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Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

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Fundamental Rights and Best Interest of the Child in Transnational Families

Edited by: Elisabetta Bergamini, Chiara Ragni

ISBN13: 9781780686653
Published: September 2019
Publisher: Intersentia Publishers
Country of Publication: UK
Format: Hardback
Price: £99.00



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Families in Europe are increasingly shaped by the mobility of persons and multicultural backgrounds. This book is focusing on the protection of children in cross-border situations. What are the fundamental rights of children in transnational families, what is in their ‘best interest’, and how can their rights be safeguarded? There is much controversy on these rights and the accompanying uncertainty has resulted in considerable practical difficulties for those trying to implement them.

In order to provide a clearer scope and insights into the nature of children’s fundamental rights and their best interests, this book examines solutions provided by both EU and international law to the questions raised by the increasing incidence of transnational families as regards the protection of minors. It covers both substantive and conflict-of-laws rules. Differences in the substantive family laws of Member States still prevent an effective protection of the child or its family unit. This includes cases of migration, asylum, forced marriage, kafalah, but also rainbow families. Further, the role of human rights (mutual recognition of status and surrogacy agreements, adoption) and procedural rights (child abduction, Brussels II bis recast) in cross-border cases must be considered carefully.

Fundamental Rights and the Best Interest of the Child in Transnational Families is a timely work on the implementation of the child’s interests in the EU and covers the most relevant topics emerging from the rapid internationalisation of child and family law and from the increased mobility of families.

Subjects:
Family Law, Children
Contents:
THE IMPACT OF HUMAN RIGHTS AND OF THE BEST INTERESTS OF THE CHILD ON EU FREE MOVEMENT AND MIGRATION LAW
Human Rights of Children in the EU Context: Impact on National Family Law
Protecting EU Citizen Minors’ Right to Identity in the Transnational Family Context
The Best Interests Principle’s Impact on Decisions Concerning Asylum-Seeking and Refugee Children
Human Rights and the Best Interests of the Child in European Family Reunifi cation Law
Rainbow Families and EU Free Movement Law
Kafala and Family Reunifi cation of Third-Country Nationals
Against a Girl’s Will: Child Marriages, Immigration and the Directive on Family Reunifi cation
THE BEST INTERESTS OF THE CHILD AS A CONCERN OF HUMAN RIGHTS AND EUROPEAN PRIVATE INTERNATIONAL LAW
The Place of Human Rights in the Private International Law of the Union in Family Matters
The Best Interests of the Child Principle at the Intersection of Private International Law and Human Rights
Recognition of a Foreign Status Filii: Pursuing the Best Interests Principle
Surrogacy Arrangements and the Best Interests of the Child:The Case Law of the European Court of Human Rights
Cross-Border Recognition of Adoption: Rethinking Private International Law from a Human Rights Perspective
Protecting Children’s Rights after Child Abduction: The Interaction of the CJEU and ECtHR in Interpreting Brussels II bis
Cross-Border Parental Child Abduction in the EU: Is there Room for a Human Rights Exception?
Impact of the Best Interests of the Child on the Brussels II ter Regulation
Provisional Measures and the Best Interests of the Child in the Field of Parental Responsibility