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Lilla Garayová: ISFL Golden Jubilee Conference

Summary

The 18th World Conference of the International Society of Family Law, also celebrating the Golden Jubilee of the ISFL, was convened in Antwerp, Belgium, from July 12th to 15th, 2023. Themed „Rethinking Law’s Families & Family Law,” the conference critically examined the evolving conceptualizations of family in legal doctrines versus everyday practices, inspired by Alison Diduck’s seminal book „Law’s Families.” The conference, an academic melting pot, attracted over 310 scholarly papers across 67 sessions from 57 jurisdictions, offering a profound exploration of family law’s current scope and its future trajectory.

Introduction

In the historic city of Antwerp, Belgium, from July 12th to 15th, 2023, the International Society of Family Law (ISFL) celebrated its Golden Jubilee by hosting its 18th World Conference. The event, themed “Rethinking Law’s Families & Family Law,” invited scholars, practitioners, and policymakers to explore the evolving definitions of family within legal frameworks and the implications of these evolutions for family law practice globally. This conference, rich in history and ambition, served not only as a reflection on past achievements but also as a forward-looking forum aimed at addressing emerging challenges in the realm of family law.

The Genesis and Evolution of the ISFL

The ISFL was born in 1973 in Birmingham, at the initiative of Professor Falk, whose visionary concept was to foster a global dialogue on family law. The primary aim of the Society has been the study and discussion of family law, promoting international research, and the dissemination of ideas across borders. Since its inception, the ISFL has been instrumental in creating a community of legal scholars and practitioners dedicated to understanding and improving family law systems worldwide.

The first ISFL World Conference convened in West Berlin in 1975, focusing on „The Child and the Law,” a theme that remains vibrantly relevant today, reflecting the enduring focus on child welfare in family law discourse. By 1977, the second World Conference was held in Montreal, Canada, addressing the pressing issue of „Violence in the Family,” a topic that, tragically, continues to resonate deeply in contemporary society.

Subsequent conferences continued to tackle timely and pressing issues:

  • In 1979, the third World Conference in Sweden themed „Family Living in a Changing Society,” reflected on the dynamic nature of family structures and societal roles.
  • The 1982 conference at Harvard Law School marked the first ISFL conference in the USA, further expanding the Society’s reach and influence.
  • By 1985, the fifth conference in Belgium delved into „The Family, the State, and Individual Security,” exploring the intricate balance between personal freedoms and protective measures provided by the state.
  • The sixth conference in Tokyo in 1988 addressed the „Issues of the Ageing in Modern Society,” acknowledging the demographic shifts and their implications for family law.
  • The 1991 conference in Croatia examined the evolving legal definitions of parenthood with its focus on „The Legal Significance of Motherhood and Fatherhood in a Changing Society.”

Each conference not only highlighted the pressing global and local issues of the times but also demonstrated the ISFL’s commitment to addressing the complexities of family law in a changing world. This tradition of insightful themes and profound discussions was upheld in the subsequent gatherings, including the transformative sessions in Cardiff, Durban, Queensland, and the dual venues of Copenhagen and Oslo, each adding layers of knowledge and collaborative energy to the evolving discourse of family law.

The 18th World Conference in Antwerp

The 18th World Conference in Antwerp was not only a celebration of the past achievements but also a critical platform for rethinking and redefining legal strategies to better accommodate the diverse realities of families today. Inspired by Alison Diduck’s influential book, „Law’s Families”, the conference aimed to bridge the gap between the legal definitions and the lived experiences of families. Over the course of four days, more than 310 papers were presented, covering a wide array of topics including parental responsibilities, the rights of children, and the legal challenges faced by non-traditional family structures.

This conference stood out not only for its reflective look back over half a century but also for its forward-looking approach, aiming to adapt family law to the needs of contemporary society. It offered a unique opportunity for legal scholars and practitioners from around the world to share insights, debate ideas, and forge pathways for future research and policymaking.

The 18th ISFL World Conference in Antwerp was a landmark event in the history of the ISFL, embodying the Society’s enduring commitment to enhancing the understanding and practice of family law globally. Through a series of insightful presentations and dynamic discussions, the conference contributed significantly to the ongoing dialogue on how best to support and protect families in an ever-evolving global landscape. This landmark conference was hosted by the University of Antwerp and spearheaded by Prof. Frederik Swennen and Prof. Elise Goossens. It marked a pivotal moment in the ISFL’s history, reflecting on five decades of scholarly contributions to family law, while setting a forward-looking agenda for addressing emerging challenges within the field.

Conference Structure and Themes

The conference was structured around several core themes, each addressing different facets of family law:

  1. Family Structures: Sessions explored legal recognitions and protections for various family forms, including traditional and non-traditional arrangements.
  2. Methodological Innovations: Panels discussed international, comparative, and interdisciplinary approaches, emphasizing the conference’s commitment to methodological diversity.
  3. Conflict Resolution: A focus on methods pertaining to handling familial disputes showcased innovative strategies beyond traditional litigation.
  4. Jubilee Stream: This special segment reflected on the historical evolution and the prospective future of family law, facilitated through a blend of retrospectives and forecasts.

Detailed Overview of the Dissemination Event

The conference opened with welcome remarks from the conveners, who highlighted the significance of the conference themes and the ISFL’s ongoing commitment to adapting family law to contemporary societal needs.

Over the four days, the conference featured intensive panel discussions and breakout sessions, each tailored to foster deep dives into specific issues. Notable panels included:

  • „Legal Protection for Non-Traditional Families”: This panel examined the challenges faced by LGBTQ+ families, single parents, and multi-generational households, discussing the gaps in current legal protections.
  • „International and Comparative Family Law”: Scholars presented comparative analyses of family law reforms across different countries, offering insights into successful legal strategies and areas needing attention.
  • „Interdisciplinary Approaches to Family Law”: This session highlighted the importance of integrating psychological, sociological, and economic perspectives into family law to create more holistic legal responses.

Dr. Lilla Garayová, in her session titled „Changing Perspectives in National Family Law 2: Central and Eastern Europe,” provided a compelling examination of the conceptual and practical applications of parental responsibility in the region. Dr. Garayová critiqued the varying terminologies and systems, emphasizing the need for a unified approach that prioritizes the child’s best interests.In her speech at the 18th World Conference of the International Society of Family Law, Dr. Garayová, delivered a comprehensive examination of the concept of parental responsibility within family law. She highlighted the diverse terminologies and systems used across various jurisdictions to define parental responsibilities – ranging from parental authority and custody to responsibilities and rights. She emphasized that despite the diversity in terms, the core principle should always center on the best interests of the child.

Dr. Garayová explored the systematic and terminological inconsistencies within Slovak family law, particularly noting the need for reevaluation and potential recodification. She underscored the opportunity presented by the impending recodification to refine and possibly unify the terms under which parental responsibilities are defined, aiming to eliminate confusion and enhance legal clarity in the interests of child welfare.

A significant aspect of her presentation was the promotion of the efforts of the Central European Professors’ Network, which has been instrumental in fostering research and dialogue on such topics. This network’s collaborative efforts, particularly in research concerning the legal orders of Central and Eastern Europe, have provided valuable insights into the evolution of family law and parental responsibility across diverse legal systems. Dr. Garayová pointed to the research conducted under the network’s coordination as a crucial resource for understanding and potentially harmonizing the terminology and application of parental responsibility in the region.

Throughout her speech, Dr. Garayová called for a rethinking of the traditional concepts associated with parental powers, advocating for a shift towards terms that emphasize parental care and responsibility rather than authority. This shift reflects a broader movement within modern family law to prioritize the functional aspects of parenting – providing care, maintaining personal relationships, and supporting the child’s education and development.

In conclusion, Dr. Garayová’s address was a reflection on the need for legal systems to adapt to the evolving understanding of family structures and parental roles. Her advocacy for terminological unity and systematic clarity, supported by the collaborative efforts of the Central European Professors’ Network, highlighted a path forward that could enhance the efficacy and responsiveness of family law in safeguarding the rights and welfare of children across Europe and beyond.

The 18th World Conference of the ISFL not only commemorated past achievements but also paved the way for future innovations in family law. The discussions underscored the necessity for laws that respect and adapt to the evolving nature of family life, ensuring that all families receive equitable legal recognition and protection. Through its comprehensive and insightful sessions, the conference significantly contributed to the ongoing dialogue on how best to support and protect families under the law globally.

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