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The Resource The legitimacy of family rights in Strasbourg case law : "living instrument" or extinguished sovereignty?, Carmen Draghici, (electronic book)

The legitimacy of family rights in Strasbourg case law : "living instrument" or extinguished sovereignty?, Carmen Draghici, (electronic book)

Label
The legitimacy of family rights in Strasbourg case law : "living instrument" or extinguished sovereignty?
Title
The legitimacy of family rights in Strasbourg case law
Title remainder
"living instrument" or extinguished sovereignty?
Statement of responsibility
Carmen Draghici
Creator
Subject
Language
eng
Summary
"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."--Bloomsbury Publishing
Member of
Cataloging source
UtOrBLW
http://library.link/vocab/creatorName
Draghici, Carmen
Dewey number
346.2401/5
Index
index present
LC call number
KJC1105
LC item number
.D73 2016
Literary form
non fiction
Nature of contents
  • dictionaries
  • bibliography
Series statement
Modern studies in European law
Series volume
v. 62
http://library.link/vocab/subjectName
  • Domestic relations
  • European Court of Human Rights
Label
The legitimacy of family rights in Strasbourg case law : "living instrument" or extinguished sovereignty?, Carmen Draghici, (electronic book)
Instantiates
Publication
Antecedent source
unknown
Bibliography note
Includes bibliographical references and index
Contents
Introduction -- The formalisation and dissolution of intimate relationships -- Protection of de facto families: cohabitation and illegitimate filiation -- The right (not) to become a parent: from assisted reproduction to adoptive filiation -- The impact of sexual orientation and gender identity on family rights -- Conflicts of rights between family members -- Family autonomy, public interest and legitimate state intervention -- Cross-border families, human rights and immigration barriers -- Conclusions
Control code
bpp09260515
Dimensions
unknown
Extent
1 online resource (xxxii, 422 p.)
File format
unknown
Form of item
online
Isbn
9781509905256
Level of compression
unknown
Quality assurance targets
unknown
Reformatting quality
access
Reproduction note
Electronic resource.
Specific material designation
remote
Label
The legitimacy of family rights in Strasbourg case law : "living instrument" or extinguished sovereignty?, Carmen Draghici, (electronic book)
Publication
Antecedent source
unknown
Bibliography note
Includes bibliographical references and index
Contents
Introduction -- The formalisation and dissolution of intimate relationships -- Protection of de facto families: cohabitation and illegitimate filiation -- The right (not) to become a parent: from assisted reproduction to adoptive filiation -- The impact of sexual orientation and gender identity on family rights -- Conflicts of rights between family members -- Family autonomy, public interest and legitimate state intervention -- Cross-border families, human rights and immigration barriers -- Conclusions
Control code
bpp09260515
Dimensions
unknown
Extent
1 online resource (xxxii, 422 p.)
File format
unknown
Form of item
online
Isbn
9781509905256
Level of compression
unknown
Quality assurance targets
unknown
Reformatting quality
access
Reproduction note
Electronic resource.
Specific material designation
remote

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