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The Anti-Discrimination Principle as an Instrument of Change in Family Law

Although many of the difficulties of working with the anti-discrimination principle are generally well-known infields such as employment law and social security, less is known about how the principle works and what difficulties can be encountered in practice in the field of family law. In recent times there has been an increased tendency to invoke the anti-discrimination principle in family law, not always to good effect. This article, which is based on a study of Dutch, German and European Court and Commission of Human Rights case law, explores the various practical and theoretical aspects.