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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.
The Human Rights Act 1998 provides, for the first time, for the enforcement of the European Convention on Human Rights against a public authority directly, 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. Implementation of the Act will throw up a number of important issues for family lawyers, who must understand the scope of the Act or risk exposure to possible negligence claims. Family Law and the Human Rights Act 1998 explains the family-law related aspects of the Act and assesses the implications of the Act to family lawyers.
Is the unification and harmonisation of (international) family law in Europe necessary? Is it feasible, desirable and possible? Reading the different contributions to this book may certainly inspire those who would like to find the right answers to these questions.
This four-volume set maps the emerging European family law. It is intended to serve as a resource for anyone interested in this area of law, as well as a basis for teaching on comparative and international family law courses. The first volume examines t
This text considers the developing law in England and Wales as it applies to the burgeoning and confusing subject of the rights of children. It examines the extent to which the emerging legal principles can be harnessed to fulfil those rights.
Offers a comprehensive overview of the key issues facing family law globally, and explores how different countries have tackled them.
4. Dutch Filiation Law.

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