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Fundamental Rights and Best Interest of the Child in Transnational Families

Fundamental Rights and Best Interest of the Child in Transnational Families

Author: Elisabetta Bergamini; Chiara Ragni
Publisher: Intersentia Publishers
ISBN: 9781780686653
Published In: September 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Families in Europe are increasingly shaped by the mobility of persons and multicultural backgrounds. This book is focusing on the protection of children in cross-border situations. What are the fundamental rights of children in transnational families, what is in their ‘best interest’, and how can their rights be safeguarded? There is much controversy on these rights and the accompanying uncertainty has resulted in considerable practical difficulties for those trying to implement them.

In order to provide a clearer scope and insights into the nature of children’s fundamental rights and their best interests, this book examines solutions provided by both EU and international law to the questions raised by the increasing incidence of transnational families as regards the protection of minors. It covers both substantive and conflict-of-laws rules. Differences in the substantive family laws of Member States still prevent an effective protection of the child or its family unit. This includes cases of migration, asylum, forced marriage, kafalah, but also rainbow families. Further, the role of human rights (mutual recognition of status and surrogacy agreements, adoption) and procedural rights (child abduction, Brussels II bis recast) in cross-border cases must be considered carefully.

Fundamental Rights and the Best Interest of the Child in Transnational Families is a timely work on the implementation of the child’s interests in the EU and covers the most relevant topics emerging from the rapid internationalisation of child and family law and from the increased mobility of families.

THE IMPACT OF HUMAN RIGHTS AND OF THE BEST INTERESTS OF THE CHILD ON EU FREE MOVEMENT AND MIGRATION LAW

Human Rights of Children in the EU Context: Impact on National Family Law

Protecting EU Citizen Minors’ Right to Identity in the Transnational Family Context

The Best Interests Principle’s Impact on Decisions Concerning Asylum-Seeking and Refugee Children

Human Rights and the Best Interests of the Child in European Family Reunifi cation Law

Rainbow Families and EU Free Movement Law

Kafala and Family Reunifi cation of Third-Country Nationals

Against a Girl’s Will: Child Marriages, Immigration and the Directive on Family Reunifi cation

THE BEST INTERESTS OF THE CHILD AS A CONCERN OF HUMAN RIGHTS AND EUROPEAN PRIVATE INTERNATIONAL LAW

The Place of Human Rights in the Private International Law of the Union in Family Matters

The Best Interests of the Child Principle at the Intersection of Private International Law and Human Rights

Recognition of a Foreign Status Filii: Pursuing the Best Interests Principle

Surrogacy Arrangements and the Best Interests of the Child:The Case Law of the European Court of Human Rights

Cross-Border Recognition of Adoption: Rethinking Private International Law from a Human Rights Perspective

Protecting Children’s Rights after Child Abduction: The Interaction of the CJEU and ECtHR in Interpreting Brussels II bis

Cross-Border Parental Child Abduction in the EU: Is there Room for a Human Rights Exception?

Impact of the Best Interests of the Child on the Brussels II ter Regulation

Provisional Measures and the Best Interests of the Child in the Field of Parental Responsibility

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