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7 - Fatherhood at the ECtHR

Published online by Cambridge University Press:  21 November 2019

Alice Margaria
Affiliation:
Max Planck Institute for Social Anthropology
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Summary

This book has explored how the ECtHR has reacted to evolving family and fatherhood realities and, more particularly, to what extent it has contributed to challenge and/or to reproduce ‘conventional fatherhood’ by relying in particular on Article 8, taken alone or in conjunction with Article 14. The preceding chapters have explored how fatherhood has been understood and regulated in different areas of case-law, accurately chosen as particularly emblematic of the fragmentary impact of social change on notions and practices of fatherhood. The following sections now aim to bring the various lines of thought together to provide a more comprehensive picture of the emerging understanding of fatherhood as well as of the roles played by doctrines in this process of (re-)construction. As it will be shown, the definition of fatherhood endorsed by the Court is far from clear cut in two respects. First, although increasingly valuing a father’s interest and commitment to his child, the Court does not abandon ‘conventional fatherhood’. The rights of fathers continue therefore to be adjudicated on the ground of their adherence to the model of ‘conventional fatherhood’, to which – however – the ‘new’ requirement of care is added.

Type
Chapter
Information
The Construction of Fatherhood
The Jurisprudence of the European Court of Human Rights
, pp. 155 - 168
Publisher: Cambridge University Press
Print publication year: 2019

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  • Fatherhood at the ECtHR
  • Alice Margaria, Max Planck Institute for Social Anthropology
  • Book: The Construction of Fatherhood
  • Online publication: 21 November 2019
  • Chapter DOI: https://doi.org/10.1017/9781108566193.009
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  • Fatherhood at the ECtHR
  • Alice Margaria, Max Planck Institute for Social Anthropology
  • Book: The Construction of Fatherhood
  • Online publication: 21 November 2019
  • Chapter DOI: https://doi.org/10.1017/9781108566193.009
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Fatherhood at the ECtHR
  • Alice Margaria, Max Planck Institute for Social Anthropology
  • Book: The Construction of Fatherhood
  • Online publication: 21 November 2019
  • Chapter DOI: https://doi.org/10.1017/9781108566193.009
Available formats
×