Fundamental Rights and Best Interests of the Child in Transnational Families

Dr Elisabetta Bergamini is Associate Professor of International Law at the University of Udine, Italy. She teaches in and writes on international law, EU law and private international law, with particular emphasis on family law. From 2014 to 2016, she coordinated a Jean Monnet Module on European Family Law co-financed by the EU Commission.Dr Chiara Ragni is Associate Professor of International Law at the University of Milan, Italy, where she coordinated a Jean Monnet Module on European Family Law and Human Rights. Her main areas of expertise include private international family law, international criminal law and human rights law.

• THE IMPACT OF HUMAN RIGHTS AND OF THE BEST INTERESTS OF THE CHILD ON EU FREE MOVEMENT AND MIGRATION LAWHuman Rights of Children in the EU Context: Impact on National Family Law (p. 3)Protecting EU Citizen Minors’ Right to Identity in the Transnational Family Context (p. 21)The Best Interests Principle’s Impact on Decisions Concerning Asylum-Seeking and Refugee Children (p. 39)Human Rights and the Best Interests of the Child in European Family Reunifi cation Law (p. 55)Rainbow Families and EU Free Movement Law (p. 75)Kafala and Family Reunifi cation of Third-Country Nationals (p. 97)Against a Girl’s Will: Child Marriages, Immigration and the Directive on Family Reunifi cation (p. 115)THE BEST INTERESTS OF THE CHILD AS A CONCERN OF HUMAN RIGHTS AND EUROPEAN PRIVATE INTERNATIONAL LAWThe Place of Human Rights in the Private International Law of the Union in Family Matters (p. 141)The Best Interests of the Child Principle at the Intersection of Private International Law and Human Rights (p. 157)Recognition of a Foreign Status Filii: Pursuing the Best Interests Principle (p. 171)Surrogacy Arrangements and the Best Interests of the Child:The Case Law of the European Court of Human Rights (p. 187)Cross-Border Recognition of Adoption: Rethinking Private International Law from a Human Rights Perspective (p. 209)Protecting Children’s Rights after Child Abduction: The Interaction of the CJEU and ECtHR in Interpreting Brussels II bis (p. 225)Cross-Border Parental Child Abduction in the EU: Is there Room for a Human Rights Exception? (p. 243)Impact of the Best Interests of the Child on the Brussels II ter Regulation (p. 265)Provisional Measures and the Best Interests of the Child in the Field of Parental Responsibility (p. 287)

'The book [...] provides much-needed analysis on the topic of implementing children's rights and best interests in the EU and covers an impressive breadth of the most relevant topics emerging from the rapid internationalisation of family law.' -- Aoife Daly, International Journal of Law, Policy and The Family, 2021