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The Construction of Fatherhood

The Construction of Fatherhood
The Jurisprudence of the European Court of Human Rights

  • Author: Alice Margaria, Max-Planck-Institut für ethnologische Forschung, Halle
  • Publication planned for: February 2020
  • availability: Not yet published - available from February 2020
  • format: Hardback
  • isbn: 9781108475099

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  • This book tackles one of the most topical socio-legal issues of today: how the law - in particular, the European Court of Human Rights - is responding to shifting practices and ideas of fatherhood in a world that offers radical possibilities for the fragmentation of the conventional father figure and therefore urges decisions upon what kind of characteristics makes someone a legal father. It explores the Court's reaction to changing family and, more specifically, fatherhood realities. In so doing, it engages in timely conversations about the rights and responsibilities of men as fathers. By tracing values and assumptions underpinning the Court's views on fatherhood, this book contributes to highlight the expressive powers of the ECtHR and, more specifically, the latter's role in producing and legitimising ideas about parenting and, more generally, in influencing how family life is regulated and organised.

    • Offers a clear and original conceptual framework to study the legal regulation of fatherhood, enabling readers to understand the case law analysis without being familiar with extensive family and gender studies literature
    • Examines the European Court of Human Rights' construction of fatherhood and looks at its moral and doctrinal underpinnings
    • Explores the complex emerging relationships between fatherhood, law, and social change, and addresses the general need to adjust outdated legal frameworks to recognise new family realities
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    Product details

    • Publication planned for: February 2020
    • format: Hardback
    • isbn: 9781108475099
    • dimensions: 228 x 152 mm
    • availability: Not yet published - available from February 2020
  • Table of Contents

    Introduction
    1. Fatherhood and the law in Europe
    2. The ECtHR and fatherhood: limits and potential
    3. Fatherhood and assisted reproduction
    4. Post-separation and unmarried fatherhood
    5. Fatherhood and family-work reconciliation
    6. Fatherhood and homosexuality
    7. Fatherhood at the ECtHR.

  • Author

    Alice Margaria, Max-Planck-Institut für ethnologische Forschung, Halle
    Alice Margaria is a Research Fellow in the Law and Anthropology Department of the Max-Planck-Institut für ethnologische Forschung. She holds a Ph.D. in Law from the European University Institute, Florence. Her previous book Nuove forme di filiazione e genitorialità: leggi e giudici di fronte alle nuove realtà (2018) explores the role of national judges in bridging the gap between the social and the legal realities of families created via assisted reproduction, from a comparative perspective. She was invited as a visiting scholar at various institutions, such as Emory University, Atlanta, and Lunds universitet. She also worked with international organisations, including the UNICEF Office of Research.

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