The Child's Interests in Conflict

Book excerpt: The Child's Interests in Conflict addresses one of the most pressing issues of any multicultural society, namely the conflicting demands on children from minority groups or children born to parents of different cultural or faith backgrounds. What a family may consider to be in the child's best interest and welfare in court decisions may not be shared by society at large. Each can be guided by faith, culture, and tradition. Society can view the child as being exposed to a significant harm or to risk of harm if certain traditions are followed, while, in contrast, parents can believe that their child is harmed or is in harm's way if that tradition is not respected. Focusing on such circumstances in Europe, the contributions in this book - all written by internationally leading experts and with a interdisciplinary element - address situations of conflict regarding: a child's upbringing and education in general * the shaping of a child's cultural or faith-based identity * underage 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. Attention is paid to the case law of the European Court of Human Rights and to 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 also the differing ways multicultural challenges are dealt with. The book strives to answer, inter alia, 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. (Series: European Family Law - Vol. 41) Subject: European Law, Human Rights Law, Family Law, Children's Law, Socio-Legal Studies]