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.check.date10000-01-01
dc.check.embargoformatNot applicableen
dc.check.infoIndefiniteen
dc.check.opt-outYesen
dc.check.reasonNo embargo requireden
dc.check.typeNo Embargo Required
dc.contributor.advisorO'Mahony, Conoren
dc.contributor.authorBracken, Lydia L.
dc.contributor.funderDepartment of Children and Youth Affairs, Irelanden
dc.contributor.funderLaw, College of Business and Law, University College Corken
dc.date.accessioned2016-02-12T10:14:52Z
dc.date.issued2016
dc.date.submitted2016
dc.description.abstractSame-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.sponsorshipDepartment of Children and Youth Affairs (Research Scholarship)en
dc.description.statusNot peer revieweden
dc.description.versionAccepted Version
dc.format.mimetypeapplication/pdfen
dc.identifier.citationBracken, 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.urihttps://hdl.handle.net/10468/2284
dc.language.isoenen
dc.publisherUniversity College Corken
dc.rights© 2016, Lydia L. Bracken.en
dc.rights.urihttp://creativecommons.org/licenses/by-nc-nd/3.0/en
dc.subjectSame-sex parentingen
dc.subjectChildren's rightsen
dc.subjectBest interestsen
dc.subjectParentageen
dc.thesis.opt-outtrue
dc.titleAn evaluation of the implications of the best interests of the child principle in the context of same-sex parenting in Irelanden
dc.typeDoctoral thesisen
dc.type.qualificationlevelDoctoralen
dc.type.qualificationnamePhD (Law)en
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