Hybrid journal (It can contain Open Access articles) ISSN (Print) 1360-9939 - ISSN (Online) 1464-3707 Published by Oxford University Press[372 journals]
Authors:Büchler A; Parizer K. Pages: 269 - 290 Abstract: ABSTRACTThe phenomenon of delayed childbearing in general, and of the increasing age of women using assisted reproduction techniques (ART) in particular, occurs in all Western countries. This article addresses the question of a maximum legal age for accessing ART. We argue that the question of setting a maternal age limit is related to the cultural context and is influenced by social representations of motherhood. The dominant discourses around the question of the necessity of an age limit are inevitably infused with social expectations. First, the arguments in favour of and against setting a maternal age limit will be analysed, such as reproductive autonomy, equality, the well-being of the child and her parents, the best interests of women, and the State’s responsibility. Secondly, the principal models adopted in Western countries will be explored. Three models of normative frameworks can be identified: in the first, an explicit maternal age limit of eligibility has been set by law. In the second, such a limit has not been set explicitly, but ‘soft’ legal conditions, guidelines, and financial coverage restrictions have been introduced. In the third, no maternal age conditions have been stipulated at all. Thirdly, the possible grounds or explanations underlying these frameworks will be discussed. To this extent, arguments such as reproductive autonomy, nature, and the child’s welfare will be analysed, as well as some political factors as pro-natalist policy and the issue of financial coverage. PubDate: Sat, 23 Sep 2017 00:00:00 GMT DOI: 10.1093/lawfam/ebx007 Issue No:Vol. 31, No. 3 (2017)
Authors:Crowley L. Pages: 291 - 310 Abstract: Domestic violence is a destructive social harm which damages the lives and well-being of an immeasurable number of people and families. Traditional legal responses have sought to protect victims through a range of supports and protective measures including the removal of the abuser from the oft-shared residence. However, by its very nature domestic abuse typically occurs in a private home environment, one that is often not easily accessed. This article identifies the merits of state intervention measures which seek to challenge the perpetrator, seeking behavioural change through engagement and direction. The growing national and international move towards adopting targeted programmes will be outlined, as will the current evidence-based positive evaluations of a number of existing domestic violence perpetrator programmes. Against this backdrop, the under-developed Irish framework will be critically considered, informed by the results of the recent data gathered through workshop-based engagement with male perpetrators engaging with an Irish service provider. Ultimately the need for greater investment in such programmes will be demonstrated, in order to more comprehensively and effectively address the scourge of domestic violence. PubDate: Mon, 18 Sep 2017 00:00:00 GMT DOI: 10.1093/lawfam/ebx010 Issue No:Vol. 31, No. 3 (2017)
Authors:Yücel Ö. Pages: 311 - 327 Abstract: ABSTRACTDomestic violence disproportionately affects women in Turkey. The fact that the state does not fulfil its positive obligations to combat domestic violence causes indirect discrimination against women, as pointed out by the European Court of Human Rights in the cases against Turkey. This article reports an analysis of cases in the Ankara family courts from the beginning of January to the end of April 2016 concerning preventive or protective measures against domestic violence, followed by qualitative research consisting of interviews with practitioners. It demonstrates that legal regulations are not executed properly. According to the quantitative data, women have been exposed to the danger of violence mostly by their husbands. Gender stereotyping norms play a determinative role in the political and judicial passivity over combating domestic violence. PubDate: Sat, 23 Sep 2017 00:00:00 GMT DOI: 10.1093/lawfam/ebx012 Issue No:Vol. 31, No. 3 (2017)
Authors:Cammu N. Pages: 328 - 343 Abstract: ABSTRACTThis article considers what changes can be made within the legal arena to better accommodate those who find themselves outside of the normative framework of the sexual (two-parent) family. Using legal kinship terminology (ie those terms used to define parental figures such as ‘father’, ‘mother’, ‘co-mother’, ‘co-/duo-mother’ and ‘donor’) within Belgian and Dutch legal documents as case studies, I will focus both on situations of intentional multiple parenthood (eg co-parenting projects), as well as parenting situations following artificial reproductive technology (ART). I posit the possibility of an existing tension between, on one hand, the available terminology in situations of plus-two-parent families, and on the other, the authority of prevailing kinship terminology as primarily focused around a two-parent-nuclear-construct. Moreover, I will illustrate how the labelling processes of both kinning (‘co-/duo-) mother’, father’) and non-kinning (‘surrogacy mother’, ‘donor’) limit the language surrounding practices of multiple parenthood from the outset. I conclude by positing three possible future paths and emphasize the need for additional (empirical) research findings. PubDate: Mon, 18 Sep 2017 00:00:00 GMT DOI: 10.1093/lawfam/ebx009 Issue No:Vol. 31, No. 3 (2017)
Authors:Birnbaum R; Bala N. Pages: 344 - 362 Abstract: ABSTRACTThere is increasing use of Views of the Child Reports as a means of involving children in the resolution of parenting disputes in Canada, but there are significant differences in how these Reports are prepared. This article reports on a study of an Ontario pilot project which provided non-evaluative reports for parenting disputes prepared by social workers based on two interviews with each child about the child’s perspectives and preferences; children were offered confidentiality and the opportunity to review and edit the Report. The majority of professionals and parents found these Reports were helpful for the resolution of the cases, and almost half of the cases settled shortly after preparation of the Report. Most significantly, the children all stated that they appreciated the opportunity to share their views. However, some parents and their lawyers raised concerns that these Reports may not be appropriate for certain cases. We conclude that these Reports are a valuable addition to the ‘family justice toolbox’. We make suggestions for good practices and policy reforms to encourage their appropriate use. PubDate: Sat, 23 Sep 2017 00:00:00 GMT DOI: 10.1093/lawfam/ebx008 Issue No:Vol. 31, No. 3 (2017)
Authors:van Coller A. Pages: 363 - 376 Abstract: ABSTRACTThe practice commonly referred to as ‘child marriage’ constitutes a human rights violation against a vulnerable person. Child marriage results in lifelong deleterious consequences for countless children. The child is placed in an environment whereby the parent/child relationship is prematurely terminated for an inappropriate purpose. This practice is an affront to childhood, marriage, and the family and should not be confused with adult marriage. This article argues that the effective elimination of child marriage requires, in part, that the practice be correctly named and defined and therefore that use of the term ‘marriage’ in ‘child marriage’ is misleading and inappropriate. A new term ‘paedogamy’ is proposed to accurately describe this practice. A definition of paedogamy is also presented to incorporate all the elements thereof and to reflect the inherent harmful nature of the practice. PubDate: Mon, 25 Sep 2017 00:00:00 GMT DOI: 10.1093/lawfam/ebx011 Issue No:Vol. 31, No. 3 (2017)
Hybrid journal (It can contain Open Access articles)
[372 journals]
