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Fundamental Rights and Best Interests of the Child in Transnational Families (Hardcover)
Loot Price: R3,279
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Fundamental Rights and Best Interests of the Child in Transnational Families (Hardcover)
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Total price: R3,299
Discovery Miles: 32 990
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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.
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