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Three years after its establishment the CEFL presents its first
Principles of European Family Law in the field of divorce and
maintenance between former spouses. The Principles aim to bestow
the most suitable means for the harmonisation of family laws in
Europe. In this respect they may serve as a frame of reference for
national, European and international legislatures alike. The
Principles could considerably facilitate their task not only by
virtue of the fact that the CEFL's in-depth and comprehensive
comparative research is easily accesible but also because most of
the rules have been drafted in a way legislatures normally consider
to be appropriate.
The Child's Interests in Conflict addresses one of the most
pressing issues of any multicultural society, namely the
conflicting demands on children from minority groups or children
born to parents of different cultural or religious backgrounds.
What the family considers to be in the child's best interests and
welfare in the studied situations is not shared by society at
large. Each guided by faith, culture and tradition, society views
the child to be exposed to a significant harm or risk of harm if
certain traditions are followed, whereas in contrast the parents
believe that their child is harmed or in harm's way if that
tradition is not respected.Focusing primarily on Europe, the
contributions in this book, written by internationally leading
experts and with a interdisciplinary element, address situations of
conflict regarding the child's upbringing and education in general,
the shaping of the child's cultural or faith-based identity,
underage marriages, circumcision of boys, the role of faith and
culture in society's placements of children outside the care of
their family, and the role of faith in cross-border child abduction
and disputes over parental responsibilities. Attention is paid to
the case law of the European Court of Human Rights and to less
well-known national case law, as well as to recent national
legislation, all of which show not only the complexity of the
issues discussed but also the differing ways multicultural
challenges are dealt with.The authors strive to answer, inter alia,
how legal systems should navigate between the competing claims and
conflicting interests without forgetting the main person to be
protected, namely the child; and how the scope of tolerance,
recognition and autonomy should be defined.
The Principles of European Family Law which are drafted by the CEFL
are aimed at contributing to the harmonisation of family law in
Europe. They may thus be used as a frame of reference. The first
set of Principles in the field of Divorce and Maintenance Between
Former Spouses was launched in 2004. This book contains the
Principles Regarding Parental Responsibilities. In these
Principles, the CEFL has developed a comprehensive and original set
of rules in the field of parental responsibilities based on respect
for the rights of the child, non-discrimination and, as far as
possible, self-determination. In their provisions on specific
issues the Principles opt for solutions which seem to be workable
and shall avoid unnecessary hardship and disputes.
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