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Distribution of property at the termination of de facto unions (marriages by cohabitation/repute) in some African countries 在一些非洲国家,事实上的结合(同居/名誉婚姻)结束时财产的分配
IF 0.8 4区 社会学 Q3 FAMILY STUDIES Pub Date : 2023-01-01 DOI: 10.1093/lawfam/ebad015
J. D. Mujuzi
Many African countries have ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Article 16(1) of CEDAW provides for, inter alia, the right to equality in a marriage. The drafting history of Article 16 of CEDAW shows that the delegates agreed that the whole provision was applicable to women whether or not they were married. In its General Recommendation No. 29 on Marriage and Family Relations, the CEDAW Committee provides interpretive guidance for states on Article 16 and, inter alia, highlights the economic hardships that women face at the termination of de facto unions or relationships (marriages by cohabitation) and urged state parties to protect the economic rights of women in such relationships. African countries have approached the issue of de facto relationships in different ways. These approaches have also determined the manner in which the economic rights of parties to these relationships are protected. In some countries such as Malawi and Tanzania, legislation recognizes such unions. In Kenya, although these unions are not recognized by legislation, they are recognized by courts. Courts have also recognized some economic rights of parties therein. In Seychelles, a ‘hybrid’ approach has been followed in terms of which these rights are protected in both legislation and case law. In Uganda, South Africa, Zambia, Ghana, Zimbabwe, Lesotho, Swaziland, and Rwanda, de facto unions are neither recognized in legislation nor in case law. However, courts have invoked principles from other branches of law such as the law of equity (constructive trusts and proprietary estoppel), partnerships and the right to property to protect the economic rights of the parties in these unions. In this article, the author demonstrates the approaches taken by courts in countries where de facto unions are not recognized by legislation (Uganda, South Africa, Zambia, Ghana, Zimbabwe, Lesotho, Namibia, Eswatini (Swaziland), and Rwanda) to protect the economic rights of the parties when these relationships are terminated.
许多非洲国家批准了《消除对妇女一切形式歧视公约》。《消除对妇女歧视公约》第16(1)条除其他外规定了婚姻平等的权利。《消除对妇女一切形式歧视公约》第16条的起草历史表明,代表们一致认为,整个规定适用于妇女,无论她们是否已婚。消除对妇女歧视委员会在其关于婚姻和家庭关系的第29号一般性建议中为各国提供了关于第16条的解释性指导,除其他外,强调了妇女在终止事实上的结合或关系(同居婚姻)时面临的经济困难,并敦促缔约国保护妇女在这种关系中的经济权利。非洲国家以不同的方式处理事实上的关系问题。这些做法还决定了保护这些关系各方经济权利的方式。在一些国家,如马拉维和坦桑尼亚,立法承认这种结合。在肯尼亚,虽然这些工会不被立法承认,但它们得到了法院的承认。法院也承认了其中当事人的一些经济权利。在塞舌尔,采取了一种“混合”办法,在立法和判例法中保护这些权利。在乌干达、南非、赞比亚、加纳、津巴布韦、莱索托、斯威士兰和卢旺达,事实上的结合既没有在立法中得到承认,也没有在判例法中得到承认。然而,法院援引了其他法律部门的原则,如衡平法(建设性信托和所有权禁止反悔)、合伙关系和财产权,以保护这些联盟中各方的经济权利。在这篇文章中,作者展示了在事实上的婚姻不被立法承认的国家(乌干达、南非、赞比亚、加纳、津巴布韦、莱索托、纳米比亚、斯威士兰和卢旺达),法院在这些关系终止时采取的保护当事人经济权利的方法。
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引用次数: 0
How people’s concepts of marriage, childbearing, childrearing, and child education affect their fertility willingness and behaviour under the three-child policy in China? 在中国的三孩政策下,人们的婚姻、生育、养育和教育观念如何影响他们的生育意愿和行为?
4区 社会学 Q3 FAMILY STUDIES Pub Date : 2023-01-01 DOI: 10.1093/lawfam/ebad028
Qingmin Guo
Abstract Fertility is not only related to childbearing but also relevant to marriage, childrearing, and child education. To explore how Chinese people’s concepts of marriage, childbearing, childrearing, and child education affect their fertility willingness and behaviour in the context of the three-child policy, an empirical investigation was conducted through a questionnaire survey of 507 respondents and semi-structured interviews with 40 respondents in 2022. Some key issues are revealed: First, betrothal gifts are commonly recognized; late marriage is widely accepted; and out-of-wedlock birth is largely disapproved. Secondly, the importance of traditional reproductive purposes has declined but still significantly affects some respondents. Fertility willingness is very low for three children but relatively high for two children. The four most important reasons for not having three children are: limited economic conditions; shortage of childcare; high costs of raising children; and concerns about career development. Thirdly, grandparents are the primary child caregivers in addition to parents. Women undertake more childcare compared with their spouses. Inclusive and high-quality childcare services are highly needed. Fourthly, the family is over-reliant on school education but undervalues family education. The costs of education and training are the primary financial burden of childrearing. This article puts forward four recommendations following a discussion of the investigation.
生育不仅与生育有关,还与婚姻、育儿、子女教育有关。为了探讨三孩政策背景下中国人的婚姻、生育、育儿和子女教育观念如何影响他们的生育意愿和行为,本研究于2022年通过507名受访者的问卷调查和40名受访者的半结构化访谈进行了实证调查。揭示了几个关键问题:首先,聘礼是公认的;晚婚被广泛接受;非婚生育在很大程度上是不被认可的。其次,传统生殖目的的重要性有所下降,但仍对一些受访者产生重大影响。三个孩子的生育意愿很低,而两个孩子的生育意愿相对较高。不生三个孩子的四个最重要的原因是:经济条件有限;儿童保育不足;抚养孩子的成本高;以及对职业发展的担忧。第三,除了父母之外,祖父母是儿童的主要照顾者。与配偶相比,女性承担了更多的育儿责任。我们非常需要包容性和高质量的托儿服务。第四,家庭过度依赖学校教育而低估家庭教育。教育和培训费用是养育子女的主要经济负担。本文通过对调查的讨论,提出了四点建议。
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引用次数: 0
Facial kinship verification and searching for genetic origins in gamete/embryo donor conception—an overview of potential legal and ethical issues 配子/胚胎供体受孕中面部亲属验证和寻找遗传起源-潜在法律和伦理问题概述
4区 社会学 Q3 FAMILY STUDIES Pub Date : 2023-01-01 DOI: 10.1093/lawfam/ebad026
Rafał Łukasiewicz, Lucy Frith, Caroline Redhead
Abstract The aim of Facial Kinship Verification (FKV) technologies is to determine, by comparing images of their faces, whether two people are related genetically. FKV is developing rapidly, and it could be used to search for genetic relatives in a variety of ways and settings, such as searching for missing children or unknown parents. In this article, we focus on one area where this technology might have significant implications, the searching for gamete (egg and sperm) and embryo donor(s) by donor-conceived people. In many jurisdictions, donor-conceived people do not have access to information about their donor’s identity, and laws differ significantly in this area. We offer an initial overview of the legal and related ethical issues raised by FKV in this context, and touch on other areas where it might be used to find genetic relatives, as a starting point for further analysis and research.
面部亲属关系验证(FKV)技术的目的是通过比较面部图像来确定两个人是否有遗传关系。FKV正在迅速发展,它可用于以各种方式和环境寻找遗传亲缘关系,例如寻找失踪儿童或未知父母。在这篇文章中,我们关注的是这项技术可能具有重大意义的一个领域,即通过捐赠者怀孕的人寻找配子(卵子和精子)和胚胎捐赠者。在许多司法管辖区,由捐赠者受孕的人无法获得有关其捐赠者身份的信息,这方面的法律差别很大。在此背景下,我们提供了FKV引起的法律和相关伦理问题的初步概述,并触及了可能用于寻找遗传亲属的其他领域,作为进一步分析和研究的起点。
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引用次数: 0
Cohabitant protection on relationship breakdown in Ireland: A lesson in illusory justice? 爱尔兰婚姻关系破裂时的同居保护:一个虚幻正义的教训?
IF 0.8 4区 社会学 Q3 FAMILY STUDIES Pub Date : 2023-01-01 DOI: 10.1093/lawfam/ebad017
K. O’Sullivan
The issue of how best to respond to the needs of cohabitants on relationship breakdown continues to generate significant discussion. Law reform and parliamentary bodies in jurisdictions as disparate as England and Wales, Scotland, New Zealand, and Alberta, Canada have each recently reflected on their laws in this regard, advancing proposals for reform. Almost all of these international bodies considered the statutory cohabitation scheme adopted in Ireland. However, despite being in place for over a decade, there has been no thorough examination of emerging case law under its Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 nor any investigation into the effectiveness of the system in protecting vulnerable cohabitants on relationship breakdown. Relying on the latest jurisprudence and available data, this article takes the first step in addressing this lacuna in the literature. Having identified serious limitations in the regime, particularly its stringent eligibility requirements, it presents the first meaningful research to tease out how the Irish scheme could be improved and presents a proposal for reform.
如何最好地回应同居者在关系破裂时的需求,这一问题继续引发重大讨论。英格兰、威尔士、苏格兰、新西兰和加拿大阿尔伯塔等不同司法管辖区的法律改革和议会机构最近都在这方面反思了各自的法律,提出了改革建议。几乎所有这些国际机构都审议了爱尔兰通过的法定同居计划。然而,尽管已经实施了十多年,但在《2010年民事伴侣关系和同居者的某些权利和义务法》下,对新出现的判例法没有进行彻底的审查,也没有对该制度在保护关系破裂时脆弱的同居者方面的有效性进行任何调查。依靠最新的法学和现有的数据,本文采取了解决这一空白在文献的第一步。在确定了该制度的严重局限性,特别是其严格的资格要求之后,它提出了第一个有意义的研究,梳理出如何改进爱尔兰的计划,并提出了改革建议。
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引用次数: 0
Still a private matter? Evaluating the Irish State’s response to domestic abuse 还是私事?评估爱尔兰政府对家庭虐待的反应
IF 0.8 4区 社会学 Q3 FAMILY STUDIES Pub Date : 2023-01-01 DOI: 10.1093/lawfam/ebad008
S. Leahy
The Domestic Violence Act 2018 (DVA 2018) reformed Irish law on domestic abuse, providing some welcome advancements on the preceding law in this area (eg criminalizing coercive control). However, while the Act represents an improvement on the previous legislation, there remains an orientation towards private, civil law responses to domestic abuse, rather than a promotion of proactive State-led responses which recognize domestic abuse as a public wrong. Consequently, this article argues that the so-called ‘public–private dichotomy’ traditionally associated with domestic abuse is still evident in Ireland. The article begins with an analysis of evidence of the public–private dichotomy in operation in Irish domestic abuse law and policy. Prevailing efforts to recognize domestic abuse as a public wrong are then examined via a discussion of the provisions of the DVA 2018 and an evaluation of the current response of the criminal justice system to domestic abuse. This examination highlights shortcomings in Irish legislation, policy, and practice, which result in domestic abuse still being treated primarily as a private problem. Consequently, the article concludes by suggesting law and policy reforms that would promote a more effective recognition of domestic abuse as a public wrong which requires a proactive, State-led response.
《2018年家庭暴力法》(DVA 2018)改革了爱尔兰关于家庭虐待的法律,在这一领域的先前法律基础上取得了一些可喜的进展(例如将强制控制定为刑事犯罪)。然而,尽管该法案代表着对以前立法的改进,但仍然倾向于对家庭虐待采取私法和民法应对措施,而不是促进国家主导的积极应对措施,承认家庭虐待是一种公共错误。因此,本文认为,传统上与家庭虐待有关的所谓“公共-私人二分法”在爱尔兰仍然很明显。文章首先分析了爱尔兰家庭虐待法律和政策中公私二分的证据。随后,通过对《2018年家庭暴力法》条款的讨论和对刑事司法系统目前对家庭虐待的反应的评估,对承认家庭虐待是公共错误的普遍努力进行了审查。这项审查突显了爱尔兰立法、政策和实践中的缺陷,这些缺陷导致家庭虐待仍然主要被视为一个私人问题。因此,文章最后建议进行法律和政策改革,以促进更有效地承认家庭虐待是一种公共错误,这需要国家主导的积极应对措施。
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引用次数: 0
Divorce and Democracy: A History of Personal Law in Post-Independence India, S. Saxena 离婚与民主:独立后印度属人法的历史,S. Saxena
IF 0.8 4区 社会学 Q3 FAMILY STUDIES Pub Date : 2023-01-01 DOI: 10.1093/lawfam/ebad006
Sanskriti Sanghi
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引用次数: 0
UK intended parents’ characteristics, experiences, and views on surrogacy law reform 英国意向父母的特点、经验及对代孕法律改革的看法
IF 0.8 4区 社会学 Q3 FAMILY STUDIES Pub Date : 2023-01-01 DOI: 10.1093/lawfam/ebad004
Kirsty Horsey, M. Arian-Schad, N. Macklon, K. Ahuja
What are intended parents’ experiences of surrogacy, understandings of the law, and views on legal reform, and how do these compare with those of surrogates? We conducted an online retrospective survey of intended parents who had treatment with a gestational surrogate in two clinics between March 2014 and October 2021. The 61 respondents ranged in age, occupation, and household income. Generally, they reported higher household incomes than surrogates, though this was not universal. Just over half of the respondents were heterosexual, while almost half were in same-sex male couples. Most were White. Over half met the surrogate through a non-profit surrogacy organization or ‘online’. Most successfully established a pregnancy on their first surrogacy journey; in most of these cases, the surrogate delivered a child. Most respondents believed surrogates should not be the legal mother and there was general support for proposed reforms that would recognize intended parents as legal parents from birth. More ambivalence was apparent in relation to finances though expense models were preferred over payment models. There was general support for advertising. The UK anticipates draft new surrogacy legislation in spring 2023. This study could inform public and parliamentary debates in the UK and elsewhere. Moreover, the results from this survey can assist in the development of good practice models for the care of intended parents on the surrogate pathway.
代孕父母的代孕经历、对法律的理解、对法律改革的看法是什么?这些与代孕者的经历有何不同?我们对2014年3月至2021年10月期间在两家诊所接受妊娠代孕治疗的准父母进行了在线回顾性调查。61名受访者的年龄、职业和家庭收入各不相同。一般来说,她们的家庭收入高于代孕妈妈,尽管这并不普遍。超过一半的受访者是异性恋者,而几乎一半的受访者是同性伴侣。大多数是白人。超过一半的人是通过非营利代孕机构或“网上”找到代孕妈妈的。大多数人在第一次代孕时成功怀孕;在大多数情况下,代孕生下了孩子。大多数受访者认为代孕母亲不应该是合法的母亲,普遍支持拟议的改革,即承认准父母从出生起就是合法的父母。在财务方面,尽管费用模式比支付模式更受欢迎,但更明显的矛盾心理。人们普遍支持做广告。英国预计将在2023年春季起草新的代孕立法。这项研究可以为英国和其他地方的公众和议会辩论提供信息。此外,这项调查的结果可以帮助发展良好的实践模式,照顾代孕途径的意向父母。
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引用次数: 1
Factors associated with formal help-seeking for domestic violence in urban China 中国城市家庭暴力正式求助的相关因素
IF 0.8 4区 社会学 Q3 FAMILY STUDIES Pub Date : 2023-01-01 DOI: 10.1093/lawfam/ebad012
Wenyi Lin, D. Yuan
The promulgation and implementation of the China Anti-Domestic Violence Law have effectively solved many problems related to domestic violence at the legislative level, but the law received no clear feedback when implemented in specific communities. This study aims to examine factors associated with formal help-seeking for domestic violence in urban China. This study mainly collected survey data in a neighbourhood community in Y City, Guangdong Province of China. A total of 1,062 valid samples were used for analysis. Our findings demonstrate the awareness of the definition, nature, types and harm of domestic violence, the perception regarding the propaganda and the implementation of domestic violence, and the influence of individual experience of domestic violence have impacts on the intention to seek formal help. However, the traditional cultural perspective is not associated with the intention to seek formal help. Policymakers and practitioners should vigorously promote anti-domestic violence laws and related projects to inform people about domestic violence and improve the implementation of anti-domestic violence policies and programmes.
《中国反家庭暴力法》的颁布实施,在立法层面有效解决了许多与家庭暴力有关的问题,但在具体的社区实施中,法律没有得到明确的反馈。本研究旨在探讨中国城市家庭暴力正式求助的相关因素。本研究主要收集了中国广东省Y市某邻里社区的调查数据。共使用1062份有效样本进行分析。研究结果显示,对家庭暴力的定义、性质、类型和危害的认知、对家庭暴力宣传和实施的认知以及个人家庭暴力经历的影响对寻求正式帮助的意愿有影响。然而,传统的文化观点与寻求正式帮助的意图并不相关。政策制定者和从业人员应大力推动反家庭暴力法律和相关项目,使人们了解家庭暴力,改进反家庭暴力政策和方案的实施。
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引用次数: 0
Family Life, Family Law, and Family Justice: Tying the Knot, Marsha Garrison 家庭生活、家庭法律和家庭正义:打结,玛莎·加里森
IF 0.8 4区 社会学 Q3 FAMILY STUDIES Pub Date : 2023-01-01 DOI: 10.1093/lawfam/ebad014
Matt Hasler
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引用次数: 0
Families of choice with no choice: remarks concerning the situation of families of choice in Polish law 没有选择的选择家庭:关于波兰法律中选择家庭的情况的评论
IF 0.8 4区 社会学 Q3 FAMILY STUDIES Pub Date : 2023-01-01 DOI: 10.1093/lawfam/ebad005
Marlena Drapalska-Grochowicz
This article focuses on the situation of families of choice in Polish law. The first research objective was to determine whether and how parenting in families of choice is regulated by law. To achieve this goal, the author analysed appropriate statute and case law, taking into account the sociological and psychological background of family relationships. The second objective was to find legal and non-legal factors affecting the current situation of families of choice in Polish law. Then it was assessed whether it is possible to provide court protection to the families of choice in the process of applying current regulations. This article shows that although the Polish legislator considers family life an important value, it is restricted to a specific understanding of family. Neither the Polish legislator nor the legal discourse recognize the needs of the families of choice, and the chances of changing the current situation are small.
这篇文章的重点是波兰法律中选择家庭的情况。第一个研究目标是确定法律是否以及如何规范选择家庭的育儿方式。为了实现这一目标,作者分析了适当的法规和判例法,同时考虑到家庭关系的社会学和心理学背景。第二个目标是找出影响波兰法律中选择家庭现状的法律和非法律因素。然后评估了在适用现行法规的过程中是否有可能为所选择的家庭提供法院保护。这篇文章表明,尽管波兰立法者认为家庭生活是一种重要的价值观,但它仅限于对家庭的具体理解。波兰立法者和法律话语都不承认所选家庭的需求,改变当前局势的可能性很小。
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引用次数: 0
期刊
International Journal of Law Policy and the Family
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