Bibliografía (Artículo doctrinal) - Padres solteros y sustracción de menores

Unmarried Fathers and Child Abduction in European Union Law
Pilar Jiménez Blanco, Tenured Associate Professor of Private International Law at the University of Oviedo (Spain)
Journal of Private International Law, Vol. 8, No. 1, April 2012, pp. 135-157

The treatment that the laws of some Member States of the European Union give to the custody rights of unmarried fathers should be regarded as contrary to the ECHR and the Charter of Fundamental Rights, insofar as the unmarried father who is responsible for the child cannot prevent the removal of said child to another state just because of the absence of his automatic acquisition of rights of custody under national law. Although the Charter only applies to Member States expressly when they are “implementing European Union law” (Article 51(1)), this paper has argued for a broad construction of a uniform EU law meaning of “custody rights” under Brussels IIa, including the inchoate custody rights of unmarried fathers, infl uenced by a desire to avoid unnecessary and disproportionate restrictions (Article 52(1)) on the right to non-discrimination on the grounds of sex (Article 21(1)) in the application of the right to object to a child abduction by fathers compared to mothers.