.
Imprint
Oxford ; Portland, Oregon : Hart Publishing, an imprint of Bloomsbury Publishing Plc, 2016.
Description
1 online resource (xxxii, 422 p.)
Series
Modern studies in European law ; v. 62.
Formatted Contents Note
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.
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.
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.
Bibliography, etc. Note
Includes bibliographical references and index.
Available Note
Also issued in print.
Location
www
Available in Other Form
Original
Linked Resources
Alternate Title
Bloomsbury Collections
Language
English
Reproduction
Electronic reproduction. London : Bloomsbury Publishing, 2014. Available via World Wide Web. Access limited by licensing agreement.
ISBN
9781509905287 online
9781509905256 hardback
9781509905270 electronic book
9781509905263 PDF
9781509905256 hardback
9781509905270 electronic book
9781509905263 PDF
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