The Harmonisation of Private Law in Europe and Children's Tort Liability: A Case of Fundamental and Children's Rights Mainstreaming

International Journal of Children’s Rights, Vol. 19, pp. 571-594, 2011

Posted: 15 Dec 2011

Date Written: December 15, 2011

Abstract

The debate around private law harmonization in the EU has gradually moved from a narrow scope of market-related issues to the creation of a European civil code. The relationship between this process and children’s rights is, however, rarely acknowledged. The political, social and legal legitimacy of these harmonization efforts have come under strict scrutiny, but hardly ever from the point of view of children. This article explores the impact of the process of legal harmonization on children’s rights, and uses the issue of children’s tort liability as a case-study. The legal solutions in this field are analysed and compared, and the academic proposals for harmonization are assessed. This choice of subject and approach allows us to assess the advisability of further harmonization, illustrate the importance of socio-economic factors in this process, and highlight the relevance of children’s rights and fundamental rights to this debate.

Keywords: harmonisation, private law, European Union, children’s torts, fundamental rights, mainstreaming

Suggested Citation

Ferreira, Nuno, The Harmonisation of Private Law in Europe and Children's Tort Liability: A Case of Fundamental and Children's Rights Mainstreaming (December 15, 2011). International Journal of Children’s Rights, Vol. 19, pp. 571-594, 2011. Available at SSRN: https://ssrn.com/abstract=1972917

Nuno Ferreira (Contact Author)

University of Sussex ( email )

School of Law, Politics and Sociology
Freeman Building, University of Sussex
Brighton, BN1 9QE
United Kingdom

HOME PAGE: http://www.sussex.ac.uk/profiles/396218

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