Superdads: Migrant Fathers' Right to Family Life before the European Court of Human Rights. (October 2015)

• Record Type: Journal Article
• Authors: de Hart, Betty
• Other Names: Charsley Katharine guest-editor.; Wray Helena guest-editor.
• Is Part Of: Men and masculinities. Volume 18:Number 4(2015:Oct.)
• Page Start: 448
• Page End: 467
• Publication Date: 2015-10
• Subjects: gender and ethnicity -- masculinity -- family law -- migration law -- right to family life; Men's studies -- Periodicals; Étude de genre; Étude sur les hommes; Homme; Identité masculine; Masculinité; Perception sociale; Recherche; Rôle selon le sexe; Ressource Internet (Descripteur de forme); Périodique électronique (Descripteur de forme); 305.3105
• DOI: 10.1177/1097184X15575110
• Languages: English
• ISSNs: 1097-184X

Abstract

In discussions about multiculturalism, migration, Islam, and law, migrant and especially Muslim fathers have predominantly been discussed in terms of their overall power over women and children. The recurring question seems to be how much room they should be granted to have a polygamous marriage, keep their daughters out of school, and marry them off. This contribution argues that the sociolegal position of migrant fathers is much more complex and possibly more vulnerable than often perceived, as a consequence of the workings of family law and immigration law. Using (black) feminist critiques of family law, the question is to what extent migrant fathers' weaker legal position is being caused by ideologies about fatherhood in family law and immigration law that exclude them from being "good fathers." The argument is based on an analysis of European Court of Human Rights case law on affiliation, divorce, custody, visiting rights, and residence.