This book tackles one of the most topical socio-legal issues of today: how the law - in particular, the European Court of Human Rights - is responding to shifting practices and ideas of fatherhood in a world that offers radical possibilities for the fragmentation of the conventional father figure and therefore urges decisions upon what kind of characteristics makes someone a legal father. It explores the Court's reaction to changing family and, more specifically, fatherhood realities. In so doing, it engages in timely conversations about the rights and responsibilities of men as fathers. By tracing values and assumptions underpinning the Court's views on fatherhood, this book contributes to highlight the expressive powers of the ECtHR and, more specifically, the latter's role in producing and legitimising ideas about parenting and, more generally, in influencing how family life is regulated and organised.
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Introduction; 1. Fatherhood and the law in Europe; 2. The ECtHR and fatherhood: limits and potential; 3. Fatherhood and assisted reproduction; 4. Post-separation and unmarried fatherhood; 5. Fatherhood and family-work reconciliation; 6. Fatherhood and homosexuality; 7. Fatherhood at the ECtHR.
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'To my taste, this book is an exemplary piece of scholarship. It provides a nuanced critical analysis of case law of the European Court of Human Rights, focused on its construction of fatherhood. In doing so, the book simultaneously offers theoretical depth and the solid grounding in realities that is characteristic of excellent socio-legal scholarship. A valuable addition to human rights law, family law, and law and gender studies.' Eva Brems, Universiteit Gent
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Explores the ECtHR's understanding of what it means to be a 'father' and the role of doctrines of interpretation.

Produktdetaljer

ISBN
9781108475099
Publisert
2019-11-28
Utgiver
Vendor
Cambridge University Press
Vekt
410 gr
Høyde
235 mm
Bredde
156 mm
Dybde
16 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
214

Forfatter

Biographical note

Alice Margaria is a Research Fellow in the Law and Anthropology Department of the Max-Planck-Institut für ethnologische Forschung. She holds a Ph.D. in Law from the European University Institute, Florence. Her previous book Nuove forme di filiazione e genitorialità: leggi e giudici di fronte alle nuove realtà (2018) explores the role of national judges in bridging the gap between the social and the legal realities of families created via assisted reproduction, from a comparative perspective. She was invited as a visiting scholar at various institutions, such as Emory University, Atlanta, and Lunds universitet. She also worked with international organisations, including the UNICEF Office of Research.