The Child's Interests in Conflict - The Intersections between Society, Family, Faith and Culture (Paperback)

Reviews

"FOR ALL FAMILY LAW ADVISERS" by Phillip T. - 26 June 2017

FOR ALL FAMILY LAW ADVISERS CONCERNED WITH MODERN THINKING IN CHILDREN MATTERS An appreciation by Elizabeth Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, “The Barrister” “The Child's Interests in Conflict” has an important sub heading which explains that the conflict is really the link or crossroad between “society, family, faith and culture”. The editor, Professor Maarit Jantera-Jareborg, considers one of the most pressing issues of any multicultural society: “the conflicting demands on children from minority groups or children born to parents of different cultural or faith backgrounds”. In the Preface, Maarit writes that the focus of the nine contributions chosen is on “one of the burning issues of any pluralistic, multicultural society encountering a diversity of norms, whether legal, cultural or faith-based”. We feel it is a most important, forward-thinking book for family practitioners to read now with the problems we face. Some important issues are considered, such as what a family may consider to be in the child's best interest and welfare in court when such decisions may not be shared by society at large. These decisions may be guided by faith, culture, and tradition. And our society may, of course, view the child as being exposed to a significant harm or to risk of harm if certain traditions are followed (and we all do know what they are). One major issue to be confronted is where parents might believe that their child is harmed or is in harm's way if such a tradition is not respected. What the editor and contributors produce here is a focus on such circumstances throughout Europe. The eleven contributors are all international leading experts in possession of interdisciplinary elements to review situations of conflict in these areas: a child's upbringing and education in general; the shaping of a child's cultural or faith-based identity; under-age marriages; the circumcision of boys; the role of faith and culture in society's placements of children outside the care of their family; the role of faith in cross-border child abduction; and disputes over parental responsibilities. As to be expected, European Court of Human Rights decisions are considered with some less well-known national case law, as well as to recent national legislation, all of which show not only the complexity of the issues discussed, but differing ways in which multicultural challenges are dealt with. The book considers how legal systems “should navigate between the competing claims and conflicting interests without forgetting the main person to be protected, namely the child… and how the scope of tolerance, recognition, and autonomy should be defined”. This title is part of a series of books which are dedicated to “the harmonization and unification of family and succession law in Europe” and at such an important time for all member states of the EU as the UK prepares to leave. We are given useful insights into comparative legal studies and materials. Plus, there is useful advice on studies conducted on the effects of international and European law-making within the differing European national legal systems. What is most helpful for us here in Britain is the availability of these titles in English, French and German under the direction of the Organising Committee of the Commission on European Family Law (CEFL) at a time of considerable change for all. The publication date is 2017. It’s part of the European Family Law series - Volume 41 – covering: European Law, Human Rights Law, Family Law, Children's Law, and Socio-Legal Studies.