Contemporary Western societies face an increasing demand for informal care. The primary goals of the present article are to understand the degree to which employment rights support the needs of working carers’ of elder age relatives and to underscore the need to promote social policies to better secure both working carers and their older relatives. Drawing on findings showing that high-intensity caregiving is associated with a reduction in the labour pool for paid work and negatively affects employment status and career, this study examines how employment legislation support working caregivers from an international perspective. The study utilizes an intrinsic and case study research design to compare the employment rights and entitlements in Australia, England, and Israel. The findings indicate that, first, all three countries surveyed provide basic protection through statutory employment rights which are categorized under three fundamental occupational entitlements: Paid or Unpaid Leave, Sick Days and Equal Rights. Secondly, while Australia and England maintain a legal right to request flexible work to care for elder relatives, the analysis foregrounds the absence of flexible employment legislation in Israel. Thought that the aim of balancing limited public resources with family resources requires a broad understanding of concrete legislation, such comparison can inform policy targeted to reconcile distress along the work–eldercare axis.
{"title":"Informal Caregivers along the Work–Eldercare Axis: A Comparative Analysis of Australia, England, and Israel","authors":"Hedva Vinarski-Peretz, D. Halperin","doi":"10.1093/lawfam/ebaa015","DOIUrl":"https://doi.org/10.1093/lawfam/ebaa015","url":null,"abstract":"\u0000 Contemporary Western societies face an increasing demand for informal care. The primary goals of the present article are to understand the degree to which employment rights support the needs of working carers’ of elder age relatives and to underscore the need to promote social policies to better secure both working carers and their older relatives. Drawing on findings showing that high-intensity caregiving is associated with a reduction in the labour pool for paid work and negatively affects employment status and career, this study examines how employment legislation support working caregivers from an international perspective. The study utilizes an intrinsic and case study research design to compare the employment rights and entitlements in Australia, England, and Israel. The findings indicate that, first, all three countries surveyed provide basic protection through statutory employment rights which are categorized under three fundamental occupational entitlements: Paid or Unpaid Leave, Sick Days and Equal Rights. Secondly, while Australia and England maintain a legal right to request flexible work to care for elder relatives, the analysis foregrounds the absence of flexible employment legislation in Israel. Thought that the aim of balancing limited public resources with family resources requires a broad understanding of concrete legislation, such comparison can inform policy targeted to reconcile distress along the work–eldercare axis.","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2021-03-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45398417","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}
{"title":"Compendium of Inclusive Family Law, Søren Laursen.","authors":"Alina Tryfonidou","doi":"10.1093/LAWFAM/EBAB048","DOIUrl":"https://doi.org/10.1093/LAWFAM/EBAB048","url":null,"abstract":"","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2021-03-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48347066","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}
{"title":"La autoinseminación: decisiones reproductivas privadas y formación de relaciones familiares, Amaia Forcada Rubio, Thomson Reuters Aranzadi","authors":"Giulia Giovannini","doi":"10.1093/lawfam/ebab032","DOIUrl":"https://doi.org/10.1093/lawfam/ebab032","url":null,"abstract":"","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2021-03-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41769881","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}
This article considers the rights of surrogate born children to access information about their origins. Proposals for reform in the UK and Ireland are discussed, and it is argued that there needs to be a greater consideration of children’s rights law in this context. In particular, it is observed that restricting children’s access to identifying information until they are 18 years old must be reconsidered. There is a myriad of reasons for this, not least obligations under international human rights law, as well as evidence from research which demonstrates that children should be informed about their origins and birth story at a young age. The introduction of a minimum age limit under the age of 18 years, to access identifying information, as is evident in some jurisdictions, is considered. Children’s access to information in the context of international surrogacy arrangements is also discussed. It is concluded that legislators should seek to take a children’s rights approach, and facilitate children in accessing information about their origins during their childhood.
{"title":"Surrogate Born Children’s Access to Information About Their Origins","authors":"E. O’Callaghan","doi":"10.1093/lawfam/ebab009","DOIUrl":"https://doi.org/10.1093/lawfam/ebab009","url":null,"abstract":"\u0000 This article considers the rights of surrogate born children to access information about their origins. Proposals for reform in the UK and Ireland are discussed, and it is argued that there needs to be a greater consideration of children’s rights law in this context. In particular, it is observed that restricting children’s access to identifying information until they are 18 years old must be reconsidered. There is a myriad of reasons for this, not least obligations under international human rights law, as well as evidence from research which demonstrates that children should be informed about their origins and birth story at a young age. The introduction of a minimum age limit under the age of 18 years, to access identifying information, as is evident in some jurisdictions, is considered. Children’s access to information in the context of international surrogacy arrangements is also discussed. It is concluded that legislators should seek to take a children’s rights approach, and facilitate children in accessing information about their origins during their childhood.","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2021-03-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46190813","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}
{"title":"Review of Domestic Abuse and Human Rights, Jonathan Herring","authors":"R. McQuigg","doi":"10.1093/LAWFAM/EBAB002","DOIUrl":"https://doi.org/10.1093/LAWFAM/EBAB002","url":null,"abstract":"","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2021-03-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43739304","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}
Under Hindu law, while anciently an illegitimate child was not an alien to his kin as under Common law, the position under the codified Hindu law stood altered, likely as a consequence of the English influence during the colonization of India. This paper, critiquing the treatment of illegitimate children under Hindu law traces the historical link between legitimacy and marriage, and its legal and sociological basis. This link has been perpetrated across societies, over time, and through legal and moral media, and has also been justified by sociologists as a means to preserve the society, by preserving its fundamental constituent – a normative family. The Indian State machinery (courts, the government and the legislature) too suffers from an anxiety to protect the normative family (barring notable exceptions), and has been dismissive of any alternative, notwithstanding that the rights of illegitimate children is the collateral damage. Regardless, today this distinction contravenes the constitutional safeguards in India. More importantly, with the acceptance of novel reproductive techniques (such as artificial insemination), and familial setups (same-sex relationships), the sociological basis for the preservation of this distinction has become irrelevant. Accordingly, this paper argues for this distinction to be removed from the statutes, which would benefit all the three stakeholders relevant to the illegitimacy equation, namely, the unwed father, the mother, and the child.
{"title":"Illegitimacy under Hindu Law: A Case for its Abandonment","authors":"R. Gangal, Ravishankar Pandey","doi":"10.1093/lawfam/ebab025","DOIUrl":"https://doi.org/10.1093/lawfam/ebab025","url":null,"abstract":"\u0000 Under Hindu law, while anciently an illegitimate child was not an alien to his kin as under Common law, the position under the codified Hindu law stood altered, likely as a consequence of the English influence during the colonization of India. This paper, critiquing the treatment of illegitimate children under Hindu law traces the historical link between legitimacy and marriage, and its legal and sociological basis. This link has been perpetrated across societies, over time, and through legal and moral media, and has also been justified by sociologists as a means to preserve the society, by preserving its fundamental constituent – a normative family. The Indian State machinery (courts, the government and the legislature) too suffers from an anxiety to protect the normative family (barring notable exceptions), and has been dismissive of any alternative, notwithstanding that the rights of illegitimate children is the collateral damage. Regardless, today this distinction contravenes the constitutional safeguards in India. More importantly, with the acceptance of novel reproductive techniques (such as artificial insemination), and familial setups (same-sex relationships), the sociological basis for the preservation of this distinction has become irrelevant. Accordingly, this paper argues for this distinction to be removed from the statutes, which would benefit all the three stakeholders relevant to the illegitimacy equation, namely, the unwed father, the mother, and the child.","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2021-03-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41992042","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}
Western jurisdictions have adopted remarkably diverging legal approaches to address unmarried cohabitation, ranging between contractual approaches, registered partnerships, and default regimes. This article explores to what extent the large diversity in cohabitation law is prompted by socio-demographic factors, legal tradition and family ideology. The experiences from Belgium, Sweden, England and Wales, New Zealand, and the United States suggest that cohabitation law is mostly ideologically motivated, with socio-demographic factors only having a minor impact. Diverging views on the preservation of the traditional family and the autonomy versus protection of the vulnerable partner-spectrum, in particular, seem to form the backbone of a jurisdiction’s preference for a contractual approach, a registered partnership, or a default regime. Path dependency brings an important nuance to this model. Because existing rights and benefits often prove difficult to turn back, a shift in policy generally fails to eliminate all traces of the former legal framework.
{"title":"One Trend, a Patchwork of Laws. An Exploration of Why Cohabitation Law is so Different throughout the Western World","authors":"E. Goossens","doi":"10.1093/lawfam/ebaa017","DOIUrl":"https://doi.org/10.1093/lawfam/ebaa017","url":null,"abstract":"\u0000 Western jurisdictions have adopted remarkably diverging legal approaches to address unmarried cohabitation, ranging between contractual approaches, registered partnerships, and default regimes. This article explores to what extent the large diversity in cohabitation law is prompted by socio-demographic factors, legal tradition and family ideology. The experiences from Belgium, Sweden, England and Wales, New Zealand, and the United States suggest that cohabitation law is mostly ideologically motivated, with socio-demographic factors only having a minor impact. Diverging views on the preservation of the traditional family and the autonomy versus protection of the vulnerable partner-spectrum, in particular, seem to form the backbone of a jurisdiction’s preference for a contractual approach, a registered partnership, or a default regime. Path dependency brings an important nuance to this model. Because existing rights and benefits often prove difficult to turn back, a shift in policy generally fails to eliminate all traces of the former legal framework.","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2021-03-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45431750","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}
{"title":"International Survey of Family Law 2020, by Margaret Brinig (ed.)","authors":"Dafni Lima","doi":"10.1093/lawfam/ebab013","DOIUrl":"https://doi.org/10.1093/lawfam/ebab013","url":null,"abstract":"","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2021-03-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45007824","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}
Writing a book on American Family Law is, on the face of it, a formidable challenge, the more so, to do so in just 237 pages of text. Yet, as Professor Katz, has demonstrated in this well-established work, not only is it possible to write such a book, but it can be done in a rigorous, scholarly, and stimulating way. Katz achieves this feat by focusing on the broad issues facing all 50 States and eschewing attempts to provide detailed statutory and case-by-case analysis. In fact, as Katz demonstrates, because of both the provisions of the US Constitution and the Uniform laws, American Family Law is more homogenous than might be supposed....
{"title":"Family Law in America (Third Edition), by Sanford N. Katz","authors":"N. Lowe","doi":"10.1093/lawfam/ebab026","DOIUrl":"https://doi.org/10.1093/lawfam/ebab026","url":null,"abstract":"Writing a book on American Family Law is, on the face of it, a formidable challenge, the more so, to do so in just 237 pages of text. Yet, as Professor Katz, has demonstrated in this well-established work, not only is it possible to write such a book, but it can be done in a rigorous, scholarly, and stimulating way. Katz achieves this feat by focusing on the broad issues facing all 50 States and eschewing attempts to provide detailed statutory and case-by-case analysis. In fact, as Katz demonstrates, because of both the provisions of the US Constitution and the Uniform laws, American Family Law is more homogenous than might be supposed....","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":"1 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2021-03-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41716453","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}
{"title":"Children’s Constitutional Rights in the Nordic Countries, edited by Trude Haugli, Anna Nylund, Randi Sigurdsen, and Lena R.L. Bendiksen","authors":"T. Liefaard","doi":"10.1093/lawfam/ebab021","DOIUrl":"https://doi.org/10.1093/lawfam/ebab021","url":null,"abstract":"","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2021-03-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47486767","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}
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