首页 > 最新文献

International Journal of Law Policy and the Family最新文献

英文 中文
Surrogates’, intended parents’, and professionals’ perspectives on ways to improve access to surrogacy in Australia 代孕者、意向父母和专业人士对改善澳大利亚代孕途径的看法
IF 0.8 4区 社会学 Q3 FAMILY STUDIES Pub Date : 2024-07-05 DOI: 10.1093/lawfam/ebae009
Ezra Kneebone, Karin Hammarberg, Kiri Beilby
While altruistic surrogacy arrangements are permitted in Australia, commercial ones are not. Regardless of this, most intended parents undertake commercial arrangements by bypassing domestic laws and engaging with foreign surrogates. Considering the welfare risks and ethical concerns associated with international surrogacy, developing a more accessible model of surrogacy in Australia has been proposed as a harm minimization approach. This study aims to describe how Australians who have navigated or facilitated surrogacy believe access to arrangements could be improved. Australian surrogates, intended parents, parents through surrogacy, and surrogacy professionals were interviewed, and interview transcripts were analysed thematically. The themes identified were ‘improve public awareness’, ‘develop policies to guide healthcare practitioners’, ‘establish agencies’, and ‘reform the law’. ‘Reform the law’ had four sub-themes: ‘harmonise laws across the states and territories’; ‘grant intended parents legal parenthood at birth’; ‘legalise commercial surrogacy and gamete donation’; and ‘fair surrogate compensation’. Findings indicate that improving access to surrogacy in Australia will require an overhaul of the legislative environment relating to surrogacy and gamete donation, policies to guide healthcare practitioners, and public awareness campaigns.
澳大利亚允许利他代孕安排,但不允许商业代孕安排。尽管如此,大多数意向父母还是绕过国内法律,与外国代孕者达成商业安排。考虑到与国际代孕相关的福利风险和伦理问题,有人建议在澳大利亚开发一种更容易获得的代孕模式,作为一种伤害最小化的方法。本研究旨在描述曾参与或促成代孕的澳大利亚人如何看待代孕安排的可及性。我们对澳大利亚代孕者、意向父母、代孕父母和代孕专业人员进行了访谈,并对访谈记录进行了专题分析。确定的主题包括 "提高公众意识"、"制定政策指导医疗从业人员"、"建立机构 "和 "改革法律"。法律改革 "有四个次主题:"协调各州和地区的法律";"给予有意父母出生时的合法父母身份";"商业代孕和配子捐赠合法化";以及 "公平的代孕补偿"。研究结果表明,要改善澳大利亚的代孕机会,就必须彻底改革与代孕和配子捐赠相关的立法环境,制定指导医疗从业人员的政策,并开展提高公众认识的活动。
{"title":"Surrogates’, intended parents’, and professionals’ perspectives on ways to improve access to surrogacy in Australia","authors":"Ezra Kneebone, Karin Hammarberg, Kiri Beilby","doi":"10.1093/lawfam/ebae009","DOIUrl":"https://doi.org/10.1093/lawfam/ebae009","url":null,"abstract":"While altruistic surrogacy arrangements are permitted in Australia, commercial ones are not. Regardless of this, most intended parents undertake commercial arrangements by bypassing domestic laws and engaging with foreign surrogates. Considering the welfare risks and ethical concerns associated with international surrogacy, developing a more accessible model of surrogacy in Australia has been proposed as a harm minimization approach. This study aims to describe how Australians who have navigated or facilitated surrogacy believe access to arrangements could be improved. Australian surrogates, intended parents, parents through surrogacy, and surrogacy professionals were interviewed, and interview transcripts were analysed thematically. The themes identified were ‘improve public awareness’, ‘develop policies to guide healthcare practitioners’, ‘establish agencies’, and ‘reform the law’. ‘Reform the law’ had four sub-themes: ‘harmonise laws across the states and territories’; ‘grant intended parents legal parenthood at birth’; ‘legalise commercial surrogacy and gamete donation’; and ‘fair surrogate compensation’. Findings indicate that improving access to surrogacy in Australia will require an overhaul of the legislative environment relating to surrogacy and gamete donation, policies to guide healthcare practitioners, and public awareness campaigns.","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2024-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141548576","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Introducing a randomized controlled trial into Family Proceedings: Describing the ‘how?’ and defending the ‘why?’ 在家庭诉讼程序中引入随机对照试验:描述 "如何 "并为 "为什么 "辩护?
IF 0.8 4区 社会学 Q2 Social Sciences Pub Date : 2023-12-12 DOI: 10.1093/lawfam/ebad024
Carol Atkinson, Matt Forde, Karen Crawford, Marion Henderson, Philip Wilson, Dennis Ougrin, Helen Minnis
In 2011, a randomized controlled trial (RCT) of a mental health intervention for families with children under the age of 5 years coming into the Scottish care system was launched, called the Best Services Trial (BeST). When attempts were made to expand the study to English sites, the local leadership Judge objected, concerned that randomization in family proceedings was unfair, potentially discriminatory, and unlawful. Considerations about parental consent, fairness of randomization, and an understanding that the new intervention might be no better, or even harmful, compared to current best practices were crucial in addressing these concerns. In 2017, BeST was launched in England utilizing a randomized methodology. Significant input into the design of BeST came from the leadership Judge who had previously considered randomization unlawful. In July 2021, 383 families with 488 children had been recruited across both Scottish and English sites. Follow-up continues and 76 per cent of families continue to participate at 2.5 years after entering the study. Although there were undoubted challenges in designing and implementing BeST, with hindsight, the objections raised to the testing of interventions randomly were demonstrably resolvable and the process of randomization encountered no legal challenges. This is the first time an RCT has been accommodated within live proceedings in the family justice arena in England and Wales and one of a relatively few such RCTs conducted internationally.
2011 年,一项名为 "最佳服务试验"(Best Services Trial,BST)的随机对照试验(RCT)正式启动,该试验针对的是苏格兰照护系统中拥有 5 岁以下儿童的家庭的心理健康干预措施。当试图将该研究扩展到英国的研究地点时,当地的领导法官表示反对,认为在家庭诉讼中进行随机化是不公平的,可能具有歧视性,也是不合法的。考虑家长同意、随机化的公平性,以及理解新的干预措施与当前的最佳实践相比可能没有更好的效果,甚至有害,是解决这些问题的关键。2017 年,英国采用随机方法推出了 BeST。对 BeST 的设计提出重要意见的是领导层法官,他们之前曾认为随机化是不合法的。2021 年 7 月,苏格兰和英格兰两地共招募了 383 个家庭和 488 名儿童。后续跟踪仍在继续,76% 的家庭在进入研究 2.5 年后仍在继续参与。尽管在设计和实施 BeST 的过程中无疑会遇到各种挑战,但事后看来,对随机测试干预措施提出的反对意见显然是可以解决的,随机化过程也没有遇到任何法律挑战。这是英格兰和威尔士首次在家庭司法领域的现场诉讼中进行 RCT 研究,也是国际上开展的相对较少的此类 RCT 研究之一。
{"title":"Introducing a randomized controlled trial into Family Proceedings: Describing the ‘how?’ and defending the ‘why?’","authors":"Carol Atkinson, Matt Forde, Karen Crawford, Marion Henderson, Philip Wilson, Dennis Ougrin, Helen Minnis","doi":"10.1093/lawfam/ebad024","DOIUrl":"https://doi.org/10.1093/lawfam/ebad024","url":null,"abstract":"In 2011, a randomized controlled trial (RCT) of a mental health intervention for families with children under the age of 5 years coming into the Scottish care system was launched, called the Best Services Trial (BeST). When attempts were made to expand the study to English sites, the local leadership Judge objected, concerned that randomization in family proceedings was unfair, potentially discriminatory, and unlawful. Considerations about parental consent, fairness of randomization, and an understanding that the new intervention might be no better, or even harmful, compared to current best practices were crucial in addressing these concerns. In 2017, BeST was launched in England utilizing a randomized methodology. Significant input into the design of BeST came from the leadership Judge who had previously considered randomization unlawful. In July 2021, 383 families with 488 children had been recruited across both Scottish and English sites. Follow-up continues and 76 per cent of families continue to participate at 2.5 years after entering the study. Although there were undoubted challenges in designing and implementing BeST, with hindsight, the objections raised to the testing of interventions randomly were demonstrably resolvable and the process of randomization encountered no legal challenges. This is the first time an RCT has been accommodated within live proceedings in the family justice arena in England and Wales and one of a relatively few such RCTs conducted internationally.","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138580625","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The expert witness—psychologists and judicial gatekeepers in the family court 专家证人——家庭法庭的心理学家和司法看门人
IF 0.8 4区 社会学 Q2 Social Sciences Pub Date : 2023-11-24 DOI: 10.1093/lawfam/ebad030
Emily Schindeler
Since the 17th-century witch trials, the expert witness has been an intrinsic part of the operation of the legal system. This article builds on a prior analysis of Australian family law cases involving allegations of child sex abuse, which revealed experts representing multiple agencies and disciplinary perspectives present conflicting risk assessments for the same case. This second stage of inductive research examined Family Court appeal cases involving psychologists as an expert witness in child custody disputes. It uncovered risks arising from the way in which determinative weight is ascribed by judges to such testimony and a lack of processes for identifying potential disciplinary or professional biases. This has led to a core finding that there is a need for more explicit agreement as to what counts as specialist knowledge, particularly in matters lacking intra-disciplinary consensus and how it is achieved. Equally, there is a need for enforcing compliance with existing Rules that require making clear the methods or practices, relevant facts, matters, and assumptions employed in forming opinions as well as acknowledging alternative opinions that may be relevant. This will support judicial practice associated with determining the reliability and weight ascribed to such advice. Many of the concerns raised here are relevant to other issues the family court considers and relies upon claims of expert knowledge.
自17世纪的女巫审判以来,专家证人一直是法律体系运作的一个内在组成部分。本文建立在先前对涉及儿童性虐待指控的澳大利亚家庭法案件的分析基础上,这些案件揭示了代表多个机构和学科观点的专家对同一案件提出了相互矛盾的风险评估。第二阶段的归纳研究审查了涉及心理学家作为儿童监护纠纷专家证人的家事法院上诉案件。它揭示了法官对这种证词赋予决定性权重的方式以及缺乏查明潜在的纪律或专业偏见的程序所产生的风险。这导致了一个核心发现,即需要对什么是专业知识达成更明确的协议,特别是在缺乏学科内部共识的问题上以及如何实现这一共识。同样,有必要强制遵守现有规则,这些规则要求明确在形成意见时所采用的方法或做法、相关事实、事项和假设,并承认可能相关的其他意见。这将支持与确定这种咨询意见的可靠性和重要性有关的司法实践。这里提出的许多问题与家事法院考虑的其他问题有关,并依赖于专家知识的主张。
{"title":"The expert witness—psychologists and judicial gatekeepers in the family court","authors":"Emily Schindeler","doi":"10.1093/lawfam/ebad030","DOIUrl":"https://doi.org/10.1093/lawfam/ebad030","url":null,"abstract":"Since the 17th-century witch trials, the expert witness has been an intrinsic part of the operation of the legal system. This article builds on a prior analysis of Australian family law cases involving allegations of child sex abuse, which revealed experts representing multiple agencies and disciplinary perspectives present conflicting risk assessments for the same case. This second stage of inductive research examined Family Court appeal cases involving psychologists as an expert witness in child custody disputes. It uncovered risks arising from the way in which determinative weight is ascribed by judges to such testimony and a lack of processes for identifying potential disciplinary or professional biases. This has led to a core finding that there is a need for more explicit agreement as to what counts as specialist knowledge, particularly in matters lacking intra-disciplinary consensus and how it is achieved. Equally, there is a need for enforcing compliance with existing Rules that require making clear the methods or practices, relevant facts, matters, and assumptions employed in forming opinions as well as acknowledging alternative opinions that may be relevant. This will support judicial practice associated with determining the reliability and weight ascribed to such advice. Many of the concerns raised here are relevant to other issues the family court considers and relies upon claims of expert knowledge.","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138494432","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Same-sex families’ rights and the European Union: incompatible or promising relationship? 同性家庭的权利与欧盟:不相容还是充满希望的关系?
IF 0.8 4区 社会学 Q2 Social Sciences Pub Date : 2023-01-01 DOI: 10.1093/lawfam/ebad001
Lenka Křičková
This article deals with the role of the European Union (EU) in enhancing rights of same-sex couples and their children (‘rainbow families’). It describes EU actions in this area and examines what influence they can have within the Member States, using the Czech Republic as a case study. The article argues that, despite the EU’s general lack of competence in family law matters, the relationship between the EU and rainbow families’ rights, in theory, no longer appears incompatible, but rather promising, as the EU bodies have found ways to address these issues. In practical terms. However, the question raised in this article’s title cannot be definitively answered without data from the Member States. Here, the findings from the Czech Republic demonstrate that the EU law’s potential has not been fulfilled in practice yet. Therefore, it would be too soon to celebrate the EU as a significant player in the rainbow families’ rights arena. As the Czech example suggests, if the EU wants to truly enhance rainbow families’ rights, it will probably need to be more explicit about that because the Member States, particularly their national courts, may not find or pave the way to utilize EU law themselves.
本文论述了欧盟在加强同性伴侣及其子女(“彩虹家庭”)权利方面的作用。它以捷克共和国为案例研究,描述了欧盟在这一领域的行动,并考察了这些行动在成员国内部可能产生的影响。文章认为,尽管欧盟在家庭法问题上普遍缺乏能力,但理论上,欧盟与彩虹家庭权利之间的关系似乎不再不相容,而是充满希望,因为欧盟机构已经找到了解决这些问题的方法。实际上。然而,如果没有会员国的数据,就无法明确回答本条标题中提出的问题。捷克共和国的调查结果表明,欧盟法律的潜力尚未在实践中得到发挥。因此,现在庆祝欧盟成为彩虹家族权利舞台上的重要参与者还为时过早。正如捷克的例子所表明的那样,如果欧盟想真正加强彩虹家庭的权利,它可能需要更明确地说明这一点,因为成员国,特别是其国家法院,可能无法自己找到或铺平利用欧盟法律的道路。
{"title":"Same-sex families’ rights and the European Union: incompatible or promising relationship?","authors":"Lenka Křičková","doi":"10.1093/lawfam/ebad001","DOIUrl":"https://doi.org/10.1093/lawfam/ebad001","url":null,"abstract":"\u0000 This article deals with the role of the European Union (EU) in enhancing rights of same-sex couples and their children (‘rainbow families’). It describes EU actions in this area and examines what influence they can have within the Member States, using the Czech Republic as a case study. The article argues that, despite the EU’s general lack of competence in family law matters, the relationship between the EU and rainbow families’ rights, in theory, no longer appears incompatible, but rather promising, as the EU bodies have found ways to address these issues. In practical terms. However, the question raised in this article’s title cannot be definitively answered without data from the Member States. Here, the findings from the Czech Republic demonstrate that the EU law’s potential has not been fulfilled in practice yet. Therefore, it would be too soon to celebrate the EU as a significant player in the rainbow families’ rights arena. As the Czech example suggests, if the EU wants to truly enhance rainbow families’ rights, it will probably need to be more explicit about that because the Member States, particularly their national courts, may not find or pave the way to utilize EU law themselves.","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49456486","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Rights claims of citizen children of foreign national parents in South Africa, the UK, and the European Court of Human Rights: hierarchies of ‘illegality’ and deservingness 在南非、英国和欧洲人权法院,外籍父母的公民子女的权利主张:“非法”和应得的等级
IF 0.8 4区 社会学 Q2 Social Sciences Pub Date : 2023-01-01 DOI: 10.1093/lawfam/ebad019
J. Sloth-Nielsen, J. Collinson, A. Spalding
This article examines the South African High Court judgement in TR & others v Minister of Home Affairs & others, which is the first time that a South African court has addressed the constitutional rights of children in the immigration context. In this case, constitutional rights claims were made by South African citizen children because South African immigration law deemed a foreign national parent to be an ‘illegal alien’, subject to expulsion, as soon their spousal relationship with a South African citizen had broken down. The law allowed no other outcome, other than expulsion, regardless of the impact on the affected children. We argue, therefore, that although the High Court deployed the language of children’s dignity and best interests, TR is not really a decision about children at all. Instead, it is a judgement about whether the parents’ deserved the status of ‘illegality’, and its consequences, which had been imposed by South African immigration law. This focus on the deservingness of the parents, rather than the best interests of the children, can be found in other jurisdictions and this article explores how the law deals with similar circumstances in the UK and the European Court of Human Rights. This article concludes by arguing that Article 3 CRC requires that ‘the sins and traumas of fathers and mothers should not be visited on their children’ and that this should be foundational to the best interests of the child provision in the South African constitution in the immigration context.
本文检视南非高等法院在TR & others v Minister of Home Affairs & others一案中的判决,这是南非法院首次处理移民背景下儿童的宪法权利。在这种情况下,南非公民儿童提出宪法权利要求,因为南非移民法认为外籍父母是“非法外国人”,一旦他们与南非公民的配偶关系破裂,就会被驱逐出境。法律不允许其他结果,除了驱逐,不管对受影响的儿童有什么影响。因此,我们认为,尽管高等法院使用了儿童尊严和最大利益的语言,但TR实际上根本不是一个关于儿童的决定。相反,这是一个关于父母是否应该得到南非移民法规定的“非法移民”地位及其后果的判断。这种对父母的应得性的关注,而不是孩子的最大利益,可以在其他司法管辖区找到,本文探讨了法律如何处理英国和欧洲人权法院的类似情况。本文的结论是,《儿童权利公约》第3条要求“父亲和母亲的罪恶和创伤不应被转嫁到他们的孩子身上”,这应该是南非宪法中移民背景下儿童最大利益条款的基础。
{"title":"Rights claims of citizen children of foreign national parents in South Africa, the UK, and the European Court of Human Rights: hierarchies of ‘illegality’ and deservingness","authors":"J. Sloth-Nielsen, J. Collinson, A. Spalding","doi":"10.1093/lawfam/ebad019","DOIUrl":"https://doi.org/10.1093/lawfam/ebad019","url":null,"abstract":"\u0000 This article examines the South African High Court judgement in TR & others v Minister of Home Affairs & others, which is the first time that a South African court has addressed the constitutional rights of children in the immigration context. In this case, constitutional rights claims were made by South African citizen children because South African immigration law deemed a foreign national parent to be an ‘illegal alien’, subject to expulsion, as soon their spousal relationship with a South African citizen had broken down. The law allowed no other outcome, other than expulsion, regardless of the impact on the affected children. We argue, therefore, that although the High Court deployed the language of children’s dignity and best interests, TR is not really a decision about children at all. Instead, it is a judgement about whether the parents’ deserved the status of ‘illegality’, and its consequences, which had been imposed by South African immigration law. This focus on the deservingness of the parents, rather than the best interests of the children, can be found in other jurisdictions and this article explores how the law deals with similar circumstances in the UK and the European Court of Human Rights. This article concludes by arguing that Article 3 CRC requires that ‘the sins and traumas of fathers and mothers should not be visited on their children’ and that this should be foundational to the best interests of the child provision in the South African constitution in the immigration context.","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46273670","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Legal Recognition of Same-Sex Relationships: Emerging Families in Ireland and Beyond, Brian Tobin 《同性关系的法律认可:爱尔兰及其他地区的新兴家庭》,布莱恩·托宾著
4区 社会学 Q2 Social Sciences Pub Date : 2023-01-01 DOI: 10.1093/lawfam/ebad023
Kathryn O’Sullivan
Journal Article The Legal Recognition of Same-Sex Relationships: Emerging Families in Ireland and Beyond, Brian Tobin Get access The Legal Recognition of Same-Sex Relationships: Emerging Families in Ireland and Beyond, Brian Tobin, Hart Publishing, Oxford, 2023, pp, £85, Hardback, ISBN 978-1-50995-253-3. Kathryn O’Sullivan Kathryn O’Sullivan Associate Professor, School of Law, University of Limerick, Ireland Kathryn.OSullivan@ul.ie https://orcid.org/0000-0003-3606-9352 Search for other works by this author on: Oxford Academic Google Scholar International Journal of Law, Policy and the Family, Volume 37, Issue 1, 2023, ebad023, https://doi.org/10.1093/lawfam/ebad023 Published: 10 November 2023
期刊文章《同性关系的法律承认:爱尔兰及以外的新兴家庭》,Brian Tobin, Hart Publishing, Oxford, 2023, pp,£85,精装本,ISBN 978-1-50995-253-3。凯瑟琳·奥沙利文,副教授,法学院,利默里克大学,爱尔兰Kathryn.OSullivan@ul.ie https://orcid.org/0000-0003-3606-9352搜索作者的其他作品:牛津学术谷歌学者国际法律,政策和家庭杂志,第37卷,第1期,2023,ebad023, https://doi.org/10.1093/lawfam/ebad023出版:2023年11月10日
{"title":"<i>The Legal Recognition of Same-Sex Relationships: Emerging Families in Ireland and Beyond</i>, Brian Tobin","authors":"Kathryn O’Sullivan","doi":"10.1093/lawfam/ebad023","DOIUrl":"https://doi.org/10.1093/lawfam/ebad023","url":null,"abstract":"Journal Article The Legal Recognition of Same-Sex Relationships: Emerging Families in Ireland and Beyond, Brian Tobin Get access The Legal Recognition of Same-Sex Relationships: Emerging Families in Ireland and Beyond, Brian Tobin, Hart Publishing, Oxford, 2023, pp, £85, Hardback, ISBN 978-1-50995-253-3. Kathryn O’Sullivan Kathryn O’Sullivan Associate Professor, School of Law, University of Limerick, Ireland Kathryn.OSullivan@ul.ie https://orcid.org/0000-0003-3606-9352 Search for other works by this author on: Oxford Academic Google Scholar International Journal of Law, Policy and the Family, Volume 37, Issue 1, 2023, ebad023, https://doi.org/10.1093/lawfam/ebad023 Published: 10 November 2023","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135612108","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Surplus embryos in IVF units in Israel: patients’ attitude towards various dispositions—a bioethical analysis of empirical findings 以色列试管受精单位的剩余胚胎:患者对各种处置的态度-经验发现的生物伦理分析
4区 社会学 Q2 Social Sciences Pub Date : 2023-01-01 DOI: 10.1093/lawfam/ebad020
Sivan Tamir, Roy Gilbar
Abstract Owing to its pro-natalist approach, Israel is considered as an in-vitro fertilization (IVF) superpower. With the high number of state-funded IVF treatments, IVF units find themselves stranded with around a million cryopreserved ‘surplus’ embryos; namely, embryos neglected or forgotten by patients, or abandoned due to personal or familial circumstances. The accumulation of such a vast number of surplus embryos creates operational and economic burdens for IVF units. Attempting to better comprehend this predicament, we conducted a survey. Its findings serve as a basis for the theoretical analysis provided in this article, which is based on the tension between reproductive autonomy on the one hand, and solidarity and personal responsibility, on the other. The survey examined present and former IVF patients’ attitudes towards relevant dispositions for surplus embryos in Israel. Our findings indicated that patients express an individualistic approach to autonomy, which was reflected, for example in reluctance to donate their surplus embryos to research or discard them, even years after completing their IVF treatments. These findings and others led us to conclude that a solidarity-based policy should be imposed. We also argue that personal responsibility, via the constructs of ‘participatory patienthood’—the notion of self-empowered patients taking initiative with respect to their health—should be encouraged in supporting an ethical imperative to choose a disposition for one’s surplus embryos.
由于其亲生育的做法,以色列被认为是体外受精(IVF)的超级大国。由于国家资助的试管婴儿治疗数量众多,试管婴儿单位发现自己受困于大约100万个冷冻保存的“多余”胚胎;也就是说,胚胎被患者忽视或遗忘,或由于个人或家庭环境而被遗弃。如此大量的多余胚胎的积累给体外受精单位带来了运营和经济负担。为了更好地理解这种困境,我们进行了一项调查。它的调查结果是本文所提供的理论分析的基础,这种分析的基础是生殖自主与团结和个人责任之间的紧张关系。该调查调查了现在和以前的试管婴儿患者对以色列多余胚胎的相关处置的态度。我们的研究结果表明,患者对自主表现出一种个人主义的态度,例如,即使在完成体外受精治疗多年后,他们也不愿将多余的胚胎捐献给研究或丢弃。这些调查结果和其他结果使我们得出结论,认为应该实行一项以团结为基础的政策。我们还认为,个人责任,通过“参与式患者”的概念——自我授权的患者主动尊重他们的健康的概念——应该被鼓励,以支持一种道德要求,选择一个人多余的胚胎的处置方式。
{"title":"Surplus embryos in IVF units in Israel: patients’ attitude towards various dispositions—a bioethical analysis of empirical findings","authors":"Sivan Tamir, Roy Gilbar","doi":"10.1093/lawfam/ebad020","DOIUrl":"https://doi.org/10.1093/lawfam/ebad020","url":null,"abstract":"Abstract Owing to its pro-natalist approach, Israel is considered as an in-vitro fertilization (IVF) superpower. With the high number of state-funded IVF treatments, IVF units find themselves stranded with around a million cryopreserved ‘surplus’ embryos; namely, embryos neglected or forgotten by patients, or abandoned due to personal or familial circumstances. The accumulation of such a vast number of surplus embryos creates operational and economic burdens for IVF units. Attempting to better comprehend this predicament, we conducted a survey. Its findings serve as a basis for the theoretical analysis provided in this article, which is based on the tension between reproductive autonomy on the one hand, and solidarity and personal responsibility, on the other. The survey examined present and former IVF patients’ attitudes towards relevant dispositions for surplus embryos in Israel. Our findings indicated that patients express an individualistic approach to autonomy, which was reflected, for example in reluctance to donate their surplus embryos to research or discard them, even years after completing their IVF treatments. These findings and others led us to conclude that a solidarity-based policy should be imposed. We also argue that personal responsibility, via the constructs of ‘participatory patienthood’—the notion of self-empowered patients taking initiative with respect to their health—should be encouraged in supporting an ethical imperative to choose a disposition for one’s surplus embryos.","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134989129","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
What is ‘good’ domestic violence lawyering?: views from specialist legal services in Australia 什么是“好的”家庭暴力律师?:澳大利亚专业法律服务机构的意见
IF 0.8 4区 社会学 Q2 Social Sciences Pub Date : 2023-01-01 DOI: 10.1093/lawfam/ebac034
J. Wangmann, F. Bartlett, Becky Batagol, T. Booth, H. Douglas, M. Kaye, Kate Seear
There is increasing recognition that many lawyers, regardless of their practice area, will represent people who have both used and experienced violence in their intimate relationships. This suggests that being informed about domestic and family violence (DFV) is an important attribute of competent lawyering. Despite repeated reports and research drawing attention to poor practices, many lawyers lack DFV training. There is limited research about what it means to be a ‘good’ DFV lawyer. To explore this, we conducted focus groups with lawyers employed in specialist women’s legal services in Australia. Much work undertaken in these services involves working with clients who have experienced DFV, so these lawyers are well placed to identify features of ‘good’ DFV lawyering. The attributes for competent lawyering with people who have experienced DFV, include being knowledgeable about DFV, being trauma-informed/responsive, being knowledgeable about the law and the relevance of violence, adopting a safety lens and providing a holistic service. Our study identifies a number of areas that require further research including understanding the difference between DFV-informed lawyering and trauma-informed/responsive lawyering, and whether specific competencies are required when representing people who experience DFV or have used DFV. Despite years of research and various inquiries pointing to inadequacies and making recommendations for improvement, this article draws attention to continuing gaps in this area.
人们越来越认识到,许多律师,无论其执业领域如何,都将代表在亲密关系中使用和经历过暴力的人。这表明,了解家庭暴力是称职律师的一个重要特征。尽管一再有报告和研究提请人们注意不良做法,但许多律师缺乏DFV培训。关于成为一名“好”的DFV律师意味着什么的研究有限。为了探索这一点,我们与澳大利亚专业女性法律服务机构的律师进行了焦点小组讨论。在这些服务中进行的许多工作都涉及与有DFV经验的客户合作,因此这些律师能够很好地识别“优秀”DFV律师的特点。与经历过DFV的人一起担任称职律师的特点包括了解DFV、了解创伤/做出反应、了解法律和暴力的相关性、采用安全视角和提供全面服务。我们的研究确定了许多需要进一步研究的领域,包括了解DFV知情律师和创伤知情/反应律师之间的区别,以及在代表经历DFV或使用过DFV的人时是否需要特定的能力。尽管多年的研究和各种调查指出了不足之处并提出了改进建议,但本文提请注意这一领域的持续差距。
{"title":"What is ‘good’ domestic violence lawyering?: views from specialist legal services in Australia","authors":"J. Wangmann, F. Bartlett, Becky Batagol, T. Booth, H. Douglas, M. Kaye, Kate Seear","doi":"10.1093/lawfam/ebac034","DOIUrl":"https://doi.org/10.1093/lawfam/ebac034","url":null,"abstract":"\u0000 There is increasing recognition that many lawyers, regardless of their practice area, will represent people who have both used and experienced violence in their intimate relationships. This suggests that being informed about domestic and family violence (DFV) is an important attribute of competent lawyering. Despite repeated reports and research drawing attention to poor practices, many lawyers lack DFV training. There is limited research about what it means to be a ‘good’ DFV lawyer. To explore this, we conducted focus groups with lawyers employed in specialist women’s legal services in Australia. Much work undertaken in these services involves working with clients who have experienced DFV, so these lawyers are well placed to identify features of ‘good’ DFV lawyering. The attributes for competent lawyering with people who have experienced DFV, include being knowledgeable about DFV, being trauma-informed/responsive, being knowledgeable about the law and the relevance of violence, adopting a safety lens and providing a holistic service. Our study identifies a number of areas that require further research including understanding the difference between DFV-informed lawyering and trauma-informed/responsive lawyering, and whether specific competencies are required when representing people who experience DFV or have used DFV. Despite years of research and various inquiries pointing to inadequacies and making recommendations for improvement, this article draws attention to continuing gaps in this area.","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46055774","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Gutgläubig gelebte Statusverhältnisse—Vertrauensschutz im deutschen Namens-, Ehe- und Abstammungsrecht, Jan Ole Flindt 在德国姓氏,婚姻,家谱上的信任让·奥·弗林特
IF 0.8 4区 社会学 Q2 Social Sciences Pub Date : 2023-01-01 DOI: 10.1093/lawfam/ebad018
Joshua Kohler
{"title":"Gutgläubig gelebte Statusverhältnisse—Vertrauensschutz im deutschen Namens-, Ehe- und Abstammungsrecht, Jan Ole Flindt","authors":"Joshua Kohler","doi":"10.1093/lawfam/ebad018","DOIUrl":"https://doi.org/10.1093/lawfam/ebad018","url":null,"abstract":"","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42423348","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Das Familienrecht in seiner großen Vielfalt – Festschrift für Hans-Joachim Dose zum Ausscheiden aus dem Richterdienst, Anatol Dutta, Hartmut Guhling, and Frank Klinkhammer (eds) 多元化的家庭法——Hans-Joachim Dose zum从司法部门退休,Anatol Dutta,Hartmut Guhling和Frank Klinkhammer(编辑)
IF 0.8 4区 社会学 Q2 Social Sciences Pub Date : 2023-01-01 DOI: 10.1093/lawfam/ebad002
Jan Ole Flindt
{"title":"Das Familienrecht in seiner großen Vielfalt – Festschrift für Hans-Joachim Dose zum Ausscheiden aus dem Richterdienst, Anatol Dutta, Hartmut Guhling, and Frank Klinkhammer (eds)","authors":"Jan Ole Flindt","doi":"10.1093/lawfam/ebad002","DOIUrl":"https://doi.org/10.1093/lawfam/ebad002","url":null,"abstract":"","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46313837","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
期刊
International Journal of Law Policy and the Family
全部 Acc. Chem. Res. ACS Applied Bio Materials ACS Appl. Electron. Mater. ACS Appl. Energy Mater. ACS Appl. Mater. Interfaces ACS Appl. Nano Mater. ACS Appl. Polym. Mater. ACS BIOMATER-SCI ENG ACS Catal. ACS Cent. Sci. ACS Chem. Biol. ACS Chemical Health & Safety ACS Chem. Neurosci. ACS Comb. Sci. ACS Earth Space Chem. ACS Energy Lett. ACS Infect. Dis. ACS Macro Lett. ACS Mater. Lett. ACS Med. Chem. Lett. ACS Nano ACS Omega ACS Photonics ACS Sens. ACS Sustainable Chem. Eng. ACS Synth. Biol. Anal. Chem. BIOCHEMISTRY-US Bioconjugate Chem. BIOMACROMOLECULES Chem. Res. Toxicol. Chem. Rev. Chem. Mater. CRYST GROWTH DES ENERG FUEL Environ. Sci. Technol. Environ. Sci. Technol. Lett. Eur. J. Inorg. Chem. IND ENG CHEM RES Inorg. Chem. J. Agric. Food. Chem. J. Chem. Eng. Data J. Chem. Educ. J. Chem. Inf. Model. J. Chem. Theory Comput. J. Med. Chem. J. Nat. Prod. J PROTEOME RES J. Am. Chem. Soc. LANGMUIR MACROMOLECULES Mol. Pharmaceutics Nano Lett. Org. Lett. ORG PROCESS RES DEV ORGANOMETALLICS J. Org. Chem. J. Phys. Chem. J. Phys. Chem. A J. Phys. Chem. B J. Phys. Chem. C J. Phys. Chem. Lett. Analyst Anal. Methods Biomater. Sci. Catal. Sci. Technol. Chem. Commun. Chem. Soc. Rev. CHEM EDUC RES PRACT CRYSTENGCOMM Dalton Trans. Energy Environ. Sci. ENVIRON SCI-NANO ENVIRON SCI-PROC IMP ENVIRON SCI-WAT RES Faraday Discuss. Food Funct. Green Chem. Inorg. Chem. Front. Integr. Biol. J. Anal. At. Spectrom. J. Mater. Chem. A J. Mater. Chem. B J. Mater. Chem. C Lab Chip Mater. Chem. Front. Mater. Horiz. MEDCHEMCOMM Metallomics Mol. Biosyst. Mol. Syst. Des. Eng. Nanoscale Nanoscale Horiz. Nat. Prod. Rep. New J. Chem. Org. Biomol. Chem. Org. Chem. Front. PHOTOCH PHOTOBIO SCI PCCP Polym. Chem.
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1