International Journal of Law Policy and the Family最新文献

{"title":"Distribution of property at the termination of de facto unions (marriages by cohabitation/repute) in some African countries","authors":"J. D. Mujuzi","doi":"10.1093/lawfam/ebad015","DOIUrl":"https://doi.org/10.1093/lawfam/ebad015","url":null,"abstract":"\u0000 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.","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47786748","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":"How people’s concepts of marriage, childbearing, childrearing, and child education affect their fertility willingness and behaviour under the three-child policy in China?","authors":"Qingmin Guo","doi":"10.1093/lawfam/ebad028","DOIUrl":"https://doi.org/10.1093/lawfam/ebad028","url":null,"abstract":"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.","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134882647","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":"Facial kinship verification and searching for genetic origins in gamete/embryo donor conception—an overview of potential legal and ethical issues","authors":"Rafał Łukasiewicz, Lucy Frith, Caroline Redhead","doi":"10.1093/lawfam/ebad026","DOIUrl":"https://doi.org/10.1093/lawfam/ebad026","url":null,"abstract":"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.","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135007765","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":"Cohabitant protection on relationship breakdown in Ireland: A lesson in illusory justice?","authors":"K. O’Sullivan","doi":"10.1093/lawfam/ebad017","DOIUrl":"https://doi.org/10.1093/lawfam/ebad017","url":null,"abstract":"\u0000 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.","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46477927","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":"Still a private matter? Evaluating the Irish State’s response to domestic abuse","authors":"S. Leahy","doi":"10.1093/lawfam/ebad008","DOIUrl":"https://doi.org/10.1093/lawfam/ebad008","url":null,"abstract":"\u0000 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.","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49404680","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":"Divorce and Democracy: A History of Personal Law in Post-Independence India, S. Saxena","authors":"Sanskriti Sanghi","doi":"10.1093/lawfam/ebad006","DOIUrl":"https://doi.org/10.1093/lawfam/ebad006","url":null,"abstract":"","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43845237","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":"UK intended parents’ characteristics, experiences, and views on surrogacy law reform","authors":"Kirsty Horsey, M. Arian-Schad, N. Macklon, K. Ahuja","doi":"10.1093/lawfam/ebad004","DOIUrl":"https://doi.org/10.1093/lawfam/ebad004","url":null,"abstract":"\u0000 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.","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48784484","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":"Factors associated with formal help-seeking for domestic violence in urban China","authors":"Wenyi Lin, D. Yuan","doi":"10.1093/lawfam/ebad012","DOIUrl":"https://doi.org/10.1093/lawfam/ebad012","url":null,"abstract":"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.","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44505996","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":"Family Life, Family Law, and Family Justice: Tying the Knot, Marsha Garrison","authors":"Matt Hasler","doi":"10.1093/lawfam/ebad014","DOIUrl":"https://doi.org/10.1093/lawfam/ebad014","url":null,"abstract":"","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47028057","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":"Families of choice with no choice: remarks concerning the situation of families of choice in Polish law","authors":"Marlena Drapalska-Grochowicz","doi":"10.1093/lawfam/ebad005","DOIUrl":"https://doi.org/10.1093/lawfam/ebad005","url":null,"abstract":"\u0000 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.","PeriodicalId":51869,"journal":{"name":"International Journal of Law Policy and the Family","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45779806","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}