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Cardozo Journal of Equal Rights & Social Justice

Authors

Sibylla Flügge

Abstract

The article examines the historical evolution of custody rights in Germany, focusing on the shift from maternal preference to increasing recognition of fathers' rights. It argues that the legal system's move toward joint custody and equal parental rights reflects broader societal changes in gender roles, while also critiquing the potential backlash against women's emancipation. The analysis highlights how improvements in fathers' legal standing have often coincided with decreased obligations for men to actively care for children, raising concerns about the practical implications for mothers and children.

Disciplines

Fourteenth Amendment | Human Rights Law | International Law | Jurisprudence | Law | Law and Gender | Legal History | Torts

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