Publication details
Přístup k rodičovství v judikatuře Evropského soudu pro lidská práva
| Title in English | Access to Legal Parenthood in the Case-Law of the European Court of Human Rights |
|---|---|
| Authors | |
| Year of publication | 2018 |
| Type | Article in Periodical |
| Magazine / Source | Jurisprudence |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Keywords | parent; family; parenthood; adoption; surrogacy; assisted reproduction; European Court of Human Rights |
| Attached files | |
| Description | What is family? The answer remains unclear from both sociological and legal perspective. In a traditional way the family is perceived as a group of people related by blood or marriage, centred on a married couple and their dependents. Considering current social reality, such concept became rather obsolete. It therefore becomes increasingly unclear who and under what conditions should be entitled to become parents in legal sense. The topic was repeatedly approached by the European Court of Human Rights. The relevant judgments discuss different fractional question but none of them provides a complete concept of what the limits of legal access to parenthood are. The paper aims to analyse all the judgments related to the question of the access to legal parenthood and to identify what limits sets the case-law to both legislation and decision making process regarding legal access to parenthood. |