Family Life and Family Interests

A Comparative Study of the Influence of the European Convention on Human Rights on Dutch Family Law and the Influence of the United States Constitution on American Family Law
1. Auflage 1999
ISBN: 978-90-411-1136-4
Verlag: Wolters Kluwer

Buch, Englisch, 416 Seiten, GB, Format (B × H): 164 mm x 240 mm, Gewicht: 780 g

Full Title: Family Life and Family Interests, A Comparative Study of the Influence of the European Convention on Human Rights on Dutch Family Law and the Influence of the United States Constitution on American Family Law

The purpose of this comparative study is three-fold. Firstly, it offers an analysis of and a comparison between the application and interpretation of Article 8 (often in conjunction with the anti-discrimination principle of Article 14) of the European Convention of Human Rights and the application and interpretation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment of the United States Constitution, in particular with regard to family law.

Secondly, it compares and analyses the answers to the specific questions regarding circumstances under which a legal parent-child relationship may be established and by whom, as described under Dutch (Chapter 4) and Californian, New York and Texas Law (Chapter 5).

And thirdly, it compares and analyses the compliance with and influence of the European Convention as reflected in family law by the Dutch Supreme Court and the compliance with and influence of the U.S. Constitution as reflected in family law decisions--and filiation law in particular--by the courts in California, New York and Texas.

Zielgruppe

Research

Autoren/Hrsg.

Kleijkamp, Gerda A

Kleijkamp, Gerda

Fachgebiete

• Sozialwissenschaften Politikwissenschaft Politische Kultur Menschenrechte, Bürgerrechte
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationale Menschen- und Minderheitenrechte, Kinderrechte

Inhaltsverzeichnis

Part One: The European Convention and the United States Constitution.
1. The European Convention on Human Rights.
2. The United States Constitution.
3. Comparative Analysis and Conclusions of Part One.
Part Two: Dutch and American Family Law Issues.
4. Dutch Filiation Law.
5. American Filiation Law.
6. Comparative Analysis and Conclusions of Part Two.
Part Three: Influence: Compliance, Comparative Analysis and Conclusions.
7. Compliance of Filiation Law in the Netherlands with the European Convention of Human Rights and of Filiation Law in California, New York and Texas with the United States Constitution.
8. Comparative Analysis and Conclusions Regarding the Influence of the European Convention on Dutch Family Law and the Influence of the United States Constitution on American Family Law, and in Particular on Filiation Law in California, New York and Texas.
Bibliography.
Cases.
Register.