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Law in Context

Abstract from Volume 28 No 1 (2010) Current Trends in the Regulation of Same-Sex Relationships

The Best Interests of Children in Same-Sex Families

Paula Gerber is Deputy Director of the Castan Centre for Human Rights Law, a Senior Lecturer in the Faculty of Law, Monash University and on the Board of the Victorian Equal Opportunity and Human Rights Commission.

Opponents of same-sex families often attempt to justify their opposition to these families on the basis that raising children within such an environment is not in the best interests of children. They assert that children are best served when they are raised in a traditional household that comprises a mother and father. This article analyses these contentions through the lens of the Convention on the Rights of the Child. This UN treaty has been ratified by almost all countries around the world, and sets the global standards for the protection and promotion of children and their rights. Article 3 of this treaty provides that, in all actions concerning children, the best interests of the child shall be a primary consideration. The author examines what this provision means before considering its impact on children raised in same sex families.

(2010) 28 No 1 Law in Context 28

   
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