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• Title:The construction of fatherhood : the jurisprudence of the European Court of Human Rights / Alice Margaria.
  
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• Author/Creator:Margaria, Alice, 1985- author.
  
• Published/Created:Cambridge, United Kingdom : Cambridge University Press, 2019.
  

• Holdings

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  • Location:LAW LIBRARY (level 3)Where is this?
    
  • Call Number: KJC1189 .M37 2019
    
  • Number of Items:1
    
  • Status:Available
    

   
• Library of Congress Subjects:European Court of Human Rights.
  Fathers--Legal status, laws, etc.--Europe.
  Parent and child (Law)--Europe.
  
• Description:xiii, 191 pages ; 24 cm
  
• Summary: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.
  
• Notes:Includes bibliographical references (pages 169-185) and index.
  
• ISBN:1108475094 (hardback
  9781108475099 (hardback)
  9781108596824 (PDF ebook)
  
• Contents:Machine generated contents note: 1. Fatherhood and the Law in Europe
  1. Ideology versus Reality: Changing Families and Changing Fatherhood
  2. Law's Reaction: New and Old Ways of Connecting Fathers to Children
  3. Introducing the Key Concepts
  `Conventional Fatherhood'
  `Fragmenting Fatherhood'
  `New Fatherhood'
  4. Aim and Structure of the Analysis
  2. ECtHR and Fatherhood: Limits and Potential
  Introduction
  1. Family Relationships: Between Restraint and Innovation
  2. Core Provisions
  2.1. Article 8 and Fatherhood
  Two Stages of Review
  Positive Obligations
  2.2. Article 14 and Fatherhood
  3. Doctrines and Decision Making
  3.1. Doctrine of the Margin and Strictness of Review
  3.2. Variable Use of Doctrines and the Court's Moral Views
  4. Case-Law Selection
  3. Fatherhood and Assisted Reproduction
  1. Impact of ARTs on Conventional Fatherhood
  2. ECtHR and ARTs: An Ambivalent Reaction
  2.1. Transsexuality and Fatherhood
  2.2. Not-Yet Conceived Children and the Ideal Father
  2.3. Surrogacy and Intended Fatherhood
  3. Conclusions
  4. Post-Separation and Unmarried Fatherhood
  1. Fatherhood and the `Crisis' of Marriage
  2. ECtHR, the `Crisis' of Marriage and Fatherhood
  2.1. Parental Rights after Family Breakdown
  2.2. Non-Consensual Adoption
  2.3. Paternity Proceedings
  Fathers Contesting Paternity
  Fathers Claiming Paternity
  3. Conclusions
  5. Fatherhood and Family-Work Reconciliation
  1. Women in the Workplace and Conventional Fatherhood
  2. Childcare-Related Entitlements for Fathers and the ECtHR: One Step at a Time
  2.1. Restating Conventional Fatherhood
  2.2. Contemplating `New Fatherhood'
  2.3. Pushing for `New Fatherhood'
  3. Conclusions
  6. Fatherhood and Homosexuality
  1. Homosexual Families and Conventional Parenthood: Points of Disjuncture
  2. ECtHR and Homosexual Relationships: A Two-Stage Development
  2.1. Homosexual Fathers and Their Biological Children
  2.2. Single-Parent Adoption: Gays versus Lesbians
  2.3. Second-Parent Adoption and the `Special Status' of Marriage
  3. Conclusions
  7. Fatherhood at the ECtHR
  Introduction
  1. Construction of Fatherhood in the ECtHR Jurisprudence
  Towards `New Fatherhood'
  Relationship between Change and Continuity
  2. Role(s) of Doctrines
  European Consensus
  Positive Obligations
  3. Final Thoughts.