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Family Forms and Parenthood: Theory and Practice of Article 8 ECHR in Europe

Edited by: Andrea Buchler, Helen Keller

ISBN13: 9781780683409
Published: May 2016
Publisher: Intersentia Publishers
Country of Publication: UK
Format: Paperback
Price: £91.00



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The European Convention on Human Rights has always had a significant influence on the development of family law in the different European national jurisdictions. However, at a time where family forms have been subject to a profound transformation characterised by the coexistence of a variety of family forms and where, at the same time, national family laws are converging, it is essential to properly understand the ECHR’s influence on national family law. This book explains and analyses in depth the theory and practice of Article 8 ECHR with respect to family forms and parenthood. It examines how judgments of the ECtHR are received and implemented in a variety of Contracting States (Austria, Croatia, England and Wales, Germany, Greece, Hungary, the Netherlands, Poland, Spain, Sweden, and Switzerland) and how the judgments contribute to the shaping of domestic and European family law. Family Forms and Parenthood concludes with a detailed reflection on the relationship between the case law of the ECtHR and developments in national family law and jurisprudence.

This is book is written for both the academic and professional readership.

Subjects:
Human Rights and Civil Liberties, Family Law
Contents:
PART I. INTRODUCTION
Article 8 in the System of the Convention (p.
1)
The Right to Respect for Private and Family Life (p.
29)

PART II. NATIONAL REPORTS
Austria (p.
61)
Croatia (p.
125)
England and Wales (p.
145)
Germany (p.
201)
Greece (p.
237)
Hungary (p.
261)
The Netherlands (p.
283)
Poland (p.
341)
Spain (p.
379)
Sweden (p.
425)
Switzerland (p.
457)

PART III. CONCLUSIONS
Synthesis (p.
499)