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Author: Harry Willekens
Publisher: Göttingen University Press
ISBN: 3863954254
Category : Law in general. Comparative and uniform law. Jurisprudence
Languages : en
Pages : 182
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Book Description
Who is a child’s legal mother? Must a child have exactly one mother, can it have two or three, or can it have two fathers, but no mother? Or has the concept of motherhood become obsolete and should we just talk of parenthood in a gender neutral way? Questions such as these would have appeared esoteric only a few decades ago, but as a result of new social developments (such as frequent family reconstitutions, gay and lesbian emancipation or surrogacy) and of technological innovations (such as egg and embryo donations) they have become issues in a vehement debate. The interdisciplinary contributions to this book focus on the legal definition of motherhood, on the way in which legal conceptions structure the social discourse on motherhood (and vice versa), and on the influence of legal rules on power relations between mothers, fathers, children and the state. Among the issues addressed are - the challenges to our understanding of the legal regulation of motherhood by developments in reproductive medicine; - the challenges to our understanding of the legal regulation of motherhood by parental constellations deviating from the mother-father-model (single motherhood by choice, same-gender parenthood, multiple parenthood); - the exercise of parental rights in case of parental separation and the impact of legal rules on the bargaining positions of mothers and fathers.
Author: Harry Willekens
Publisher: Göttingen University Press
ISBN: 3863954254
Category : Law in general. Comparative and uniform law. Jurisprudence
Languages : en
Pages : 182
Get Book Here
Book Description
Who is a child’s legal mother? Must a child have exactly one mother, can it have two or three, or can it have two fathers, but no mother? Or has the concept of motherhood become obsolete and should we just talk of parenthood in a gender neutral way? Questions such as these would have appeared esoteric only a few decades ago, but as a result of new social developments (such as frequent family reconstitutions, gay and lesbian emancipation or surrogacy) and of technological innovations (such as egg and embryo donations) they have become issues in a vehement debate. The interdisciplinary contributions to this book focus on the legal definition of motherhood, on the way in which legal conceptions structure the social discourse on motherhood (and vice versa), and on the influence of legal rules on power relations between mothers, fathers, children and the state. Among the issues addressed are - the challenges to our understanding of the legal regulation of motherhood by developments in reproductive medicine; - the challenges to our understanding of the legal regulation of motherhood by parental constellations deviating from the mother-father-model (single motherhood by choice, same-gender parenthood, multiple parenthood); - the exercise of parental rights in case of parental separation and the impact of legal rules on the bargaining positions of mothers and fathers.
Author: Piotr Mostowik
Publisher: Wydawnictwo Instytutu Wymiaru Sprawiedliwości
ISBN: 8366344061
Category : Law
Languages : en
Pages : 1066
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Book Description
The observation that mater semper certa est remains accurate under most legal systems in the world. Maternity is defined as the personal status (filiation) of a woman who gave birth to a child. It is typically complemented by the fatherhood of the man from whom the child biologically originates (often quem nuptiae demonstrant). However, in some states, a kind of competitive way of acquiring the legal status of mother and father (or “homosexual parents A and B”) has been introduced via concluding a contract with a surrogate mother. Usually with a woman coming from poorer societies and with the assistance of professional intermediaries and organizers. The postulates to change substantive family law, or at least to recognize the effects of foreign law and procedures (a kind of “procreative tourism”), appear nowadays also in states generally prohibiting surrogate motherhood. The issues discussed in this volume concern both national law and international court cases. Recent examples include the opinion of the European Court of Human Rights of 10 April 2019 initiated by the French Cour de cassation, the judgement of the German Bundesgerichtshofof 20 March 2019, and dilemmas of Polish administrative courts. Focusing on the international perspective, the present volume as well as an accompanying book in Polish are the results of the international cooperation of over 30 experts from both member states and observer states of the Council of Europe. The monograph is structured “from the general to the detail” and includes a comprehensive view as well: from the issues of philosophy and sociology of law, to human rights standards of national constitutions and international agreements, to principles of ordre public of forum and their protection with measures of private, public, and penal law. This allows readers, including legislators and judges, the better understanding of the fundamental legal problems that surrogate motherhood brings, both in states where law creates them in a narrower or wider extent, and in other countries of the world, to which these problems can be imported with the movement of people and with de lege lata and de lege ferenda postulates.
Author: Bruno Perreau
Publisher: Stanford University Press
ISBN: 1503600467
Category : Social Science
Languages : en
Pages : 289
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Book Description
In 2012 and 2013, masses of French citizens took to the streets to demonstrate against a bill on gay marriage. But demonstrators were not merely denouncing its damaging effects; they were also claiming that its origins lay in "gender theory," an ideology imported from the United States. By "gender theory" they meant queer theory in general and, more specifically, the work of noted scholar Judith Butler. Now French opponents to gay marriage, supported by the Vatican, are attacking school curricula that explore male/female equality, which they claim is further proof of gender theory's growing empire. They fear that this pro-homosexual propaganda will not only pervert young people, but destroy the French nation itself. What are the various facets of the French response to queer theory, from the mobilization of activists and the seminars of scholars to the emergence of queer media and the decision to translate this or that kind of book? Ironically, perceiving queer theory as a threat to France means overlooking the fact that queer theory itself has been largely inspired by French thinkers. By examining mutual influences across the Atlantic, Bruno Perreau analyzes changes in the idea of national identity in France and the United States. In the process, he offers a new theory of minority politics: an ongoing critique of norms is not only what gives rise to a feeling of belonging; it is the very thing that founds citizenship.
Author: Nigel Lowe
Publisher: Edward Elgar Publishing
ISBN: 1800883269
Category : Law
Languages : en
Pages : 437
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Book Description
Bringing together scholars from a wide range of disciplines, this captivating and judicious Research Handbook provides diverse perspectives on the law and practice of adoption. It examines how adoption laws differ between countries and cultures, and the ongoing effects of adoption on the child, the birth parent(s), and the adoptive parent(s).
Author: Council of Europe
Publisher: Council of Europe
ISBN: 9287185913
Category : Political Science
Languages : en
Pages : 235
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Book Description
What does the concept of the best interests of the child mean in practice? How should it be interpreted and applied? This publication sheds lights on different aspects of this concept. The concept of the best interests of child, as stated in Article 3.1 of the United Nations Convention on the Rights of the Child, has caused many controversies and debates amongst policy makers, experts and practitioners. Although central to a child’s full enjoyment of his or her rights, the meaning of the concept in practice and how it should be interpreted and applied, is still part of today’s debate. The Belgian Authorities and the Council of Europe organised on 9 and 10 December 2014 a conference on “The best interests of the child - A dialogue between theory and practice” to provide an opportunity for actors involved in decisions that have an impact on children’s lives to share knowledge and enhance the understanding of the concept of the child’s best interest. Featuring in this publication are the 21 different viewpoints presented during the conference on the concept of the best interests of the child. They are divided into four chapters namely those presenting general reflections of the concept; assessing, determining and monitoring best interests; using the concept in different environments; and understanding the concept in family affairs. All viewpoints agree on the fact that there is no comprehensive definition of the concept, and that its vagueness has resulted in practical difficulties for those trying to apply it. Some suggest that the best interest should therefore only be used when necessary, appropriate and feasible for advancing children’s rights, whereas others see the flexibility of the concept as its strong point. Through their different interpretations and analysis, this publication offers a solid contribution to the overall understanding of the concept of the best interests of child, necessary to improving and safeguarding children’s rights overall.
Author: Corinna Sabrina Guerzoni
Publisher: Emerald Group Publishing
ISBN: 1800714408
Category : Social Science
Languages : en
Pages : 246
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Book Description
Reproductive Governance and Bodily Materiality explores the growing centrality and power of the medical professional and lay practices within the field of human reproduction as they entangle with political economic processes, providing examples from multiple countries.
Author: Francois Ansermet
Publisher: Routledge
ISBN: 0429905920
Category : Psychology
Languages : en
Pages : 208
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Book Description
This book explores the issues that surround medically assisted reproduction. It addresses the place of destiny, including how to think about individual destinies in an age of increasingly accessible gene sequencing paired with a growing link between procreation and prediction.
Author: Loïc Azoulai
Publisher: Bloomsbury Publishing
ISBN: 1782259341
Category : Law
Languages : en
Pages : 339
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Book Description
The European Union places the 'individual' or person, 'at the heart of its activities'. It is a central concept in all of EU economics, politics, society and ethics. The 15 chapters in this innovative edited collection argue that EU law has had a transformative effect on this concept. The collection looks at the mechanisms used when 'constructing the person' in EU law. It goes beyond traditional literature on 'Europe and the Individual', exploring the question of personhood through critical and contextual perspectives. Constructing the Person in EU Law: Rights, Roles, Identities brings together contributions and debates from experts around Europe to this key question.
Author: Helen Drake
Publisher: Bloomsbury Publishing
ISBN: 1352007762
Category : Political Science
Languages : en
Pages : 272
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Book Description
This new version of a leading textbook on French politics offers expert analysis of recent national and international events, discussing their significance for France itself as well as for Europe and the wider world. It covers a wide range of current challenges facing the country under the presidency of Emmanuel Macron and considers how issues such as immigration, multiculturalism and gender and sexual politics fit with wider patterns in global politics. New to this Edition: - New co-editor Helen Drake joins the book's experienced team of editors. - Completely revised to take stock of the presidency of François Hollande, the first half of Emmanuel Macron's mandate, and to look forward to the future of France and its significance to European and global politics. - Covers a range of new topics including the National Rally (formerly the National Front), immigration, multiculturalism and gender and sexual politics.
Author: Jennifer Merchant
Publisher: Berghahn Books
ISBN: 1789204321
Category : Medical
Languages : en
Pages : 242
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Book Description
Despite France and Belgium sharing and interacting constantly with similar culinary tastes, music and pop culture, access to Assisted Reproductive Technologies are strikingly different. Discrimination written into French law acutely contrasts with non-discriminatory access to ART in Belgium. The contributors of this volume are social scientists from France, Belgium, England and the United States, representing different disciplines: law, political science, philosophy, sociology and anthropology. Each author has attempted, through the prism of their specialties, to demonstrate and analyse how and why this striking difference in access to ART exists.
