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 RightsThis 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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| All Time | Past Year | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 632 | 118 | 21 |
| Full Text Views | 209 | 38 | 3 |
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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 RightsThis 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 Year | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 632 | 118 | 21 |
| Full Text Views | 209 | 38 | 3 |
| PDF Views & Downloads | 208 | 61 | 8 |