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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.
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