دانلود کتاب The Legitimacy of Family Rights in Strasbourg Case Law: ‘Living Instrument’ or Extinguished Sovereignty?

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Acknowledgements\nContents\nTable of Cases\nIntroduction\n I. The Limits of Interpretation of Human Rights Treaties\n II. Constitutional and International Tribunals: Legitimacy and Methods\n III. The Court\"s Interpretive Repertoire\n IV. An Elastic Notion of \"Family\"\n V. Towards a Taxonomy of Family Rights\n VI. \"Evolutive\" or Ultra Vires?\n1\n The Formalisation and Dissolution of Intimate Relationships\n I. Introductory Remarks\n II. Civil Effects of Religious Celebration and Guarantees against Child Marriages\n III. Objectionable Unions? Prohibited Relations and Sham Marriages\n IV. Polygamous Marriage between Cultural Relativism and Public Order\n V. Controversies Surrounding Prisoners\" Right to Marry\n VI. A Right to Divorce and Re-partnering?\n VII. Concluding Remarks\n2\n Protection of De Facto Families: Cohabitation and Illegitimate Filiation\n I. Introductory Remarks\n II. The Progressive Recognition of De Facto Couples as Protected Family Units\n III. Economic Advantages: Distinctions between Cohabitants and Spouses\n IV. The Different Treatment of Unmarried Fathers\n V. Protection of Illegitimate Children: From Legal Affiliation to Inheritance Rights\n VI. Concluding Remarks\n3\n The Right (Not) to Become a Parent: From Assisted Reproduction to Adoptive Filiation\n I. Introductory Remarks\n II. Procreative Rights: Negative and Positive Obligations for States\n III. Access to Assisted Reproduction Services and Non-genetic Attribution of Parenthood\n IV. Adoption as Social Parenthood\n V. The Right of Prisoners to Found a Family: A Non-exercisable Right?\n VI. Unwanted Parenthood and Conflicts of Rights\n VII. The Right to Parental Leave Allowance\n VIII. Concluding Remarks\n4\n The Impact of Sexual Orientation and Gender Identity on Family Rights\n I. Introductory Remarks\n II. Same-Sex Families: Coupledom and Parenting\n III. Transsexualism and Family Rights\n IV. Concluding Remarks\n5\n Conflicts of Rights between Family Members\n I. Introductory Remarks\n II. The Principle of Equality of Spouses\n III. Private Disputes over Children\n IV. The Child\"s Right to Know Their Genetic Origins\n V. Concluding Remarks\n6\n Family Autonomy, Public Interest and Legitimate State Intervention\n I. Introductory Remarks\n II. Pre-eminence of Parental Choices with Respect to the Child\"s Upbringing\n III. Hasty or Belated Removal of Children from Abusive Homes\n IV. Rights of the Natural Parents with Regard to Adoption Proceedings\n V. The Tension between the Right to Contact and Deprivation of Liberty\n VI. Concluding Remarks\n7\n Cross-border Families, Human Rights and Immigration Barriers\n I. An International Right to Family Reunification and/or Preservation of Family Unity?\n II. The Option to Continue Family Life Elsewhere: The \"Insurmountable Obstacles\" Test\n III. Irrelevance of Family Life Built on an Irregular or Temporary Immigration Status\n IV. Balancing Family Rights against the Protection of the Community\n V. The Uncertain Place of Children\"s Best Interests in Immigration Cases\n VI. The Imbalance between the Approach to Admission and Removal Cases\n VII. Concluding Remarks\nConclusions\nIndex