par Simon, Caroline 
Référence Journal of legal pluralism and unofficial law, 47, 2, page (175-189)
Publication Publié, 2015
Référence Journal of legal pluralism and unofficial law, 47, 2, page (175-189)
Publication Publié, 2015
Article révisé par les pairs
| Résumé : | This contribution addresses the topic of cultural diversity in family justice and examines it in the specific context of Belgian family justice through a case study of the Mobembo family. This case, about a Belgo-Congolese family struggling for the recognition of the grandparents’ right to personal relationships with their grandchildren, was chosen among many observed in the course of fieldwork because it mobilises a cultural argument at the core of the demand and conflates it with the assessment of the ‘best interests of the child’ (BIC). It thus provides a representative illustration of how flexible and general norms as the BIC can lead (or not) to a greater openness of judicial systems to culturally different practices and experiences. In analysing how the judge apprehends this case, we will see how potential receptiveness of the Belgian judiciary to cultural diversity can be restrained in fact by the ‘eurocentric’ conception of the judge. The case will also be examined through the lens of fundamental rights in order to formulate some suggestions, before opening perspectives on hosting cultural diversity on the bench. |
