Description
This course aims to discuss some major issues in the field of family law from an international perspective that exceeds the borders of national law. In particular, the role of the European Court of Human Rights case law in this field shall be explored with emphasis to the common understandings across the European Convention on Human Rights member states about the various institutions of family and the function of the family. The national legal frameworks on the matter shall also be approached from a comparative viewpoint.
Objectives
Upon completion of the course, the students will be able to
Contents
The course shall emphasize on practical questions and implementation of the European Convention on Human Rights on issues of family law. The legal approach of national courts shall also be studied where appropriate. Therefore, the course shall focus on the analysis and critical assessment of judicial opinions, mainly of the ECHR and also of national courts. Following topics shall, indicatively, be discussed:
Parental Responsibility
Right to access child
Legal v. biological truth & tradition
Rights of child out of wedlock
Prenatal diagnostic error: “Wrongful birth”, “Wrongful life”
IVF, Gestational surrogacy
Adoption
Recognition and legal effects of non-formalised cohabitation relationships
Recognition of same-sex relationships
Rights of homosexuals
Legal gender recognition
Academic Requirements
Participants are required to have some previous knowledge of Family Law.
Teaching method
The course will run under seminar format, which requires a high degree of student activity. Materials shall be distributed in electronic form. Students are expected to have studied each session’s material before class and to actively participate during class.
Lecturers
The course is taught by Associate Professor George Lekkas and Associate Professor George Georgiades.
Assessment and testing