International Conceptions of the Family

Banda, Fareda; Eekelaar, John

Abstract

This article examines the evolving way the ‘family’ and ‘family life’ have been understood in international and regional human rights instruments, and in the case law of the relevant institutions. It shows how the various structural components which are considered to constitute those concepts operate both between relevant adults and between adults and children. But it also shows that important normative elements, in particular, anti-discrimination norms, operate both to undermine the perception of some structures as constituting ‘family’, and to modify those structures themselves. This raises the question how far human rights norms should be seen as protecting family units in themselves or the individual members that constitute them.

Key words Human rights – family – family life – gender discrimination – marriage – same-sex relationships - parental relationships – violence against women

Citation

Banda, F., & Eekelaar, J. (2017). International Conceptions of the Family. International & Comparative Law Quarterly, 66(4), 833-862. https://doi.org/10.1017/S0020589317000288

• Journal Article Type: Article
• Acceptance Date: Mar 21, 2017
• Online Publication Date: Aug 22, 2017
• Publication Date: Oct 1, 2017
• Deposit Date: Apr 21, 2017
• Publicly Available Date: Apr 21, 2017
• Journal: International and Comparative Law Quarterly
• Print ISSN: 0020-5893
• Electronic ISSN: 1471-6895
• Publisher: Cambridge University Press
• Peer Reviewed: Peer Reviewed
• Volume: 66
• Issue: 4
• Pages: 833-862
• DOI: https://doi.org/10.1017/S0020589317000288
• Keywords: human rights, family, family life, gender discrimination, marriage, same-sex relationships, parental relationships, violence against women
• Publisher URL: https://www.cambridge.org/core/journals/international-and-comparative-law-quarterly/all-issues