Not ‘The Norm’: Families, Individuals and Human Rights

Abstract

This special issue examines the intersection between human rights, family law and the law of persons in situations where the individuals or families involved fall outside ‘the norm’. The contributions specifically address adults with declining cognitive abilities and children versus competent adults, intersex and transgender persons and sex workers versus people with ‘normal’ bodies, and families in conflict (regarding either contact rights for grandparents or child protection orders) versus ‘happy families’. The range of topics shares a focus on human rights and states’ obligations in maintaining a balance between autonomy and protection. The contributions show how the interpretation and implementation of human rights law can evolve to encompass, protect and empower individuals and families who previously fell outside ‘the norm’.