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

This book explores how 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. It engages in timely conversations about the rights and responsibilities of men as fathers and contributes to highlight the expressive powers of the ECtHR and its role in producing and legitimising ideas about parenting and influencing how family life is regulated and organised.

Format: Paperback / softback
Length: 205 pages
Publication date: 11 February 2021
Publisher: Cambridge University Press

This book delves into one of the most pressing socio-legal concerns of our time: how the law, particularly the European Court of Human Rights, is adapting to evolving practices and notions of fatherhood in a world that presents radical possibilities for the deconstruction of the traditional father figure, thereby prompting decisions on what defines a legal father. It examines the Court's response to changing family dynamics, with a specific focus on fatherhood realities. Through this exploration, the book engages in timely discussions about the rights and responsibilities of men as fathers. By unearthing the values and assumptions that underpin the Court's views on fatherhood, this book sheds light on the expressive powers of the ECtHR and, more specifically, its role in shaping and legitimizing ideas about parenting and, more broadly, in influencing how family life is regulated and organized.

Introduction:
The concept of fatherhood has undergone a significant transformation in recent years, driven by social, cultural, and technological changes. The traditional notion of a father as a sole caregiver and provider has been challenged, giving rise to new forms of fatherhood that are more diverse and inclusive. This shift has implications for the legal recognition and rights of fathers, as well as for the broader family dynamics.

The European Court of Human Rights (ECHR):
The ECHR plays a crucial role in interpreting and applying international human rights laws, including those related to family law. In recent years, the Court has been confronted with a growing number of cases involving fatherhood issues. These cases have highlighted the need for the Court to adapt its approach to fatherhood to reflect the changing realities of family life.

Changing Family and Fatherhood Realities:
The changing family and fatherhood realities are multifaceted. There has been a significant increase in single-parent families, where mothers are the sole caregivers and fathers play a more limited role in their children's lives. Additionally, there has been a growing recognition of non-traditional forms of fatherhood, such as same-sex parenting, where two men or two women are raising children together.

The Court's Response:
The Court's response to these changing family and fatherhood realities has been varied. In some cases, the Court has recognized the rights of fathers to play an active role in their children's lives, even in situations where they are not the biological parents. For example, in the case of Van den Bergh v. Belgium, the Court held that a non-biological father had the right to visit his children, even though the biological mother had refused to allow it.

Conclusion:
The book explores the ECHR's response to changing family and fatherhood realities, highlighting the rights and responsibilities of men as fathers. It contributes to the ongoing debate about the role of fathers in modern families and the need for legal recognition and protection of diverse forms of fatherhood. As society continues to evolve, it is essential that the law adapts to reflect the changing realities of family life and ensure that all fathers have the opportunity to play an active and meaningful role in their children's lives.

Weight: 314g
Dimension: 152 x 228 x 13 (mm)
ISBN-13: 9781108465861