Human Rights and Private International Law
James J Fawcett et al.
Published:
2016
Online ISBN:
9780191817816
Print ISBN:
9780199666409
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Human Rights and Private International Law
James J Fawcett et al.
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James J Fawcett,
Máire Ní Shúilleabháin,
Sangeeta Shah
Pages
427–479
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Published:
June 2016
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Fawcett, James J, Máire Ní Shúilleabháin, and Sangeeta Shah, 'The Prohibition of Discrimination and Private International Law', Human Rights and Private International Law, Oxford Private International Law Series (2016; online edn, Oxford Academic), https://doi.org/10.1093/law/9780199666409.003.0009, accessed 20 Aug. 2024.
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Abstract
This chapter discusses the prohibition of discrimination and its impact on jurisdiction and recognition and enforcement of foreign judgments in private international law. One area where discrimination concerns have arisen is that of family law. There is potential for private international law rules in relation to international marriages and the recognition of a foreign status to be impacted by the prohibition of discrimination based on gender. Moreover, the recognition of polygamous marriages and extra-judicial divorces also raises issues in relation to the prohibition of discrimination based on religion. However, these rules have also been impacted by other rights, particularly by the right to respect for private life and family life.
Keywords: Family law, Marriage, EU Rules, Traditional rules, Judgments and orders
Subject
Family Law Intellectual Property Law Private International Law and Conflict of Laws Courts and Procedure Commercial Law
Series
Oxford Private International Law Series
Collection: Private International Law
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