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There can be no doubt that both substantive family and succession
law engage in significant interaction with private international
law, and, in particular, the European Union instruments in the
field. While it is to be expected that substantive law heavily
influences private international law instruments, it is
increasingly evident that this influence can also be exerted in the
reverse direction. Given that the European Union has no legislative
competence in the fields of family and succession law beyond
cross-border issues, this influence is indirect and, as a
consequence of this indirect nature, difficult to trace.This book
brings together a range of views on the reciprocal influences of
substantive and private international law in the fields of family
and succession law. It outlines some key elements of this interplay
in selected jurisdictions and provides a basis for discussion and
future work on the reciprocal influences of domestic and European
law. It is essential that the choices for and within certain
European instruments are made consciously and knowingly. This book
therefore aims to raise awareness that these reciprocal influences
exist, to stimulate academic debate and to facilitate a more open
debate between European institutions and national stakeholders.
John Eekelaar, FBA, is a 'giant of family law', whose unrivalled
contribution to the entire breadth of family law scholarship and
research, has brought many doctrinal, theoretical, empirical and
contextual insights to the study of family law and family justice.
His world-wide reputation and influence in the field of family law,
and the huge body of literature his career of more than 50 years
has produced, is celebrated in this collection of essays written by
senior judges and fellow academics. The 66 contributions cover a
vast range of issues in family law, child law and family justice.
Many draw their inspiration from Eekelaar's sociolegal and social
policy focus, the seminal, keystone or prescient nature of his
analyses, or the various lenses through which he has sought to
refract the subject matter of family law. Throughout the book the
admiration for Eekelaar and the high esteem in which he is held is
palpable. The result is a collection of insightful critical
engagements with family law and family justice, inspired by
Eekelaar's work, which bear testament to the vast impact of
Eekelaars ideas and to his kindness and humanity.
The need to allow a change of legal sex/gender in certain cases is
no longer disputed in most jurisdictions, and for European
countries there is no question as to whether such a change should
be allowed after the decision of the European Court of Human Rights
in Goodwin v. United Kingdom (Application no. 28957/95). The
question has therefore shifted to what the requirements for such a
change of the legal sex/gender should be. Many jurisdictions have
legislated or developed an administrative approach to changing
sex/gender, but the requirements differ significantly from
jurisdiction to jurisdiction, particularly with regard to age,
nationality and marital status, as well as the medical and
psychological requirements. The latter in some jurisdictions still
include surgery and sterility as a precondition, thus potentially
forcing the persons concerned to choose between the recognition of
their sex/gender identity and their physical integrity.The book
also examines questions that are thus far under-researched, namely
what the full legal consequences of a change of legal sex/gender
should be, for example with regard to existing legal relationships
such as marriages and registered partnerships, but also concerning
children and parentage.The Legal Status of Transsexual and
Transgender Persons is the result of an international research
project, including not only national reports from 14 European and
non-European jurisdictions but also two chapters that look at legal
sex/gender changes from a Christian perspective and one chapter
from a medical-psychological perspective. The final comparative
chapter compares and contrasts the different approaches and
requirements and makes recommendations for best practice and law
reform.
The Legal Status of Intersex Persons provides a basis for
discussion regarding all legal aspects concerning persons born with
sex characteristics that do not belong strictly to male or female
categories, or that belong to both at the same time. It contains
contributions from medical, psychological and theological
perspectives, as well as national legal perspectives from Germany,
Australia, India, the Netherlands, Columbia, Sweden, France and the
USA. It explores international human rights aspects of intersex
legal recognition and also features chapters on private
international law and legal history.The book is a timely one. Until
very recently, the legal gender of a person both at birth and later
in life in virtually all jurisdictions had to be recorded as either
male or female; the laws simply did not allow any other option,
and, in many cases, changing the recorded gender was difficult or
impossible. However, there are many cases where this gender binary
is unable to capture the reality of a persons physical presentation
and/or perception of self. Consequently, this gender binary is
increasingly being challenged and several jurisdictions have begun
to reform their gender status laws.For example, in 2013 Germany
became the first Western jurisdiction in modern times to introduce
legislation allowing a person's gender to be recorded as
'indeterminate' at birth and thus give them a legal gender status
other than male or female for all intents and purposes. However,
this legislation has proved problematic in many ways and rightly
was subject to pertinent criticism. In 2017 the German
Constitutional Court then held that these rules were in violation
of the German constitution as they only allowed a non-recognition,
as opposed to a positive recognition of a gender other than male or
female, and mandated law reform. Similarly, the Austria
Constitutional Court held in June 2018 that current civil status
laws had to be interpreted to allow registration of alternative
gender identities. Therefore, two European jurisdictions will now
have legal gender recognition beyond the binary.This book looks at
law reform taking place around the world, with diverse perspectives
from relevant fields, to provide the reader with a comprehensive
analysis of the legal status of intersex persons and related
issues.
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