Same-Sex Relationships and Beyond (3rd edition)

3. Auflage 2017
ISBN: 978-1-78068-447-5
Verlag: Intersentia

Buch, Englisch, 250 Seiten, Format (B × H): 160 mm x 240 mm, Gewicht: 425 g

The legal status of lesbian, gay, bisexual and transgender (LGBT) people has undergone significant changes in several countries, but remains highly complex and difficult for those affected. Although same-sex partners may have the right to marry or enter into a registered partnership in one Member State, this legal relationship may not be recognised when they exercise their right to freedom of movement. The same is true for certain parent-child relationships, which may be recognised as such in one Member State but not another.This book explores the challenges and controversies concerning the recognition of same-sex relationships throughout the EU through the lens of EU legislation, the case law of the CJEU and ECtHR, and recent national developments. Following the Irish referendum and the recent ECtHR judgment in Oliari v Italy, more changes are expected in the near future.The opening part of the book describes the current state of play in all EU Member States (and beyond) when formalising a same-sex relationship, 'steady progress' being the key term in describing the developments in many countries (with the exception of six Eastern European states that object to legislation in this field). The second part concentrates on parenthood and children's rights, notably adoption, surrogacy, multiple parenting and the range of parenting rights for same-sex couples, transsexual and transgender people. The third part on gender identity and human rights discusses the legal aftermath of the European Court of Human Rights' judgment in Oliari, condemning Italy for failing to protect homosexuals' right to family life. Furthermore, it explains EU legislation against discrimination on grounds of sexual orientation and the challenges lesbian, gay, bisexual and transgender applicants are confronted with when reaching Europe as refugees. The book ends with a lively debate on the right to change one's legal sex and raises the fundamental question whether we still need sex as a legal category.

Autoren/Hrsg.

Boele-Woelki, Katharina

Weitere Mitwirkende

Boele-Woelki, Katharina

Fuchs, Angelika

Über Autor(innen)

Boele-Woelki, Katharina
Katharina Boele-Woelki is Professor of Private International Law, Comparative Law and Family Law at Utrecht University, The Netherlands and Extraordinary Professor at the University of the Western Cape, South-Africa. Since 2001 she has been the chair of the Commission on European Family Law which was established upon her initiative.  She is president of the Dutch Association of Family Law, member of the board of the Dutch Association of Comparative Law, and member of several editorial boards of Dutch and European and South-African law journals. She is also a member of various associations, such as the Deutsche Gesellschaft für Völkerrecht as well as the Wissenschaftliche Vereinigung für Familienrecht. Since 2003 she has been one of the editors of the European Family Law Series. In 2007 she established the Utrecht Centre for European Research into Family Law (UCERF). She is a titular member of the International Academy of Comparative Law. She has organized prestigious international conferences, delivered numerous guest lectures at various universities around the world and has acted as a reporter, speaker, expert and panel member in many international conferences. In 2011 she has been awarded an honorary doctorate from the University of Uppsala. In 2012 she has received the Anneliese Maier Forschungspreis of the Alexander von Humboldt Stiftung (Germany) for her work in the field of international and European family law. In 2013 she has been elected member of the International Advisory Board of the Alexander von Humboldt Stiftung. In 2014 she had been elected President of the International Academy of Comparative Law. 

Since 2015 she is taking on a new position as president of the Bucerius Law School.

Fuchs, Angelika
Angelika Fuchs, LL.M. is Head of Section European Private Law at the Academy of European Law (ERA) in Trier.