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European Human Rights and Family Law

European Human Rights and Family Law

Author: Shazia Choudhry; Jonathan Herring
Publisher: Hart Publishing
ISBN: 9781841131757
Published In: April 2010
Format: Paperback , 480 pages
Jurisdiction: Europe ? Disclaimer:
Countri(es) stated herein are used as reference only

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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 minimized 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:: Chapter 1: An introduction to the ECHR; Chapter 2: The concepts of rights and welfare; Chapter 3: Parenthood and parental rights; Chapter 4: Children's rights; Chapter 5: Disputes over the child's upbringing; Chapter 6: The private ordering of family disputes; Chapter 7: Child Protection; Chapter 8: Adoption; Chapter 9: Domestic Violence; Chapter 10: Marriage, Cohabitation and Civil Partnerships; Chapter 11: Property Disputes between separating couples

Shazia Choudhry is a Senior Lecturer in Law at Queen Mary College, University of London
Jonathan Herring is a Fellow at Exeter College, Oxford and Lecturer in Law at Oxford University.

As a one-stop reference for the law on human rights as it impacts on family law this book excells.... [an] excellent book
Geraldine Morris
New Law Journal
September 2010

The book's academic strength will, above all, appeal to legal experts and those navigating the complex cartography of jurisprudence in European family law.
NDu
Agence Europe
March 2010