| Title : | European human rights and family law | | Material Type: | printed text | | Authors: | Jonathan Herring, Author ; Shazia Choudhry, Author | | Publisher: | Oxford : Hart | | Publication Date: | 2010 | | Pagination: | xxxviii, 442 p. | | Size: | 24 cm | | ISBN (or other code): | 978-1-84113-175-7 | | General note: | Includes index (p. 436-442) | | Languages : | English (eng) Original Language : English (eng) | | Descriptors: | Civil rights
Domestic relations
Europe
Great Britain
Human rights
| | Class number: | 346.015 | | Abstract: | This book examines the potential impact of human rights in the way the law interacts with families. Traditionally family law has been dominated by consequentialist/utilitarian themes. The most notable example of this occurs in the law relating to children and the employment of the "welfare principle". This requires the court to focus on the welfare of the child as the paramount consideration. Hitherto the courts and, to a certain extent, family law academics, have firmly rejected the use of the language of rights, preferring the discretion and child-centred focus of welfare. However, the incorporation of the European Convention on Human Rights via the Human Rights Act now requires family law to deal more clearly with the competing rights that family members can hold. In addition, it is clear that, to date, the courts have largely ignored or minimised the different demands that the HRA imposes on the judiciary and, in particular, judicial reasoning. This book challenges that view and suggests ways in which the family courts may improve their reasoning in this field. No longer can cases be dealt with on the basis of a simple utilitarian calculation of what is in the best interests of the child and other family members - greater transparency is required.
The book clarifies the different rights that family members can hold and, in particular, identifies ways in which it may be possible to deal with the clash of rights between family members that will inevitably occur. Whether this requires an abandonment of the utilitarian nature of family law, or a reworking of it, is a theme that runs throughout the book. | | Contents note: | The European Convention on Human Rights and family law; The Human Rights Act : scheme, principles and implementation; Human rights in family law
Marriage; Parenthood and parental rights : intention, family life and the parent; Children's rights; Private law children cases : a rights perspective; Human rights and child protection; Domestic violence : the extent of the problem and the recognition and use of a human rights discourse; Financial disputes and human rights; Concluding thoughts | | Record link: | https://library.seeu.edu.mk/index.php?lvl=notice_display&id=22246 |
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