engleski

Gender Issues in Private International Law

Private international law (PIL) per se deals with private law protection in cross-border relations. Numerous issues affected by PIL dictate consideration of a holistic approach, both in theoretical and practical terms. Human rights protection, entailing the fight against gender- based discrimination, is no exception. Moreover, abundant cross-border private situations may take gender into consideration. Feminist theories affect modern PIL legislation and interpretation. Gender mainstreaming clearly affects the methodology, understanding and interpretation of private international law. The feasibility of “blind” choice-of-law rules is challenged in light of contemporary social demands and horizontal policy objectives referring to gender equality and the right to self-determination. The gender mainstreaming is reflected in the systematic mitigation of private international law methods. Instead of only mechanical connecting factors, party autonomy is introduced. However, its feasibility to ameliorate gender based discrimination gets challenged by social reality of patriarchal culture and associated gender roles. Gender-affected private international law topics addressed by the paper range from personal effects of matrimony, in particular personal name, celebration and dissolution of a marriage, child marriage. Among international family law gender aspects are inspected in matters of parenthood in transnational surrogacy, child abduction and in the context of domestic violence. Paper addresses the above matters in member states of the Council of Europe and the European Union.

Private international law, gender equality, personal status, child abduction, domestic violence.

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