Intersentia (2)
European Family Law (1)
The Development of Child Protection Across International Borders for Children at Risk of Harm
from Part II - International Family Law
By Ruth Lamont, University of Manchester, United Kingdom
Edited by Gillian Douglas, Mervyn Murch, Victoria Stephens
Book: International and National Perspectives on Child and Family Law
Published by: Intersentia
Published online: 12 October 2018
In 2004, Professor Lowe, with Everall and Nicholls, noted that international disputes over children had seen a 'noticeable and welcome increase in judicial cooperation.' Children's cases needed 'bold and decisive action' to ensure decisions were made with the minimum of delay and uncertainty. The field of international family law, and the study of the development and use of the law have been heavily shaped and influenced by the contribution of Professor Lowe. These statements proved prescient of the future developments of international disputes relating to children. The increasing number of disputes and the volume of case law and legislation originating from the European Union (EU) and Hague Conference on Private International Law have required new approaches to resolving disputes. The activity of the EU in particular has encouraged greater increase in judicial cooperation and trust, facilitated and supported by the valuable contributions from Professor Lowe's research.
In 2004, International Movement of Children raised the question of jurisdiction in England and Wales over public law proceedings with an international dimension. This was raised as an issue in relatively few cases by this time, but the Family Law Act 1986 contained no jurisdictional rules for such cases, applying as it did only to private law proceedings. Where a child at risk had a link to another jurisdiction, it was unclear what should be the jurisdiction rule to enable the English child protection system to intervene to protect a child. However, the impact of the Brussels IIA Regulation has meant that children who are habitually resident in England and Wales are subject to English public law care proceedings if identified as being at risk of serious harm. The adoption of the EU measures has provided greater certainty in the assumption of jurisdiction and, as suggested above, has also encouraged closer cooperation between judicial authorities in the Member States. Whilst the rules adopted in the Brussels IIA have provided some clarity on the ground of jurisdiction in public law cases, the circumstances in which private international family law rules may be used in disputes have become increasingly complex. This chapter will consider the circumstances in which public law assumes an international dimension, and the way in which these disputes are resolved.
Living well with dementia: a systematic review and correlational meta-analysis of factors associated with quality of life, well-being and life satisfaction in people with dementia
Anthony Martyr, Sharon M. Nelis, Catherine Quinn, Yu-Tzu Wu, Ruth A. Lamont, Catherine Henderson, Rachel Clarke, John V. Hindle, Jeanette M. Thom, Ian Rees Jones, Robin G. Morris, Jennifer M. Rusted, Christina R. Victor, Linda Clare
Journal: Psychological Medicine / Volume 48 / Issue 13 / October 2018
Published online by Cambridge University Press: 08 May 2018, pp. 2130-2139
Current policy emphasises the importance of 'living well' with dementia, but there has been no comprehensive synthesis of the factors related to quality of life (QoL), subjective well-being or life satisfaction in people with dementia. We examined the available evidence in a systematic review and meta-analysis. We searched electronic databases until 7 January 2016 for observational studies investigating factors associated with QoL, well-being and life satisfaction in people with dementia. Articles had to provide quantitative data and include ⩾75% people with dementia of any type or severity. We included 198 QoL studies taken from 272 articles in the meta-analysis. The analysis focused on 43 factors with sufficient data, relating to 37639 people with dementia. Generally, these factors were significantly associated with QoL, but effect sizes were often small (0.1–0.29) or negligible (<0.09). Factors reflecting relationships, social engagement and functional ability were associated with better QoL. Factors indicative of poorer physical and mental health (including depression and other neuropsychiatric symptoms) and poorer carer well-being were associated with poorer QoL. Longitudinal evidence about predictors of QoL was limited. There was a considerable between-study heterogeneity. The pattern of numerous predominantly small associations with QoL suggests a need to reconsider approaches to understanding and assessing living well with dementia.
Registered Partnerships in European Union Law
from Part V - Registered Partnerships, Discrimination and Human Rights
By Ruth Lamont, University of Manchester, England, United Kingdom
Jens M. Scherpe, Andy Hayward
Book: The Future of Registered Partnerships
Published online: 22 September 2018
The role of the European Union (EU) in regulating family life has developed steadily since the Treaty of Rome in 1957. The EU's concern with family life originated in the provisions for the free movement of workers between the Member States, by which family members also had the right to migrate and accompany the worker. This has expanded to include private international family law rules, and the protection of family rights by the Charter of Fundamental Rights of the European Union. Under Article 7, the EU is obliged to respect private and family life, and Article 9 protects the right to marry and found a family in accordance with national laws.
Since 1957, there have also been significant social and legal changes in the acceptance and recognition of different types of familial relationships, particularly same-sex relationships. As explored by the contributions in this book, the legal changes in the recognition of same-sex registered partnerships and same-sex marriage have not been uniform and there remains significant variation in the law across the Member States of the EU. Whilst the EU's regulation of family life has expanded, it still has no competence to regulate the content and forms of family relationships. It must therefore respond, recognise and adapt to legal relationships as defined across the Member States. This is important in a space where families are multi-jurisdictional and social and moral norms surrounding the family and sexuality are not uniform, and exposes the differences in national culture and regulation of same-sex relationships in Europe.
The EU 's response to the concept of same-sex registered partnerships, and the lack of a coherent legal approach to this concept, has not been fully identified or explored across the spheres of EU activity. 3 In three contexts – the free movement of persons, non-discrimination in employment, and in cases brought against the EU by its own staff – the EU legislature and the Court of Justice of the European Union (CJEU) have addressed and recognised the effects of registered partnerships created by national law in European law. This process is continuing as more Member States make provision for same-sex marriage.