This volume contains an edited selection of the papers by contributors from around the world delivered at the 10th World Conference of the International Society of Family Law. The papers cover three broad themes: innovations in processes for resolving and determining family disputes; changing patterns in family and professional practices; and the political and other pressures operating on family law systems and law reform processes.
This book includes some of the papers presented and discussed at the European Regional Conference of the International Society of Family Law (ISFL), held in Tossa de Mar and Girona on the 9th and 10th of October 2003.\n
Contents: Human rights as the foundation of society--Family life and human rights--Human rights as a basis for the harmonisation of family law?--Equality within the family under American Constitutional law--Striking a balance between parental religious freedom and the rights and best interests of children--A human right to reproduce non-coitally? A comment on the Austrian Constitutional Court's judgment of 14 October 1999--"It's a wise man (sic) who knows his own father..." - fatherhood's 'human right' recognised: The unmarried father and English law--How much does legal status matter?--Can Scotland's children's hearing system survive ECHR?--Reflections on some important judgments of the European Court of Human Rights regarding family life--The human genome and human rights--Discrimination against women--Personal rights and human rights--Baby rape--Human rights, pluralism, and family law--Family life and human rights protected by ISS--Droits de l'homme et familles musulmanes en Europe: Quel equilibre pour quels droits?--Le partage des responsabilites parentales apres une rupture: Role et limites du droit--The right to be human--Human rights and ethical dilemmas of family law--Family life and transsexuals--The teaching of religion in primary and secondary schools in Norway--Making decisions on behalf of mentally incapacitated adults in Japan: Terminal patients' human rights and guardianship for adults--La prise en compte du point de vue de l'enfant don't la garde est contestee--Equality within the family: A view from Russia--Effective protection of children's rights in family cases: An international approach--The effect of the South African Bill of Rights on the rights of children in customary law--Assisted reproduction and human rights in Greece--Judicial and administrative interventions in legal relations between parents and children: Parental rights with special intention of protecting the child's best interests--Children's right to be heard--"Honour killings" and their export to the West--International protection of women's rights and the newly revised Chinese marriage law--The child's right to birth registration--Human rights in child protection: Emergency action and it's impact--Family law, human rights and judicial review in Europe--State intervention and "new families" in Italian law: "Coming back to the past" shifting from status to contract?--Covered yet exposed--Family law and equality - contribution of the matrimonial regimes to equality between the spouses - the Portuguese example--Children and religious freedom--To what "marriage" do we have a right?--The Care Standards Tribunal of England and Wales: A contribution to human rights--The clash of the right to identity of adoptive children vs. the right of privacy of the biological parents--Le droit de connaitre ses origines et la cour Europeenne des droit de l'homme: L'affaire odievre contre France--Ethics, parenthood and human rights--Children of our time--Legal provisions that allow women to give birth anonymously - apt to be exported from France to Germany?--The 1980 Hague Child Abduction Convention and the European Convention on Human Rights--The Hague Child Abduction Convention and the United Nations Convention on the Rights of the Child--Child protection in Europe--Law, relational ethics and the resolution of custody and access disputes--Embracing new family forms, entrenching outmoded stereotypes: Building the rainbow nation 801 Some reflections on the position of a deceived wife in a dualistic system of matrimonial property law--The European Draft Protocol on Biomedical Research--The Charter of Fundamental Rights of the European Union and sexual orientation--Can one choose one's own sex?--Rights or duties: The parents' views and the arguments of the court in parent.
This comprehensive volume illustrates that the demands made on modern family and child law in industrialised nations are also shaped by the respective cultural background. This holds true also with respect to related questions such as the basic conditions guaranteed by the general public. The question which risks are to be considered as private and / or public is of overall importance in times when society is changing rapidly and is facing a global crisis. ISSUES AND OBJECTIVES OF RESEARCH Contributions from various European States as well as from China, Japan, South Korea, South Africa, North and South America and Israel develop different approaches to the following vital questions of today:Marriages with migration background, patchwork families, support/ alimony, division of matrimonial property, choice of domicile and related financial aspects of transfer of financial and other contributions and of goods within the family as well as from third parties to the family and from the family to third parties. Such transfers as well as transfer costs are highlighted, and their reasonableness in a modern society critically appraised. Many contributions demonstrate that the aim of the law and / or private agreements may not always be achieved. This volume is recommended to academics and practitioners who share the interest in different approaches stemming from other legal systems and cultures, to help them reflect on similar questions and problems at home.
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