An evaluation of the implications of the best interests of the child principle in the context of same-sex parenting in Ireland

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dc.contributor.advisor O'Mahony, Conor en
dc.contributor.author Bracken, Lydia L.
dc.date.accessioned 2016-02-12T10:14:52Z
dc.date.issued 2016
dc.date.submitted 2016
dc.identifier.citation Bracken, L.L. 2016. An evaluation of the implications of the best interests of the child principle in the context of same-sex parenting in Ireland. PhD Thesis, University College Cork. en
dc.identifier.uri http://hdl.handle.net/10468/2284
dc.description.abstract Same-sex parenting is by no means a new phenomenon but the legal recognition and acceptance of gay and lesbian couples as parents is a relatively recent development in most countries. Traditionally, such recognition has been opposed on the basis of the claim that the best interests of children could not be met by gay and lesbian parents. This thesis examines the validity of this argument and it explores the true implications of the best interests principle in this context. The objective is to move away from subjective or moral conceptions of the best interests principle to an understanding which is informed by relevant sociological and psychological data and which is guided by reference to the rights contained in the UN Convention on the Rights of the Child. Using this perspective, the thesis addresses the overarching issue of whether the law should offer legal recognition and protection to gay and lesbian families and the more discrete matter of how legal protection should be provided. It is argued that the best interests principle can be used to demand that same-sex parenting arrangements should be afforded legal recognition and protection. Suggestions are also presented as to the most appropriate manner of providing for this recognition. In this regard, guidance is drawn from the English and South African experience in this area. Overall, the objective is to assess the current laws from the perspective of the best interests principle so as to ensure that the law operates in a manner which adheres to the rights and interests of children. en
dc.description.sponsorship Department of Children and Youth Affairs (Research Scholarship) en
dc.format.mimetype application/pdf en
dc.language.iso en en
dc.publisher University College Cork en
dc.rights © 2016, Lydia L. Bracken. en
dc.rights.uri http://creativecommons.org/licenses/by-nc-nd/3.0/ en
dc.subject Same-sex parenting en
dc.subject Children's rights en
dc.subject Best interests en
dc.subject Parentage en
dc.title An evaluation of the implications of the best interests of the child principle in the context of same-sex parenting in Ireland en
dc.type Doctoral thesis en
dc.type.qualificationlevel Doctoral en
dc.type.qualificationname PhD (Law) en
dc.internal.availability Full text not available en
dc.check.info Indefinite en
dc.check.date 10000-01-01
dc.description.version Accepted Version
dc.contributor.funder Department of Children and Youth Affairs, Ireland en
dc.contributor.funder Law, College of Business and Law, University College Cork en
dc.description.status Not peer reviewed en
dc.internal.school Law en
dc.check.type No Embargo Required
dc.check.reason No embargo required en
dc.check.opt-out Yes en
dc.thesis.opt-out true
dc.check.embargoformat Not applicable en
dc.internal.conferring Spring 2016 en


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© 2016, Lydia L. Bracken. Except where otherwise noted, this item's license is described as © 2016, Lydia L. Bracken.
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