A family governance made in Europe

In recent years, European institutions have gained ground in family issues regulations. On 9 October 2023, the European Parliament examined the proposal for a Council regulation on competence to create a "European Certificate of Parenthood” with the aim of strengthening the protection of fundamental rights of children in cross-border situations (COM(2022) 695 final). Furthermore, the Council of Europe's Steering Committee on the Rights of the Child is due to prepare a non-binding draft instrument on comprehensive, age-appropriate sexuality education for children by the end of December 2024 (CM(2021)131-addfinal). While the first measure would achieve the recognition of parental rights for same-sex couples even in European states that reject such families, the second measure would provide tools to the 46 countries composing the Council of Europe to resolve controversies between parental rights and children's rights, as shown by the cases of the European Court of Human Rights (ECtHR). Based on a detailed documental and empirical examination of various sources, this presentation methodology examines the fields of justice (ECtHR case law), legislative (EU secondary law), and public policy (European Commission archives) regarding family matters. I will present the most recent results of my postdoctoral research on European institutions (Marie Curie Fellowship) articulating a comparative law approach and a governmentality perspective on gender and sexual politics. One of this presentation contributions lies in the study of European institutions interventions on family and parental issues through different regulations revealing symptoms of major transformations in European societies. A hypothesis of this work sustains that the traditional distinction between public and private is being transformed as consequence of these interventions; insofar as studied documents and cases around parental authority, or the role of state intervention in sexual matters, converge in a changing power relation between European institutions and the family as a social institution. References: Conseil de l’Europe, Extrait de CM(2021)131-addfinal. European Commission, Proposal for a COUNCIL REGULATION on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood, Brussels, 7,12, 2022.