Among the 21 European countries surveyed for the LawsAndFamilies Database (www.lawsandfamilies.eu), there is a clear trend (fortified by European law) of offering same-sex couples the opportunity... Show moreAmong the 21 European countries surveyed for the LawsAndFamilies Database (www.lawsandfamilies.eu), there is a clear trend (fortified by European law) of offering same-sex couples the opportunity to formalise their relationship as marriage and/or as registered partnership, and of attaching more and more rights and responsibilities to the informal cohabitation, the registered partnership and/or the civil marriage of two people of the same sex. This chapter focusses on the timing of all these changes. In a five periods analysis, it establishes whether major partnership rights were extended to same-sex couples at the time of the introduction of registered partnership, or before, or at the time of the opening up of marriage, or between those two moments, or after the opening up of marriage. Thereby, and by calculating the same-sex legal recognitionconsensus among the countries surveyed for each of 26 selected rights, it finds nine typical sequences: Attitudes before rights; Rights before status; Bad-times rights before good-times rights; Responsibilities before benefits; Individual partner rights before couple rights; Partnership before marriage; Immigration rights among the first to be gained; Parenting rights among the last to be gained; Legal recognition before social legitimacy. Show less
This report (edited by Kees Waaldijk) includes contributions by Daniel Damonzé, Marie Digoix, Marina Franchi, Natalie Nikolina, José Ignacio Pichardo Galán, Giulia Selmi, Matias de Stéfano Barbero,... Show moreThis report (edited by Kees Waaldijk) includes contributions by Daniel Damonzé, Marie Digoix, Marina Franchi, Natalie Nikolina, José Ignacio Pichardo Galán, Giulia Selmi, Matias de Stéfano Barbero, Matthias Thibeaud, Jose A.M. Vela, Kees Waaldijk, and Giuseppe Zago.This report offers a comparative analysis of legal and other data concerning same-sex (and different-sex) families, in marriage, in registered partnership, and in cohabitation. These data (from a legal survey among legal experts in 21 European countries, from sociological interviews with same-sex families in four European countries, and from a statistical survey of twelve European countries) have been brought together in the LawsAndFamilies Database – Aspects of legal family formats for same-sex and different-sex couples (www.LawsAndFamilies.eu). The report presents the database and the methodology of the legal survey, followed by an overview and analysis of the main results of that survey for the different countries in light of European minimum standards, plus five comparative cases studies on specific legal issues for which the database now provides detailed information, and a synthesis of the findings from the qualitative interviews. The conclusion highlights the main findings on the situation of same-sex couples, including gender aspects, and offers recommendations for further research and for legal policy; it connects legal and sociological findings, and presents correlations between laws, public attitudes, and statistics. The general theme of the report is increasing legal equality for increasing diversity of families.The text of the legal LawsAndFamilies questionnaire, plus the text of the guidance document provided to legal experts answering this questionnaire, is available at http://www.familiesandsocieties.eu/wp-content/uploads/2016/12/WP64-Waaldijketal2016.pdf. Show less
January 2017 sees the publication of The LawsAndFamilies Database (ed. by Kees Waaldijk et al.). This database is one of the milestones of the larger EU-funded FamiliesAndSocieties research project... Show moreJanuary 2017 sees the publication of The LawsAndFamilies Database (ed. by Kees Waaldijk et al.). This database is one of the milestones of the larger EU-funded FamiliesAndSocieties research project. This new online open-access resource will make it easier to find and compare legal information about marriage, registered partnership and cohabitation in European countries. The database is accessible via www.LawsAndFamilies.eu.The information in the database has been provided by selected legal experts in 21 countries in the European Economic Area (typically two experts per country). In a questionnaire the experts were asked, for some 60 typical legal consequences and formalities of marriage, to what degree and since when these consequences and formalities are now available to same-sex and/or different-sex couples via one or more of three possible legal family formats (marriage, registered partnership, cohabitation). Show less
The book focuses on the legal implications of external mechanisms of migration control for the protection of refugees and irregular migrants. It defends the thesis that when European states... Show moreThe book focuses on the legal implications of external mechanisms of migration control for the protection of refugees and irregular migrants. It defends the thesis that when European states endeavor to control the movement of migrants outside their territories, they remain responsible under international law for upholding the rights of refugees and more general human rights. The book explores how refugee and human rights law responds to a phenomenon whereby states engage in external activity and seek cooperation with other actors in the context of migration control; how EU law governs and constrains the various types of pre-border migration enforcement employed by the Member States of the European Union; and examines the conformity with international law of current and unfolding practices of external migration control. Show less
