International Conceptions of the Family

Banda, Fareda; Eekelaar, John

doi:10.1017/s0020589317000288

Cited by 13 publications

(7 citation statements)

References 8 publications

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“…"The legal understanding of the concept of "family" follows the changes in society and culture, so when the international courts and bodies interpret it, a number of factors have been considered. In terms of children-adult relationships, the most common are presented as follows -formally constituted relationship (formal institutional act like marriage), blood relationships, and personal relationships (Banda,Eekelaar 2017).…”

Section: Theoretical Background Notion and Models Of Alternative Care...mentioning

confidence: 99%

Untitled

2022

SPM

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Drawing on the theory of political myths and qualitative source analysis, this article compares political mythologies created by the presidents of Poland and Argentina. The main argument is that they struck populist notes by using conspiracy, saviour, unity, and golden age myths to legitimize government policies during the pandemic. The crisis gave rise to a search for legitimacy for anti-democratic measures limiting pluralism. These leaders persuaded their supporters to respect political changes which facilitate a gradual weakening of democratic institutions in the service of weathering the crisis. The study contributes to our understanding of the presidents' engagement in institutional change.

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Section: Theoretical Background Notion and Models Of Alternative Care...mentioning

confidence: 99%

Untitled

2022

SPM

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“…45 The more recent development of civil registration frameworks reflects the profound influence of human rights law and norms of non-discrimination on concepts of the family. 46 Civil registration laws encode the social acceptance (or not) of same-sex partnerships and parenting, 47 or the right of indigenous peoples to self-identify. 48 The legal identity field is vastly complicated by these sensitivities and differences of legal approach.…”

Section: Civil Registration and Conflicts Of Lawmentioning

confidence: 99%

‘Legal Identity for All’ and Statelessness: Opportunity and Threat at the Junction of Public and Private International Law

Manby

2020

SSRN Journal

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This article considers the impact of Target 16.9 of the Sustainable Development Goals ('SDGs'), 'to provide legal identity for all, including birth registration' on the objective of eradicating statelessness. This SDG Target has given a significant boost to initiatives for the strengthening of civil registration and identification systems, supported by the United Nations and World Bank. Yet its impact on the resolution of statelessness is not clear, because of the immense complexity of the definition of 'legal identity'. Proposed definitions, adopted after the target was established, fail to take on board the challenges involved in cross-border recognition of civil status documents and the determination of nationality of a child for parents who hold no documents. The article concludes that SDG Target 16.9 is both an opportunity and a threat. If the objective of providing universal 'legal identity' is to have a positive impact for stateless persons there is a need for new engagement with the regulation of civil status in private international law, and new insistence in public international law on legal frameworks that facilitate recognition and registration of the different elements of a person's identity, including nationality, even and especially where they are officially in doubt. Short cuts in this process risk long delays.

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“…Family as a concept, including the right to respect for family life, is present in many international human rights instruments (Banda and Eekelaar, 2017). There are two main sources of children's rights for the Member States of the Council of Europe: the echr and the crc.…”

Section: The Concept Of Family In Jurisprudencementioning

confidence: 99%

Family Life for Children in State Care

Breen

Krutzinna

Luhamaa

et al. 2020

Int. J. Child. Rights

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This paper examines what set of familial circumstances allow for the justifiable interference with the right to respect for family life under Article 8, echr. We analyse all the Courts’ judgments on adoptions from care to find out what the Court means by a “family unit” and the “child´s best interest”. Our analysis show that the status and respect of the child’s de facto family life is changing. This resonates with a view that children do not only have formal rights, but that they are recognised as individuals within the family unit that states and courts must address directly. Family is both biological parents and child relationships, as well between children and foster parents, and to a more limited extent between siblings themselves. The Court’s understanding of family is in line with the theoretical literature, wherein the concept of family reflects the bonds created by personal, caring relationships and activities.

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International Conceptions of the Family

Cited by 13 publications

References 8 publications

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‘Legal Identity for All’ and Statelessness: Opportunity and Threat at the Junction of Public and Private International Law

Family Life for Children in State Care

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