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Ethnic Minorities, Their Families and the Law

Edited by: John Murphy

ISBN13: 9781901362596
ISBN: 1901362590
Published: November 2000
Publisher: Hart Publishing
Format: Hardback
Price: £90.00

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This collection of essays presents a systematic and comprehensive account of the key ethnic minority centred issues faced by students and teachers of family law in the 21st century. The book should be of use to practising family lawyers dealing with ethnic minority clients.

Part 1 Children: images of child welfare in child abduction appeals, Michael Freeman - assessing a risk; an objecting child; non-convention cases; looking at other systems - a value framework; local authority support for ethnic minority children, Martin L. Parry - provision of services; children looked after by local authorities; child welfare in transracial adoptions - colour-blind children and colour-blind law, John Murphy: two urban myths, transracial adoptions are harmful?, transracial adoptions damage minority community interests, legal improprieties of race-matching, race-matching as racial discrimination, the centrality of child welfare, reform measures, practical measures, legal steps.
Part 2 International issues: recognition of foreign divorces - unwarrantable ethocentrism, Abla Mays - historical overview, the scheme of the current law, divorces obtained within the British Isles, overseas divorces; the discretionary refusal of recognition of foreign marriages, John Murphy - public policy and cultural imperialism, cultural values - reasons and non-reasons, cultural values in the non-recognition of child marriages; indigenous children in Australian law, John Dewar - self-determination and multiculturalism defined, child protection and child place - towards ""self-determination""?, the ""stolen generation"", the Aboriginal Child Placement Principle (ACPP), towards greater self-determination, family law - towards ""multiculturalism""?, family structures and family values, re CP - the Tiwi Island case, recuperating the ""best interests"" principles; rhetoric and reality in inter-country adoptions - divergent principles and stratified status, John Murphy - the welfare of the child in inter-country adoptions, convention adoptions, other adoptions, safeguards (?) against wrongful adoption, the recognition of inter-county adoptions.
Part 3 Miscellaneous issues: double jeopardy - race and domestic violence, Ada Kewley - women trapped in violent relationships, domestic violence and contact orders, race and the legal system, institutions and procedures, race, gender and criminal law, problems in policing domestic violence, particular problems of policing and race, domestic violence and immigration; state support for housing ethnic minority households - spatial segregation and ghettoisation?, David Cowan - spatial segregation and ghettoisation, the 1991 census - general, the 1991 census - ghettoisation, the 1991 census - spatial segregation, state support - the effects of colour blindness, home ownership, council housing, housing associations, private renting, the politics of segregation; healthcare law for a multi-faith society, Jonathan Montgomery - three principles, autonomy, best interests, sanctity of life, religious dimensions to assessing competence, categorical imperatives in the structure of welfare, decision making.