John Eekelaar

The protection of children: state intervention and family life

This book is based on the most extensive investigation of child abuse and neglect ever carried out in Great Britain. The author followed the course of numerous cases from the first detection of ill-treatment to the resolution (or otherwise) of the problem.

Parental responsibility: State of nature or nature of the state?

Abstract “Parental responsibility” is a central concept in the Children Act 1989. The expression can represent two ideas: one, that parents must behave dutifully towards their children; the other, that responsibility for child care belongs to parents, not the state. This article shows how the second idea came to replace the first as the dominant conception during the development of the legislation. It is further argued that parental responsibility in the second sense rests upon an ideology which identifies the legal concept of parental responsibility with a perception about the ordering of relationships in the natural world, and that this explains the character which parental responsibility takes in the legislation. The article examines how this ideology has led to a weakening of the supervisory role of the state over the parent-child relationship and some possible practical implications of this development.

“Not of the Highest Importance”: Family justice under threat

This paper takes issue with the “thin” view of family justice reflected in the terms of reference of the Family Justice Review and the governments Consultation Paper on legal aid of November 2011 which states that where cases arise from the litigants own decisions in their personal life that government is less likely to consider these cases concern issues of the highest importance.

The End of an Era

An examination of the development of family law in the United States and England in the last half of the twentieth century showed that the form of family law of the 1950s was closer to the 1890s than to that of the 1990s. This change mirrored the demographic revolution of the late twentieth century. This article argues that it may also have begun to bring to a close an approach taken by legal institutions to family relationships dubbed welfarism, which stretched from the early nineteenth century and reached its climax in the 1960s and 1970s, but the extent and nature of the transformation remain unresolved.

The Obligations and Expectations of Couples Within Families: Three Modes of Interaction

What kinds of family structures emerge after a couple relationship is formed? How are obligations perceived towards the family of origin and the family of the partner? How are obligations perceived towards the older generation and towards children? How are conflicts of interest approached or resolved? How are the obligations arising from these personal relationships affected by gender, ethnicity, culture and religion? This paper reports some findings from a qualitative study of 39 men and women aged 25–40 which investigates the social context for the legal regulation of couple relationships; whether marriage, cohabitation or civil partnerships.

The Role of the Best Interests Principle in Decisions Affecting Children and Decisions about Children

The principle of the best interests of the child is firmly established and operates across a wide range of circumstances. The generally accepted view is that the principle demands decision makers to seek the best outcome for the children concerned, but that this has to be weighed against other interests. This leads to a very open-ended process. This article picks up on a distinction made, but not developed, between decisions about children and decisions about other matters which affect children indirectly. This distinction could be helpful in providing a better structure for these decisions. It is also shown that this structure is reconcilable with Article 8 of the European Convention.

Then and now – family law's direction of travel

In order to convey vividly the difference between the assumptions and culture of family law litigation at the beginning of the 1960s and the present time, a random selection of reported cases at the earlier time are compared with a random selection reported at the later time. The result indicates that contemporary family law appears to be much more closely engaged with peoples actual experiences and in seeking to resolve their problems than formerly. The implications of this for the future direction of family law and practice are considered.

Naturalism or Pragmatism? Towards an Expansive View of Human Rights

This article compares the naturalistic account of human rights in James Griffins On Human Rights (2009) with the practical account by Charles R. Beitz in The Idea of Human Rights (2009). Taking Griffins own examples, the analysis suggests that Griffins account of human rights with regard to children, divorce, or marriage is unconvincing. However, while the practical approach is preferred, this leaves the basis for any universal duty to take state action for human rights violations uncertain. The article concludes by proposing an analysis of human rights that retains the advantages of the practical conception but accounts for the justification of international action through the principle of universalizability of moral obligations.

International Conceptions of the Family

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

Obligation & commitment in family law

contrast between individuals’ sense of natural justice and the limited scope of employment law – and the discrepancy between on the one hand their determination to clear their name, expose their employer’s bad practice and ensure it is not continued, and on the other, the government’s apparent view that their claims are frivolous and motivated by monetary compensation. It is of course worth noting that there is no perspective from employers in this section. But the function of employment tribunals as upholding good labour standards (which was severely compromised by the imposition of fees in addition to existing barriers), and the fact that CA is increasingly taking on the role of trades unions, could not be more topical. These and the other trends emphasised in this book are, it is argued convincingly, calling citizenship into question in the UK today. (In a narrower sense, it would have been relevant to learn more about the growing need for advice on nationality, immigration and benefits.) The chapter by John Clarke draws out some of the broader implications, noting that amongst the new pressures on advice giving organisations is the injunction to keep out of politics. Given that the developments outlined in this book mean, as he says, that our collective infrastructure is at risk, I for one am very pleased that this book does nothing of the kind.