The Legitimacy Of Family Rights In Strasbourg Case Law

Author : Carmen Draghici
Publisher : Bloomsbury Publishing
ISBN 13 : 150990526X
Total Pages : 456 pages
Book Rating : 4.63/5 ( download)

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Download or read book The Legitimacy of Family Rights in Strasbourg Case Law written by Carmen Draghici and published by Bloomsbury Publishing. This book was released on 2017-02-09 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern family life exhibits a huge variety of new forms. Legal responses to these new forms illustrate the continuing differences between European nations. Nonetheless, the Strasbourg Court has been increasingly active in this area, which provides fertile ground for testing the legitimacy of the Court's interpretation of the European Convention on Human Rights. When national law refuses to recognize a claimed right, litigants regularly reassert that right before the Strasbourg Court. This has forced it to seek answers to complex domestic controversies, such as the legal recognition for same-sex partners and transgender persons, the ethics of adoption and reproductive rights, the legal regime for cohabitants, or the accommodation of immigrants' aspiration to family reunion. Placing family rights at the core of the judicial legitimacy debate, this book provides a critical analysis of the standards of family rights protection under the Convention. It evaluates the Court's interpretive methodology and discusses the tensions inherent in its supranational quasi-constitutional function. These include the risk of excessive deference to national authorities, at the expense of the effective enforcement of universal rights; the addition of 'new rights'; and inattention to the division of responsibilities between democratic processes within sovereign States and the subsidiary international review.

Author : Carmen Draghici
Publisher : Hart Publishing
ISBN 13 : 9781509905287
Total Pages : 422 pages
Book Rating : 4.86/5 ( download)

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Download or read book The Legitimacy of Family Rights in Strasbourg Case Law written by Carmen Draghici and published by Hart Publishing. This book was released on 2014 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Modern family life exhibits a huge variety of new forms. Legal responses to these new forms illustrate the continuing differences between European nations. Nonetheless, the Strasbourg Court has been increasingly active in this area, which provides fertile ground for testing the legitimacy of the Court's interpretation of the European Convention on Human Rights. When national law refuses to recognize a claimed right, litigants regularly reassert that right before the Strasbourg Court. This has forced it to seek answers to complex domestic controversies, such as the legal recognition for same-sex partners and transgender persons, the ethics of adoption and reproductive rights, the legal regime for cohabitants or the accommodation of immigrants' aspiration to family reunion. Placing family rights at the core of the judicial legitimacy debate, this book provides a critical analysis of the standards of family rights protection under the Convention. It evaluates the Court's interpretive methodology and discusses the tensions inherent in its supranational quasi-constitutional function. These include the risk of excessive deference to national authorities, at the expense of the effective enforcement of universal rights, the addition of 'new rights' and inattention to the division of responsibilities between democratic processes within sovereign States and the subsidiary international review."--Résumé de l'éditeur.

Author : Carmen Draghici
Publisher : Bloomsbury Publishing
ISBN 13 : 1509905278
Total Pages : 472 pages
Book Rating : 4.70/5 ( download)

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Download or read book The Legitimacy of Family Rights in Strasbourg Case Law written by Carmen Draghici and published by Bloomsbury Publishing. This book was released on 2017-02-09 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern family life exhibits a huge variety of new forms. Legal responses to these new forms illustrate the continuing differences between European nations. Nonetheless, the Strasbourg Court has been increasingly active in this area, which provides fertile ground for testing the legitimacy of the Court's interpretation of the European Convention on Human Rights. When national law refuses to recognize a claimed right, litigants regularly reassert that right before the Strasbourg Court. This has forced it to seek answers to complex domestic controversies, such as the legal recognition for same-sex partners and transgender persons, the ethics of adoption and reproductive rights, the legal regime for cohabitants, or the accommodation of immigrants' aspiration to family reunion. Placing family rights at the core of the judicial legitimacy debate, this book provides a critical analysis of the standards of family rights protection under the Convention. It evaluates the Court's interpretive methodology and discusses the tensions inherent in its supranational quasi-constitutional function. These include the risk of excessive deference to national authorities, at the expense of the effective enforcement of universal rights; the addition of 'new rights'; and inattention to the division of responsibilities between democratic processes within sovereign States and the subsidiary international review.

Author : Claire Fenton-Glynn
Publisher : Oxford University Press, USA
ISBN 13 : 0198787510
Total Pages : 465 pages
Book Rating : 4.18/5 ( download)

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Download or read book Children and the European Court of Human Rights written by Claire Fenton-Glynn and published by Oxford University Press, USA. This book was released on 2021-01-07 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive overview of the jurisprudence of the European Court of Human Rights as it relates to children. It includes detailed analysis of the Court's key decisions on children's rights, highlighting its achievements as well as offering informed critique of its ongoing weaknesses.

Author : Steven Greer
Publisher : Cambridge University Press
ISBN 13 : 1108647456
Total Pages : 562 pages
Book Rating : 4.58/5 ( download)

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Download or read book Human Rights in the Council of Europe and the European Union written by Steven Greer and published by Cambridge University Press. This book was released on 2018-03-29 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: Confusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.

Author : Kanstantsin Dzehtsiarou
Publisher : Cambridge University Press
ISBN 13 : 1107041031
Total Pages : 255 pages
Book Rating : 4.35/5 ( download)

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Download or read book European Consensus and the Legitimacy of the European Court of Human Rights written by Kanstantsin Dzehtsiarou and published by Cambridge University Press. This book was released on 2015-04-30 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most comprehensive and critical analysis of the application of European consensus by the European Court of Human Rights.

Author : Ba,sak Çal)i
Publisher : Oxford University Press, USA
ISBN 13 : 0192895192
Total Pages : 289 pages
Book Rating : 4.96/5 ( download)

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Download or read book Migration and the European Convention on Human Rights written by Ba,sak Çal)i and published by Oxford University Press, USA. This book was released on 2021-02-25 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection provides a comphrehensive analysis of how the European Convention on Human Rights protects the rights of migrants in different stages of migration, including asylum seekers, irregular migrants, and those who have migrated through domestic lawful routes.

Author : Andreas Føllesdal
Publisher :
ISBN 13 : 9781107065154
Total Pages : 441 pages
Book Rating : 4.51/5 ( download)

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Download or read book Constituting Europe written by Andreas Føllesdal and published by . This book was released on 2013 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: An assessment of the European Court of Human Rights at the national, European and international levels.

Author : Carmen Draghici
Publisher : Cambridge University Press
ISBN 13 : 1009443976
Total Pages : 343 pages
Book Rating : 4.75/5 ( download)

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Download or read book Procreative Rights in International Law written by Carmen Draghici and published by Cambridge University Press. This book was released on 2024-04-30 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Draghici contends that the advent of assisted reproductive technologies has given rise to new fundamental, albeit not unqualified, rights. They include the right to use medically assisted procreation (e.g. artificial insemination, in vitro fertilisation, potentially gamete donation, posthumous conception or surrogacy) in order to become a parent (typically where natural procreation is hindered by infertility, sexual orientation, relationship status or adverse life events), the recognition of intention-based parenthood in relation to donor-conceived children jointly planned and raised with the genetic parent, and the right to pursue the conception of a healthy child (e.g. through recourse to preimplantation genetic diagnosis and embryo selection to avoid severe illness in future offspring). To substantiate this claim, the book relies on a comprehensive analysis of international case-law on procreative autonomy, contextualised by a discussion of highly divisive bioethical controversies, from the status of embryos to the morality of genetic screening and third-party reproduction.

Author : Louwrens R. Kiestra
Publisher : Springer
ISBN 13 : 9462650322
Total Pages : 335 pages
Book Rating : 4.29/5 ( download)

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Download or read book The Impact of the European Convention on Human Rights on Private International Law written by Louwrens R. Kiestra and published by Springer. This book was released on 2014-09-11 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book the interaction between the rights guaranteed in the European Convention of Human Rights (ECHR) and private international law has been analysed by examining the case law of the European Court of Human Rights (the Court) and selected national courts. In doing so the book focuses on the impact of the ECHR on the three main issues of private international law: jurisdiction, applicable law and the recognition and enforcement of foreign judgments. Next to a list of cases consulted and a comprehensive bibliography, the book offers brief introductions to PIL and the ECHR for readers who are less familiar with either of the topics. This makes the book not only a valuable tool for specialists and practitioners in the fields covered, but at the same time a well-documented basis for students and starting researchers specializing in either or both directions.