PART 1. 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 / Elisabetta Bergamini -- Protecting EU citizen minors' right to identity in the transnational family context / Francesco Deana / The best interests principle's impact on decisions concerning asylum-seeking and refugee children / Maura Marchegiani / Human rights and the best interests of the child in European family reunification law Peter Rodrigues / Rainbow families and EU free movement law / Alina Tryfonidou -- Kafala and family reunification of third-country nationals / Alessandra Lang -- Against a girl's will : child marriages, immigration and the directive on family reunification / Sara De Vido -- PART 2. 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 / Pietro Franzina -- The best interests of the child principle at the intersection of private international law and human rights / Marcella Distefano -- Recognition of a foreign status filii : pursuing the best interests principle / Roberto Baratta -- Surrogacy arrangements and the best interests of the child : the case law of the European Court of Human Rights / Katrina Trimmings -- Cross-border recognition of adoption : rethinking private international law from a human rights perspective / Chiara Ragni -- Protecting children's rights after child abduction : the interaction of the CJEU and ECtHR in interpreting Brussels II bis / Ruth Lamont -- Cross-border parental child abduction in the EU : is there room for a human rights exception? / Costanza Honorati -- Impact of the best interests of the child on the Brussels II ter Regulation / Laura Carpaneto -- Provisional measures and the best interests of the child in the field of parental responsibility / Lidia Sandrini.
Summary:
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.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.