Speaker: Dr Gillian Black, University of Edinburgh
Joint Seminar with Cambridge Family Law Centre.
Family law has been fundamentally shaped by the article 8 right to respect for private and family life - yet the privacy aspect of Article 8 has typically been underused in family disputes. This paper will explore whether the statutory basis for divorce in England and Wales and in Scotland infringes individuals' article 8 privacy rights, even where facilitating the desired goal, by ending the marriage. Is there a case for relying on article 8 to protect the spouses' privacy in divorce actions, while still achieving the desired aim of the parties? How could the law be re-framed, to respect both the family and the privacy dimensions of article 8?
This seminar is open to all LLM, MCL and PhD students, Faculty members and Faculty visitors.