ELI Family and Succession Law SIG Held the 3rd Session of its Family Status Conference


On 1 June 2023, the ELI Family and Succession Law SIG and the Swiss Institute of Comparative Law held the third session of the Conference on Personal Identity and Continuity of Status on the topic of Names and Gender in the Conflict of Laws.

Names and gender are part of a person's identity and should not change when borders are crossed. However, as the laws on names and surnames vary and as States are increasingly adopting new and non-binary classifications of gender, the continuity of status is not always guaranteed. This has a direct impact on the enjoyment of freedom of movement and the right to identity. The case law of the Luxembourg and Strasbourg Courts provides guidance for private international law solutions that favour continuity of status. The role of public policy is also controversial, as this classic exception can be used either to favour national policies or to promote change (via the notion of European public policy). The speakers discussed the above as well as the new feminist perspectives on connecting factors and recognition rules.

A detailed programme of next session of the conference is available here. The first two sessions were held online on 5 May and 11 May 2022 (more information is available here (scroll down and click on media and conference materials).