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  4. Author meets readers: The Legitimacy of Family Rights in Strasbourg Case Law

Apr

05

Wednesday

Author meets readers: The Legitimacy of Family Rights in Strasbourg Case Law

6.00pm

Book Discussion

Public

Please join The City Law School for a panel discussion and celebration as one of our senior lecturers, Dr Carmen Draghici, launches her new book The Legitimacy of Family Rights in Strasbourg Case Law. The panel will be chaired by Professor Carl Stychin, Dean of The City Law School.

About the book

The Legitmacy of Family Rights in Strasbourg Case Law
‘Living Instrument’ or Extinguished Sovereignty?

Modern family life exhibits a huge variety of new forms. Legal responses to these new forms illustrateLegitmacy book cover the continuing differences between European nations. Nonetheless, the Strasbourg Court has been increasingly active in this area, which provides fertile ground for testing the legitimacy of the Court’s interpretation of the European Convention on Human Rights. When national law refuses to recognize a claimed right, litigants regularly reassert that right before the Strasbourg Court. This has forced it to seek answers to complex domestic controversies, such as the legal recognition for same-sex partners and transgender persons, the ethics of adoption and reproductive rights, the legal regime for cohabitants, or the accommodation of immigrants’ aspiration to family reunion.

Placing family rights at the core of the judicial legitimacy debate, this book provides a critical analysis of the standards of family rights protection under the Convention. It evaluates the Court’s interpretive methodology and discusses the tensions inherent in its supranational quasi-constitutional function. These include the risk of excessive deference to national authorities, at the expense of the effective enforcement of universal rights; the addition of 'new rights'; and inattention to the division of responsibilities between democratic processes within sovereign States and the subsidiary international review.

About the panellists

Dr. Carmen Draghici, Senior Lecturer, The City Law School, City, University of London.
Dr. Draghici joined The City Law School in 2009. She teaches European Human Rights Law and Family and Child Law at undergraduate/ graduate-entry level. She was formerly a Visiting Fellow at the Harvard Law School’s Human Rights Program (2015), a Visiting Research Scholar at the Fletcher School of Law and Diplomacy, Tufts University (2012), a Leverhulme Visiting Post-doctoral Research Fellow at the Centre on Human Rights in Conflict, University of East London (2008). She also acts as a Visiting Professor in Public International Law at the Open University of Catalonia, Barcelona (since 2009). Dr. Draghici holds a PhD degree in International Law and Human Rights from the University of Rome ‘Sapienza’ (awarded in 2007)

Professor Bill Bowring, Professor of Law, Birkbeck School of Law
Professor Bill Bowring is a practising barrister and teaches international law and human rights at Birkbeck College, since 2006. He previously taught at University of East London, Essex University, where he is a Fellow of the Human Rights Centre, and London Metropolitan University. He has represented many applicants at the European Court of Human Rights since 1992, against Armenia, Azerbaijan, Estonia, Georgia, Latvia, Russia and Turkey. He is founder and Chair of the European Human Rights Advocacy Centre (EHRAC), a leading Strasbourg litigation project; is President of the European Lawyers for Democracy and Human Rights (ELDH), active in 18 European countries; is active in the Bar Human Rights Committee of England and Wales; and is a Trustee of the Redress Trust, and of Lawyers for Palestinian Human Rights (LPHR). Bill has more than 100 publications including two monographs, the most recent of which is Law, Rights and Ideology in Russia. Landmarks in the Destiny of a Great Power (Routledge, 2013).

Professor Alison Diduck, Professor of Law, Faculty of Laws, UCL
Alison Diduck joined the Faculty in September 2003 from Brunel University and was promoted to Professor of Law in 2008. Previous to that, from 1989 – 1992, she was Assistant Professor of Law at the University of Manitoba in Canada and from 1984 to 1992 practised as Barrister and Solicitor in Winnipeg, Canada.

Alison’s research interests are in the field of Child and Family Law, Legal Theory, gender issues and feminist perspectives in law and Legal History. She is currently on the editorial board and is Reviews Editor of The International Journal of Law in Context, and is the Co-Chairperson of the UK Advisory Board of the AHRC Centre for Law, Gender and Sexuality.

Event Timings

6:00pm - Registration
6:30pm - Panel discussion and Q&A
7:30pm - Reception
8:30pm - Close

The event is held with support from Hart Publishing, good books for lawyers

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When & where

6.00pm - 8.30pmWednesday 5th April 2017

Oliver Thompson Lecture Theatre Tait Building City, University of London Northampton Square London EC1V 0HB United Kingdom

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