Diverse Families: A Challenge to Family Law? A Comparative Exercise

TLDR: In this article, a comparison of 14 countries based on 14 country reports is presented, including Iraq, Pakistan, Tunisia, United Arab Emirates, Japan, South Africa, Czech Republic, Hungary, Germany, Belgium, Austria, Finland, Greece, and Turkey.

Abstract: This report is based on 14 country reports namely Iraq, Pakistan, Tunisia, United Arab Emirates, Japan, South Africa, Czech Republic, Hungary, Germany, Belgium, Austria, Finland, Greece, and Turkey. It aims at detecting the ways in which claims relating to cultural traditions, ethnic customs, religious convictions, and sexual orientation—or any other kinds of claims that are not officially accommodated in state law—are raised and dealt with in those jurisdictions. The comparison first sets family law in its historical and demographic context, including the implications of mobility and migration as well as of technological and social developments. Secondly it analyzes the actions and reactions of the entities involved, namely the legislature and the judiciary, but also civil society actors. Furthermore, it explores the reactions of the communities concerned and, finally, draws conclusions on some of the challenges that multiculturalism poses to family law today.