Practice Of Law Research Articles

Application of Enforcement Mechanisms for Compliance with the Principle of the Rule of Law in European Union Practice

Application of Enforcement Mechanisms for Compliance with the Principle of the Rule of Law in European Union Practice

Comparison of Laws that Impact Volunteer Response in Three Disaster-Prone Southeastern States.

As natural disasters become more frequent and severe, the ability of impacted states to rapidly scale up their capacity to respond and facilitate recovery through volunteers is ever more crucial. However, the legal landscape that may facilitate or hamper augmentation through volunteers has yet to be fully explored. This study utilized policy surveillance methodology to code relevant laws identified in searches using the Emergency Law Inventory database and Westlaw. We assessed laws in three natural disaster-prone states: North Carolina, South Carolina, and Georgia. We assessed the presence of liability protection, license reciprocity, and scope of practice laws for health care volunteers. Of the three assessed legal domains, liability protection for health care volunteers across all states contained the most robust language. Liability protections apply unless the health care volunteers act with reckless disregard, willful misconduct, or gross negligence. However, nuance exists based on which organizations (state vs charitable) volunteers are affiliated with to qualify for coverage. License reciprocity for out-of-state specific health care professions entering the impacted states was available across all three states. However, only Georgia enacted federal model legislation that provides additional flexibility regarding credentialing and liability protections. Lastly, very few laws addressed the scope of practice in impacted states. Comparisons of laws that impact the ability of health care volunteers to respond and recover from disasters are scarce. More research needs to be performed to better understand the laws that impact volunteers in emergencies, particularly as the public health system is overtasked when providing services to impacted communities.

Policing Men, Policing Women: Responsibility and Accountability for Violence Against Women and Girls, Including Domestic Abuse and Femicide

Existing legal responses to violence against women and girls (VAWG) often focus on the behaviour of the victim as much as, or sometimes more than, that of the alleged perpetrator. The laws that are supposed to protect women and girls from abuse are used to ‘police’ the behaviour of women; access to remedies and redress can seem to be contingent on whether the victim has adhered to stereotypes of an ‘ideal/real’ or ‘deserving’ victim. Female victims of male violence, including femicide, are often judged for their own behaviour; what they ‘ought’ to have done to keep themselves safe. This ‘responsibilisation’ is evident in both the substantive law and in the implementation of the law in practice. This article will highlight some of the examples of victim blaming in existing legal responses to VAWG in England and Wales. It will consider the question: how can we focus less on victim behaviour and more on perpetrator responsibility and accountability? Jayne Cowie’s book After Dark offers a useful lens for examining this question. The article will explore the parallels between some of the existing preventative measures for domestic abuse in England and Wales and some of the fictional measures enacted in Cowie’s world, in particular cohabitation contracts and domestic violence disclosure schemes.

Shadows of Return

Abstract In Germany, the prosecution of female Islamic State (IS) returnees for property offences under international criminal law has become increasingly important in recent years. These prosecutions give reason for critical reflections on the basis and limits of protection of property in international criminal law in general and its application in practice, in particular under the German Code of Crimes Against International Law (Völkerstrafgesetzbuch). This article argues that despite a well-established normative basis for and legitimacy of protecting property in international criminal law, there are considerable deficiencies in the application of the relevant offence in German jurisprudence. These deficiencies concern, first, the distinction between the different modalities of war crimes against property; secondly, the phenomenon of so-called multiple appropriations; and, thirdly, requirements for determining the gravity of property crimes. The article criticizes the fact that legal practice has so far only insufficiently evaluated the international dimension of property offences, warranting a presumption as an international crime. It argues the need for the criminal justice system to take greater account of the aims and functions of international criminal law in legal practice.

Treiber, Hubert (2021). Die „rückwärtsgewandte Expertenreform“ – Eine verwaltungswissenschaftliche Studie zur Großen Strafrechtsreform der 1950er Jahre. Halle an der Saale: Universitätsverlag Halle-Wittenberg. 169 Seiten. ISBN: 978-3-86977-244-8.

The empirical study applies cluster analyses to records of the commission on criminal justice reform. By analysing discrepancies in the individual voting behaviour of the commission members, the study identifies distinct clusters which coincide with the commission members’ professional background: While the commission members with a scientific background hardly ever form a homogenous group, commission members who practice law e. g. as judges or who are public servants show a more consistent behaviour. This is attributed to the distinct role perceptions within the respective profession. Overall, the commission members represented mostly conservative values, leading to a criminal justice reform with strong reference to previous drafts. With this in mind, the book furthermore analyses rhetorical strategies used within the legal profession to obscure a person’s involvement in the Nazi-Regime.

Nigeria's Adoption of Robotic Lawyers: Legal and Socio-Economic Challenges

<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p>Technological advancement has greatly enhanced the global environment, it has improved every facet of the global industry. Currently in Nigeria, the Legal Profession has taken a bold dive by incorporating the use of technology in enhancing the practice of law. However, the current innovation of robotic lawyers in most countries may seem to be consistent with their legal systems. In this regard, it suffices to opine that given the fact that Nigeria is a developing country, there are legal and socio-economic issues that may affect or truncate the adoption of a robotic lawyer in Nigeria. It is in this regard that this study adopted a hybrid method of research in ascertaining the relevance of robotic lawyers, and the legal and socio-economic issues. Questionnaires were distributed to 305 respondent residents in Nigeria. The study found that the current trend of robotic lawyers is quite impressive, however, the nomenclature of law concerning the study and practice of Law in Nigeria does not recognize a robotic lawyer. Furthermore, some socio-economic issues such as internet fraudster, unemployment, insecurity, and poor maintenance culture may pose a challenge to the adoption of a robotic lawyer in Nigeria. In this regard, it was therefore concluded and recommended that for a smooth adoption of robotic lawyers in Nigeria, there is a need for legal approval and streamlining their roles to mere advisory to a client, training of Nigerian lawyers and judges to enhance the legal profession.</p></td></tr></tbody></table></div>

ASPERGER'S SYNDROME – SOCIO-HISTORICAL BACKGROUND OF AUTISM AND ITS PEDAGOGICAL CONSEQUENCES. RESEARCH AND SOCIAL PRACTICE AND THE RIGHT TO LIFE

ABSTRACT: Aim: The aim of the publication is to attempt to transpose the medical dimensions of the problem into pedagogy, with the contemporary idea of social and educational inclusion. It is an attempt to point out the consequences of scientific research, which is often in conflict with fundamental moral rights, including the right to life. Methods: The article uses an extensive literature query and an analytical-synthetic method. It leads to an interdisciplinary exploration of the topic, taking into account its pedagogical character. Results: The theoretical analysis of the topic, socio-historical, medical and pedagogical threads show the multidimensionality of autism and disability - in the broad sense of the word - as a significant problem in contemporary education. Conclusion: The intention of the undertaken analyses is to indicate the significance of ethics and moral laws in education and social practice - in its various dimensions. Civilization must move toward the defense of life, not death, for the sake of human perfection. Originality: The article presents the socio-historical background of autism and Hans Asperger's research. It indicates the contemporary implications of medical and ideological assumptions in pedagogy and work with people with disabilities in the context of the value of life and the need to defend it. Keywords: Asperger, Asperger's syndrome, autism, therapeutic pedagogy, education, moral law, ideology, sociocultural context, ethics in education, eugenics

Exploring perspectives on vaccinations delivered in complementary nonclinical settings and by nonphysician health professionals: A qualitative interview study

BackgroundAlthough vaccines are an effective solution for preventing infectious disease, some vaccination rates remain below national targets, creating a need to increase vaccination access and uptake. A potential solution to improve vaccination rates is the implementation of policies that allow for more convenient vaccination access, such as the expansion of vaccination delivery by nonphysician healthcare providers (NPHPs) outside of traditional clinical settings. ObjectiveTo understand perspectives on vaccine administration at complementary sites (such as pharmacies, mobile clinics, and pop-up clinics) by NPHPs, and the barriers surrounding administration. MethodsWe performed interviews with healthcare providers and vaccination policy experts to elicit perspectives on including vaccination program scope, facilitators and barriers to NPHPs administering vaccines, and recommendations for improvement of vaccine administration. Eligible participants were required to either work directly in vaccination administration or work in vaccination policy. ResultsThirty-eight participants completed interviews. Participants reported that U.S. individuals have a positive view of vaccination at complementary sites and by NPHPs, especially since the COVID-19 pandemic, where vaccination was often performed by NPHPs at complementary sites. Concerns expressed by participants included language barriers, out-of-pocket costs, and mistrust among marginalized communities. Participants described the complexity of state and local regulations, particularly scope of practice laws, as a barrier to implementation of NPHP vaccination programs at complementary sites. ConclusionNPHPs and vaccination advocates report that complementary sites represent a potentially important step to ensuring broader, more equitable vaccination service in the United States.

Islamic Law Practice among East Javanesse Chinese Muslims; PITI’s Contribution on Its Enforcement

This qualitative research explores the practice of Islamic law among Chinese Muslims in Indonesia, focusing on the contribution of the Indonesian Chinese Islamic Association, or Persatuan Islam Tionghoa Indonesia (PITI) in East Java in three aspects; translating the Qur’an into Mandarin, organizing marriage guidance and religious consultation, and facilitating ḥalāl food industry. The primary data collection method involves in-depth interviews with Islamic leaders within the community, particularly those affiliated with PITI. Secondary data is gathered through an extensive review of literature comprising documents, books, news, and articles related to Islamic law practices among Indonesian Chinese Muslims. Data analysis employs a spiral approach, encompassing content analysis, contextual examination, and critical evaluation. The results of this research show that, specifically, PITI East Java is focused on three areas: arranging marriage counseling, translating the Qur'an into Mandarin, and developing a mentoring program for ḥalāl products. Besides, PITI uses a cultural approach to help Chinese Muslims comprehend and follow Islamic precepts while also taking into account their unique background and characteristics. As a result, the Chinese heritage has been influenced by Indonesian and Islamic traditions. This practice is dynamic and still proceeding in the new horizon that needs support from all stakeholders, the government, and other Muslim communities in Indonesia.

The defocalizing effect of international courts: Evidence from maritime delimitation practices

AbstractCan international courts influence state policies and facilitate interstate cooperation? Existing literature argues that they can. Courts can make cooperative outcomes easier for states by formulating or endorsing rules around which state expectations and practice can converge. While it is widely assumed that court rulings may become focal points and play a role in harmonizing state practices, we know little about the conditions under which they have such an effect. We suggest that court rulings can often have an opposite, defocalizing effect, which may durably harm the prospects of convergence around what the law requires. We introduce defocalization as a process and discuss its possible types and implications. We argue that defocalization may be driven by incongruence of court rulings with existing treaty law and state practice and inconsistency of rulings over time. We illustrate our argument by examining the effect of key judicial rulings on the convergence of state views about the appropriate maritime delimitation rules by relying on an original dataset. Our findings show how defocalization unfolds and suggest that complexity can accumulate over time through legal rulings that are incongruent with existing state practice or treaty law, and can be maintained through inconsistent court decisions.

Disparity in the Application of Legal Rules to Gambling Crimes Through Electronic Media

<p class="TableParagraph"><em>Gambling is a betting game in which a value that is considered valuable is wagered in advance. Gambling is a criminal offense, of the many online gambling cases that have been decided by the court, including Decision Number 111/Pid.Sus/2021/Pn Unr, and Decision Number 139/Pid.Sus/2021/Pn Skb. Both decisions are decisions related to gambling crimes committed through electronic means, but from the two decisions, there are fundamental differences, especially related to the application of the reason is, where in the first decision the Judge used Article 303 of the Criminal Code, but in other decisions, the judge used the ITE law. Based on that, this study will examine why there is a disparity between the two decisions above. This study uses a normative juridical method with a legislative approach and a case approach. The results of the study show that even though the actions of the two defendants </em><em>were both carried out with electronic media facilities (smartphones) belonging to each defendant, the judge in making a verdict, tended to follow the demands of the Public Prosecutor. Disparity in the application of law in practice can result in disruption of the value of legal certainty and justice.</em><em></em></p>

Військові виплати: поняття та адміністративна проблематика воєнного часу

This article examines the system of military benefits in Ukraine, focusing on their structure, scope, and impact on military personnel and their families. In particular, the different types of military payments, such as salaries, allowances for special conditions of service, disability compensation and pensions, are examined. Changes in legislation on military benefits and their compliance with international standards are also analyzed. It emphasizes the importance of adequate financial support for the military to maintain their combat readiness and morale. A detailed analysis reveals what factors influence the level of military payments, including budgetary constraints, the economic situation in the country, and the army’s need for modern weapons and equipment. The article also examines the effectiveness of the system of payments in providing social protection to military personnel and their families, as well as the possibility of ensuring an adequate standard of living after retirement. Finally, the article concludes with a discussion of what improvements can be made to the military pay system to make military careers more attractive and ensure stability in the military. The article also analyzes the role of military payments in maintaining military discipline and motivation of personnel. In particular, the article discusses the timeliness and regularity of payments, their correspondence to the actual living expenses of the military, as well as the possibility of receiving additional incentives for length of service, military ranks or special tasks. Finally, the article highlights the prospects for further development of the military pay system in Ukraine and the importance of improving this system in order to ensure national security and defense capability. The article also addresses the urgent problem of social security for military personnel in the context of armed conflict. The author analyzes the current state of payments to military personnel, including salaries, additional remuneration and compensation. The main focus is on legislative changes that have taken place in recent years and their impact on the welfare of the military. Particular attention is paid to the analysis of recent legislative initiatives aimed at improving the social protection of military personnel. The provisions of the new laws and regulations governing payments, as well as their effectiveness and impact on the motivation of the military are examined in detail. The article also analyzes the problems of implementing these laws in practice, including bureaucratic obstacles and insufficient funding. The article concludes that the military pay system needs to be further improved, emphasizing the importance of timely and fair financial support for military personnel as one of the key factors in maintaining the army’s combat capability and morale. The author offers recommendations on possible areas for reforming the payment system, including the introduction of new mechanisms for controlling and ensuring transparency of financial flows. The article is important for researchers in the field of social policy, military experts, and those involved in the process of formulating and implementing state policy in the field of defense. It contributes to a deeper understanding of the problems and prospects for the development of the social security system for military personnel in Ukraine, which is an important aspect of ensuring national security and stability of the state.

Argumentasi Teologis dalam Kisah Rut: Implementasi Hukum Levirat dan Tanggung Jawab Sosial

Talking about redemption, the Old Testament directs us to a book that tells about redemption, namely the book of Ruth. This book talks about levirate marriage. According to Torah law, if a man dies without having children, his brother is obliged to take his wife in a "common law marriage", so that the woman will give birth to children for her dead husband. This article will explore the concept of redemption in the Book of Ruth. The method used is the method of narrative literary exegesis. The methodological principles include structural analysis, stylistic analysis, editorial analysis, exegetical analysis, and theological analysis. As a result, The story of Ruth not only provides insight into the practice of levirate law in a historical context but also conveys theological lessons relevant to the present day. The principles in this story, such as social responsibility, protection of the vulnerable, and commitment to justice, remain pertinent and can be applied in a modern context.

Social structure and clan group networks of Afar pastorals along the Lower Awash Valley

The study examined how Afar society’s clan structure and societal hierarchies were established. The links of customary law (maa’da) practices, traditional communication (dagu), and social networks (affehina) were found to be significant in the social structure for how members perform social interactions. A qualitative method was applied, which involved Key informant interviews, focused group discussions, and observation techniques as data-gathering tools. The data was interpreted using a thematic analysis technique. Accordingly, the study explored that the administrative and social structure of the society consisted of the sultanate, the clan, and youth social groups. Each social unit has its distinct functions. A clan is the highest and most territorially located social organization. In addition, it was identified that network ties would be more commonly used to depict member’s interactions within the clan’s network structure. However, the clan’s territory (dinto) is not changeable as the season changes. The customary law applications are identified as a system of governing and controlling the social structure, social interactions, anti-social behaviours, and clan networks, with no change and differences in contents and practices in all clan groups. Furthermore, the expansion of small cities gradual change to urban centres, economic inequalities, and recurrent drought resulted in the decline of traditional norms and mutual social trusts. As a result, the study concluded that to sustain the traditional knowledge and social structure in facilitating clan vital networks, implementing visible policies will benefit the society, the government, and stakeholders to plan out effective mechanisms to preserve the sociocultural worth of the Afar pastoral societies in particular and other social groups in the country in general.

DESAFIO DO ADVOGADO COM O IMPACTO DA INTELIGÊNCIA ARTIFICIAL

This study investigates the impact of Artificial Intelligence (AI) on the practice of law, analyzing the challenges and opportunities faced by lawyers in the face of this technological transformation. By considering the growing integration of AI in legal research, document analysis, and decision-making, we examine how this technology affects the work of legal professionals. We observe that, while AI can save time and enablegreater efficiency in the provision of legal services, it also presents ethical, legal, and practical challenges, such as issues of confidentiality, transparency, and impartiality. We highlight the importance of the professional training and updating of lawyers so that they can adapt to technological changes and capitalize on the opportunities offered by AI. We conclude that AI is redefining legal practice, providing new tools for lawyers as they continue to play their fundamental role as defenders of individual rights and promoters of a more effective and accessible administration of justice.

Distribution of licensed acupuncturists and educational institutions in the United States at the start of 2023, during the late stage of the COVID-19 pandemic

This study was conducted to identify the number and density of active licensed acupuncturists (LAcs), as well as the number of accredited schools in acupuncture and Oriental medicine (AOM), as of January 1, 2023, in the United States (U.S.). The number of active LAcs as of January 1, 2023 was 34,524, potentially 33,364 after removing license duplication in multiple states, among which the largest three states were California (with 7317 LAcs [21.19% of the total]), New York (5024 [14.55%]) and Florida (2644 [7.66%]). The total number of LAcs decreased by 8.87% from 2018, and fell short of our projected number of LAcs in 2023 by 9037, or 20.75%. The overall LAc density in the U.S.—measured as the number of LAcs per 100,000 population—was 10.36, less than in 2018. There were 56 active, accredited AOM schools which offered a total of 147 programs (121 at the level necessary for licensing [entry-level], 12 for an advanced practicing degree [advanced-level], and 14 for certifications). Broken down further, offerings included 50 master’s degrees in acupuncture, 40 master’s degrees in Oriental medicine, 31 entry-level doctorate degrees (10 in acupuncture and 21 in acupuncture plus Chinese herbal medicine), and 12 advanced-level doctorate degrees in AOM. The certification programs included one in East-Asian Medical Bodywork and 13 in CHM. Among these schools in 2023, institutions in the West and East Coast states comprised 67.86% (decreased from 77.42% in 2018) of the national total. California, Florida and Illinois represented 39.29%. There were 48 jurisdictions with acupuncture practice laws in place. The data suggests that the acupuncture profession in the U.S. has been significantly impacted during the coronavirus disease 2019 pandemic.Please cite this article as: Fan AY, He DG, Sangraula A, Alemi SF, Matecki A. Distribution of licensed acupuncturists and educational institutions in the United States at the start of 2023, during the late stage of the COVID-19 pandemic. J Integr Med. 2024; 22(4): 379–384.

Involuntary psychiatric hospitalisation – differences and similarities between patients detained under the mental health act and according to the legal guardianship legislation

BackgroundInvoluntary psychiatric hospitalisation occurs under different legal premises. According to German law, detention under the Mental Health Act (MHA) is possible in cases of imminent danger of self-harm or harm to others, while detention according to the legal guardianship legislation (LGL) serves to prevent self-harm if there is considerable but not necessarily imminent danger. This study aims to compare clinical, sociodemographic and environmental socioeconomic differences and similarities between patients hospitalised under either the MHA or LGL.MethodsWe conducted a retrospective health records analysis of all involuntarily hospitalised cases in the four psychiatric hospitals of the city of Cologne, Germany, in 2011. Of the 1,773 cases, 87.3% were detained under the MHA of the federal state of North Rhine-Westphalia and 6.4% were hospitalised according to the federal LGL. Another 6.3% of the cases were originally admitted under the MHA, but the legal basis of detention was converted to LGL during the inpatient psychiatric stay (MHA→LGL cases). We compared sociodemographic, clinical, systemic and environmental socioeconomic (ESED) variables of the three groups by means of descriptive statistics. We also trained and tested a machine learning-based algorithm to predict class membership of the involuntary modes of psychiatric inpatient care.ResultsCases with an admission under the premises of LGL lived less often on their own, and they were more often retired compared to MHA cases. They more often had received previous outpatient or inpatient treatment than MHA cases, they were more often diagnosed with a psychotic disorder and they lived in neighbourhoods that were on average more socially advantaged. MHA→LGL cases were on average older and more often retired than MHA cases. More often, they had a main diagnosis of an organic mental disorder compared to both MHA and LGL cases. Also, they less often received previous psychiatric inpatient treatment compared to LGL cases. The reason for detention (self-harm or harm to others) did not differ between the three groups. The proportion of LGL and MHA cases differed between the four hospitals. Effect sizes were mostly small and the balanced accuracy of the Random Forest was low.ConclusionWe found some plausible differences in patient characteristics depending on the legal foundation of the involuntary psychiatric hospitalisation. The differences relate to clinical, sociodemographic and socioeconomical issues. However, the low effect sizes and the limited accuracy of the machine learning models indicate that the investigated variables do not sufficiently explain the respective choice of the legal framework. In addition, we found some indication for possibly different interpretation and handling of the premises of the law in practice. Our findings pose the need for further research in this field.

Can Artificial Intelligence Engage in the Practice of Law as the Art of Good and Justice?

This article explores whether artificial intelligence (AI) can engage in the practice of law as an art of good and justice. It examines the historical and philosophical foundations of law as the art of promoting societal harmony and resolving moral dilemmas. The research employs critical and philosophical analysis methods integrating insights from legal scholars, ethicists, technologists, and policymakers. The study identifies AI’s potential to streamline legal processes, enhance access to justice, and reduce bias in decision-making. However, it also highlights ethical challenges such as transparency, accountability, and the impact on the legal workforce. The article emphasises the importance of striking a balance between technological innovation and human values, advocating for proactive regulation and interdisciplinary cooperation to ensure the ethical development and implementation of AI in law. The results of the study highlight the transformative potential of AI in revolutionising legal practice, emphasising its capacity to streamline processes, improve access to justice, and mitigate bias. However, ethical considerations such as transparency, accountability, and the preservation of human judgment are crucial to ensuring that AI integration in law upholds fundamental principles of justice and fairness.

The Effectiveness of Fiqh Learning on Students' Worship Practices at Madrasah Tsanawiyah

This study aims to thoroughly investigate the effectiveness of fiqh learning on students' worship practices at MTsN 2 Agam. With the continuous growth in religious education, a strong understanding of Islamic teachings becomes increasingly important for students in educational institutions like MTsN 2 Agam. Fiqh, as a branchq of Islamic knowledge that studies practical laws and rules of worship, forms the core of the religious curriculum in this school. This study will explore the extent to which fiqh learning in fiqh classes at MTsN 2 Agam influences students' understanding of worship practices such as prayer, fasting, and almsgiving. Emphasis will be placed on the practical guidance imparted in fiqh learning, which includes correct techniques and procedures in performing these rituals. Additionally, the study will observe how a strong understanding of religious principles, taught through fiqh learning, impacts students' daily lives outside the school environment. Through careful data collection and analysis, this research aims to provide a better understanding of how fiqh learning at MTsN 2 Agam influences students' worship practices. The findings of this research are expected to provide valuable insights for the development of religious curricula in similar educational institutions and also shed light on the importance of fiqh education in shaping individuals who are obedient to religious teachings and reflect high moral values and ethics in their interactions with others.

Protection of Personal Non-Property Rights of Spouses in the Practice of The European Court of Human Rights: A Crucial Investigation

Objective: This study investigates the peculiarities of spouses' non-property rights in the European Court of Human Rights (ECHR) case law, aiming to understand how these rights are protected and restored in different legal contexts. Theoretical Framework: The study is based on principles of international human rights and family law, focusing on the right to parenthood, personal development of spouses, non-discrimination, and respect for honor and dignity. The ECHR's framework for protecting these rights provides a solid basis. Method: The research employs a qualitative analysis of ECHR case law, examining relevant legal documents, court decisions, and literature on non-property rights. Data collection involved analyzing ECHR rulings and Ukrainian family law. Results and Discussion: The results show that protecting spouses' non-property rights is crucial for citizens' security and stability. The study highlights how states manage these rights and the ECHR's role in restoring them. The discussion emphasizes national and international law implications, noting discrepancies in current protections. Research Implications: This research not only provides insights into legal mechanisms for protecting spouses' non-property rights but also underscores the practical implications of a robust legal framework and the role of the ECHR in safeguarding these rights, potentially influencing policy and legal practice. Originality/Value: The study contributes to the literature by analyzing the protection and restoration of spouses' non-property rights in ECHR case law. Its originality lies in focusing on the intersection of family law and human rights, highlighting the value of international legal standards in enhancing national protections. This research informs policy and legal practice in family law and human rights.