Margaria The Construction of Fatherhood

The Jurisprudence of the European Court of Human Rights
Erscheinungsjahr 2019
ISBN: 978-1-108-59682-4
Verlag: Cambridge University Press
Format: PDF
Kopierschutz: Adobe DRM (»Systemvoraussetzungen)

E-Book, Englisch

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.

Autoren/Hrsg.

Margaria, Alice

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtssoziologie, Rechtspsychologie, Rechtslinguistik

Inhaltsverzeichnis

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.

Über Autor(innen)

Margaria, Alice
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.