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9 The Prohibition of Discrimination and Private International Law

James J. Fawcett, Máire Ní Shúilleabháin, Sangeeta Shah

From: Human Rights and Private International Law

James Fawcett, Máire Ní Shúilleabháin, Sangeeta Shah

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 27 November 2020

Subject(s):
Family law — Marriage — EU Rules — Traditional rules — Judgments and orders

This chapter discusses the prohibition of discrimination and its impact on jurisdiction and recognition and enforcement of foreign judgments in private international law. One area where discrimination concerns have arisen is that of family law. There is potential for private international law rules in relation to international marriages and the recognition of a foreign status to be impacted by the prohibition of discrimination based on gender. Moreover, the recognition of polygamous marriages and extra-judicial divorces also raises issues in relation to the prohibition of discrimination based on religion. However, these rules have also been impacted by other rights, particularly by the right to respect for private life and family life.

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