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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.
4. Dutch Filiation Law.
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.
The European Convention on Human Rights is the most successful system for the enforcement of human rights in the world. However, to date its full potential for protecting children’s rights has not been explored as attention has focused on the UN Convention on the Rights of the Child. This unique book provides the first analysis of the extensive case law of the Commission and the Court of Human Rights on all issues concerning children and their rights. This study is important as a study of the regional protection of children’s rights and, moreover, the case law itself can be directly applied in the legal system of nearly every European country, including the UK. The book includes chapters on the rights of the child under the European Convention on Human Rights in relation to education, protection from abuse, the right to identity, child care, juvenile justice, health care and immigration and the family. It also explores the potential of the Strasbourg mechanism for the protection of children’s rights and thus provides a practical and vital guide to the study and use of the European Convention in the broad area of children’s rights.
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 popular textbook provides a comprehensive overview of family law, along with an understanding of its context, its practical consequences, a focus on what the current debates are that surround the law, and discussion of proposals for reform. New to this edition: • Less procedural detail, more focus on current family law issues, and more commentary on and context of the law, linking to wider reading and critiques of the law • New author team provides balance between academic concepts and relevance to practice • Accessible and student-focussed, with summaries at the end of each chapter that highlight key points, as well as a companion website containing useful web links to resources: www.palgravehighered.com/law/familylaw9e Family Law is essential reading for law students taking undergraduate modules in family law and child law. Students on social work, social policy, health care and human rights courses will also find it invaluable, as will postgraduates and those studying the subject for professional purposes. Paula Davies is a Senior Lecturer in Law and the Associate Programme Head of Student Engagement (LLB and GDL programmes) at BPP University Law School in London, and a Fellow of the Higher Education Academy. Paven Basuita is a Lecturer in Law at BPP University Law School in London, a non-practising solicitor, and a Fellow of the Higher Education Academy. 'A tried and tested book which combines a wealth of theoretical knowledge and practical examples. It really brings the subject to life and is a very useful addition to the existing literature.' –Eugenia Caracciolo di Torella, University of Leicester, UK

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