Fundamental Rights and Best Interests of the Child in Transnational Families

'Fundamental Rights and the Best Interest of the Child in Transnational Families' is a timely work on the implementation of the child’s interests in the EU and covers the most relevant topics emerging from the rapid internationalisation of child and family law and from the increased mobility of families.
Editor(s):
Elisabetta Bergamini, Chiara Ragni
boek | verschenen | 1e editie
september 2019 | xxviii + 322 blz.

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ISBN 9781780686653


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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.

Fundamental Rights and the Best Interest of the Child in Transnational Families is a timely work on the implementation of the child’s interests in the EU and covers the most relevant topics emerging from the rapid internationalisation of child and family law and from the increased mobility of families.


Dr Elisabetta Bergamini is Associate Professor of International Law at the University of Udine, Italy. She teaches in and writes on international law, EU law and private international law, with particular emphasis on family law. From 2014 to 2016, she coordinated a Jean Monnet Module on European Family Law co-financed by the EU Commission.

Dr Chiara Ragni is Associate Professor of International Law at the University of Milan, Italy, where she coordinated a Jean Monnet Module on European Family Law and Human Rights. Her main areas of expertise include private international family law, international criminal law and human rights law.

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Table of Contents and preliminary matter (p. 0)

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 (p. 3)

Protecting EU Citizen Minors’ Right to Identity in the Transnational Family Context (p. 21)

The Best Interests Principle’s Impact on Decisions Concerning Asylum-Seeking and Refugee Children (p. 39)

Human Rights and the Best Interests of the Child in European Family Reunifi cation Law (p. 55)

Rainbow Families and EU Free Movement Law (p. 75)

Kafala and Family Reunifi cation of Third-Country Nationals (p. 97)

Against a Girl’s Will: Child Marriages, Immigration and the Directive on Family Reunifi cation (p. 115)

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 (p. 141)

The Best Interests of the Child Principle at the Intersection of Private International Law and Human Rights (p. 157)

Recognition of a Foreign Status Filii: Pursuing the Best Interests Principle (p. 171)

Surrogacy Arrangements and the Best Interests of the Child:The Case Law of the European Court of Human Rights (p. 187)

Cross-Border Recognition of Adoption: Rethinking Private International Law from a Human Rights Perspective (p. 209)

Protecting Children’s Rights after Child Abduction: The Interaction of the CJEU and ECtHR in Interpreting Brussels II bis (p. 225)

Cross-Border Parental Child Abduction in the EU: Is there Room for a Human Rights Exception? (p. 243)

Impact of the Best Interests of the Child on the Brussels II ter Regulation (p. 265)

Provisional Measures and the Best Interests of the Child in the Field of Parental Responsibility (p. 287)