The construction of fatherhood : the jurisprudence of the European Court of Human Rights

목차 (Table of Contents)

• CONTENTS
• Foreword = xi
• Acknowledgements = xiii
• Introduction = 1
• 1 Fatherhood and the Law in Europe = 4
• 1 Ideology versus Reality : Changing Families and Changing Fatherhood = 4
• 2 The Law's Reaction : New and Old Ways of Connecting Fathers to Children = 9
• 3 Introducing the Key Concepts = 13
• `Conventional Fatherhood' = 13
• `Fragmenting Fatherhood' = 14
• `New Fatherhood' = 15
• 4 The Aim and Structure of the Analysis = 17
• 2 The ECtHR and Fatherhood : Limits and Potential = 19
• Introduction = 19
• 1 Family Relationships : Between Restraint and Innovation = 20
• 2 Core Provisions = 24
• 2.1 Article 8 and Fatherhood = 25
• Two Stages of Review = 25
• Positive Obligations = 29
• 2.2 Article 14 and Fatherhood = 32
• 3 Doctrines and Decision Making = 35
• 3.1 The Doctrine of the Margin and Strictness of Review = 36
• 3.2 The Variable Use of Doctrines and the Court's Moral Views = 40
• 4 Case-Law Selection = 45
• 3 Fatherhood and Assisted Reproduction = 48
• 1 The Impact of ARTs on Conventional Fatherhood = 48
• 2 The ECtHR and ARTs : An Ambivalent Reaction = 52
• 2.1 Transsexuality and Fatherhood = 54
• 2.2 Not-Yet Conceived Children and the Ideal Father = 58
• 2.3 Surrogacy and Intended Fatherhood = 63
• 3 Conclusions = 68
• 4 Post-Separation and Unmarried Fatherhood = 72
• 1 Fatherhood and the `Crisis' of Marriage = 72
• 2 The ECtHR, the `Crisis' of Marriage and Fatherhood = 75
• 2.1 Parental Rights after Family Breakdown = 78
• 2.2 Non-Consensual Adoption = 85
• 2.3 Paternity Proceedings = 91
• Fathers Contesting Paternity = 93
• Fathers Claiming Paternity = 98
• 3 Conclusions = 106
• 5 Fatherhood and Family-Work Reconciliation = 109
• 1 Women in the Workplace and Conventional Fatherhood = 109
• 2 Childcare-Related Entitlements for Fathers and the ECtHR : One Step at a Time = 114
• 2.1 Restating Conventional Fatherhood = 116
• 2.2 Contemplating `New Fatherhood' = 119
• 2.3 Pushing for `New Fatherhood' = 121
• 3 Conclusions = 125
• 6 Fatherhood and Homosexuality = 128
• 1 Homosexual Families and Conventional Parenthood : Points of Disjuncture = 128
• 2 The ECtHR and Homosexual Relationships : A Two-Stage Development = 131
• 2.1 Homosexual Fathers and Their Biological Children = 135
• 2.2 Single-Parent Adoption : Gays versus Lesbians = 139
• 2.3 Second-Parent Adoption and the `Special Status' of Marriage = 144
• 3 Conclusions = 151
• 7 Fatherhood at the ECtHR = 155
• Introduction = 155
• 1 The Construction of Fatherhood in the ECtHR Jurisprudence = 156
• Towards `New Fatherhood' = 156
• The Relationship between Change and Continuity = 159
• 2 The Role(s) of Doctrines = 161
• European Consensus = 162
• Positive Obligations = 164
• 3 Final Thoughts = 166
• Bibliography = 169
• Index = 186