Ties That Bind: Towards a Child-Centred Approach to Lesbian, Gay, Bi-Sexual and Transgender Families under the ECHR*
In: The International Journal of Children's RightsSearch for other papers by Loveday Hodson in
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This paper examines the European Court’s of Human Rights approach towards lesbian, gay, bi-sexual and transgender families and points to the absence of a child-centred approach in its judgments. While adult same-sex relationships are increasingly gaining recognition under the Convention and national laws, in matters concerning children the Court prefers a heteronormative outlook that, it is suggested, attaches special significance to the symbolic innocence of the child. Consequently, the Court’s case-law does not adequately reflect the reality of the increasing numbers of children raised in LGBT families. The consequences of this blind-spot are considerable: it endorses the patchwork of uneven protection for children in LGBT families under national laws. This paper points towards a child-centred approach that would broaden the Court’s understanding of family life and more accurately reflect the family lives of children raised in non-traditional families.
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-
American Psychological Association, Policy Statement on Sexual Orientation, Children & Parents, adopted by APA Council of Representatives 28 & 30 July 2004, available at http://www.apa.org/about/governance/council/policy/parenting.aspx.
-
Boh K., , Bak M., , Clason C. et al.., eds., Changing Patterns of European Family Life: A Comparative Analysis of 14 European Countries (London & New York: Routledge, 1989).
-
Chloros A.G., ed., The Reform of Family Law in Europe (Deventer: Kluwer, 1978).
-
Clarke L., & Joshi H., , ‘Children’s changing families and family resources’. In Children and the Changing Family: Between Transformation and Negotiation. eds. Jensen A., & McKee L. (London & New York: RoutledgeFalmer, 2003).
-
Daly M., ‘Changing family life in Europe: Significance for state and society’, European Societies 7(3) (2005): 379–398.
-
Dunne G., , ‘Balancing acts: Lesbian experience of work and family life’. In Women and Work: The Age of Post-Feminism? eds. Sperling L., & Owen M. (Aldershot: Ashgate, 2000).
-
Freud S., edited and translated by Strachey, J., The Interpretation of Dreams: The Complete and Definitive Text (New York: Basic Books, 2010).
-
Glass C.M., , Kubasek N., & Kiester E., ‘Towards a ‘European Model’ of same-sex marriage rights: A viable pathway for the U.S.?’, Berkeley Journal of International Law 29 (2011): 132.
-
Golombok S., , ‘Lesbian mother families’. In What is a Parent?: A Socio-Legal Analysis. eds. Bainham A., , Sclater S.D., & Richards M. (Oxford & Portland: Hart Publishing, 1999).
-
Hart L., ‘Individual adoption by non-heterosexuals and the order of family life in the European court of human rights’, Journal of Law and Society 36(4) (2009): 536.
-
Hodson L., ‘A marriage by any other name: Schalk and Kopf v Austria’, Human Rights Law Review 11(1) (2011): 170.
-
Jensen A., & McKee L., eds., Children and the Changing Family: Between Transformation and Negotiation (London & New York: RoutledgeFalmer, 2003).
-
Kelly F., ‘Nuclear norms or fluid families? Incorporating Lesbian and Gay parents and their children into Canadian family law’, Canadian Journal of Family Law 21 (2004): 133.
-
Kurczewski J., & Maclean M., eds., Family Law and Family Policy in the New Europe (Aldershot: Dartmouth Publishing, 1997).
-
Maclean M., ed., Family Law and Family Values (Oxford and Portland: Hart Publishing, 2005).
-
Mazzotta V., , ‘Same-Sex relationships in Italy’. In Family Law and Family Values. ed. Maclean M. (Oxford and Portland: Hart Publishing, 2005).
-
McGlynn C., Families and the European Union: Law, Politics and Pluralism (Cambridge: CUP, 2006).
-
Millbank J., Meet the Parents: A Review of the Research on Lesbian and Gay Families (The Gay & Lesbian Rights Lobby, 2002). Available at: http://glrl.org.au/images/stories/meet_the_parents.pdf.
-
Millbank J., ‘The limits of functional family: Lesbian mother litigation in the era of the eternal biological family’, International Journal of Law, Policy and the Family 22 (2008): 149–177.
-
Office for National Statistics, Statistical Bulletin: Families and Households in the UK, 2001 to 2010 (2011). Available at www.ons.gov.uk/ons/taxonomy/index.html?nscl=Households.
-
Patterson C. J., , ‘Family lives of children born to Lesbian mothers’. In Lesbian, Gay and Bisexual Identities in Families. eds. Patterson, & D’Augelli (NY: OUP, 1998).
-
Patterson C. J. ‘Family relationships of lesbians and gay men’, Journal of Marriage and Family 62 (2000): 1052–1069.
-
Patterson C. J. ‘Lesbian and gay parents and their children: Summary of research findings’. In Lesbian and Gay Parenting: A Resource for Psychologists (Washington, DC: American Psychological Association, 2004).
-
Perrin E. C. & The Committee on Psychosocial Aspects of Child and Family Health, ‘Technical report: Coparent or second-parent adoption by same-sex parents’, Pediatrics 109 (2002): 341–344.
-
Polikoff N., ‘Lesbian and Gay parenting: The last thirty years’, Montana Law Review 66 (2005): 51.
-
Stalford H., ‘Concepts of family under EU law – lessons from the ECHR’, Int. J. L. P. F 16(3) (2002): 410.
-
Tasker F., ‘Children in Lesbian-led families: A review’, Clinical Child Psychology and Psychiatry 4 (1999): 153–166.
-
Tasker F., & Golombok S., Growing Up in a Lesbian Family (New York: Guilford Press, 1997).
-
Tobin J., & Mc Nair R., ‘Public international law and the regulation of private spaces: Does the convention on the rights of the child impose an obligation on states to allow gay and lesbian couples to adopt?’, Int. J.L.P.F 23(1) (2009): 110–131.
-
Stacey J., & Biblarz T.J., ‘(How) Does sexual orientation of parents matter?’, American Sociological Review 65 (2001): 159–183.
-
Steenhof L., & Harmsen C., , ‘Same-sex couples in the Netherlands’. In Same-Sex Couples, Same-Sex Partnerships, and Homosexual Marriages: A Focus on Cross-National Differentials. eds. Digoix M., & Festy P. (Documents de travail n°124, Ined, 2004) 233–243. Available at: www-same-sex.ined.fr/WWW/04Doc124LiesbethCarel.pdf.
-
Van Bueren G., Child Rights in Europe (Strasbourg: Council of Europe Publishing, 2007).
-
Verhellen E., ‘Children’s rights in Europe’, The International Journal of Children’s Rights 1 (1993): 357–376.
-
Wintemute R., & Andenas M., eds., Legal Recognition of Same-Sex Partnerships: A Study of National, European, and International Law (Oxford: Hart, 2001).
-
Zapotocny E., ‘My two moms: California’s supreme court decision in K.M. v. E.G. and why Gay marriage offers the best protection for same-sex families’, Wisconsin Women’s Law Journal 21 (2006): 111.
| All Time | Past 365 days | Past 30 Days | |
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Ties That Bind: Towards a Child-Centred Approach to Lesbian, Gay, Bi-Sexual and Transgender Families under the ECHR*
In: The International Journal of Children's RightsSearch for other papers by Loveday Hodson in
Current site
Google Scholar
PubMed
This paper examines the European Court’s of Human Rights approach towards lesbian, gay, bi-sexual and transgender families and points to the absence of a child-centred approach in its judgments. While adult same-sex relationships are increasingly gaining recognition under the Convention and national laws, in matters concerning children the Court prefers a heteronormative outlook that, it is suggested, attaches special significance to the symbolic innocence of the child. Consequently, the Court’s case-law does not adequately reflect the reality of the increasing numbers of children raised in LGBT families. The consequences of this blind-spot are considerable: it endorses the patchwork of uneven protection for children in LGBT families under national laws. This paper points towards a child-centred approach that would broaden the Court’s understanding of family life and more accurately reflect the family lives of children raised in non-traditional families.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 839 | 121 | 19 |
| Full Text Views | 254 | 16 | 1 |
| PDF Views & Downloads | 292 | 41 | 0 |