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As numerous scholars have noted, the law takes a strikingly incoherent approach to adolescent reproduction. States overwhelmingly allow a teenage girl to independently…
As numerous scholars have noted, the law takes a strikingly incoherent approach to adolescent reproduction. States overwhelmingly allow a teenage girl to independently consent to pregnancy care and medical treatment for her child, and even to give up her child for adoption, all without notice to her parents, but require parental notice or consent for abortion. This chapter argues that this oft-noted contradiction in the law on teenage reproductive decision-making is in fact not as contradictory as it first appears. A closer look at the law’s apparently conflicting approaches to teenage abortion and teenage childbirth exposes common ground that scholars have overlooked. The chapter compares the full spectrum of minors’ reproductive rights and unmasks deep similarities in the law on adolescent reproduction – in particular an undercurrent of desire to punish (female) teenage sexuality, whether pregnant girls choose abortion or childbirth. It demonstrates that in practice, the law undermines adolescents’ reproductive rights, whichever path of pregnancy resolution they choose. At the same time that the law thwarts adolescents’ access to abortion care, it also fails to protect adolescents’ rights as parents. The analysis shows that these two superficially conflicting sets of rules in fact work in tandem to enforce a traditional gender script – that self-sacrificing mothers should give birth and give up their infants to better circumstances, no matter the emotional costs to themselves. This chapter also suggests novel policy solutions to the difficulties posed by adolescent reproduction by urging reforms that look to third parties other than parents or the State to better support adolescent decision-making relating to pregnancy and parenting.
This article considers the independent liberty interests of children in foster care and their mothers in parental termination proceedings. Recent federal reforms impose a…
This article considers the independent liberty interests of children in foster care and their mothers in parental termination proceedings. Recent federal reforms impose a mandatory deadline for the state to terminate parental rights. That policy erroneously presumes that the passage of time alone establishes parental fault and satisfies a parent’s due process rights. It also fails to protect the minority of children who assert an interest in preserving a safe relationship with mothers who are unlikely to meet the state’s schedule – including many substance abusers and victims of domestic violence.
Much of the discussion surrounding the antivaccine movement focuses on the decision of parents to not vaccinate their children and the resulting danger posed to others. However, the primary risk is borne by the child left unvaccinated. Although living in a developed country with high vaccination rates provides a certain amount of protection through population immunity, the unvaccinated child is still exposed to a considerably greater risk of preventable diseases than one who is vaccinated. I explore the tension between parental choice and the child’s right to be free of preventable diseases. The chapter’s goal is twofold: to advocate for moving from a dyadic framework – considering the interests of the parents against those of the state – to a triadic one, in which the interests of the child are given as much weight as those of the parent and the state; and to discuss which protections are available, and how they can be improved. Specific legal tools available to protect that child are examined, including tort liability of the parents to the child, whether and to what degree criminal law has a role, under what circumstances parental choice should be overridden, and the role of school immunization requirements in protecting the individual child.
The Nordic welfare model is known in the literature for its explicit support of the equal treatment of men and women in both family and gender equality policies as well as…
The Nordic welfare model is known in the literature for its explicit support of the equal treatment of men and women in both family and gender equality policies as well as its achievements in these policy areas. Policy arguments have to promote gender equality and act in the best interest of the child, ensuring that the child access to care from both parents as well as to early childhood education and care. However, the knowledge of how the Nordic welfare states frame and promote active fatherhood remains fragmented.
The chapter asks whether the five Nordic countries (Denmark, Finland, Iceland, Norway and Sweden) have developed similar policies on fatherhood or have taken different paths. Hence, the chapter examines three main policy areas affecting fatherhood: family law, family cash benefits and paid parental leave. Comparative perspective is applied and the chapter asks how the policies frame and promote active fatherhood while also looking into how fatherhood is shaped in interaction between policies, cultures and the daily practices of fathers.
Results show that while all Nordic governments promote a dual-earner/dual-carer social democratic welfare state model emphasizing the active participation of fathers in the care of their children, variations exist in policy and practices. Care policies and entitlements to a father quota of paid parental leave are a defining factor for enhancing fathers’ role in care of their children and the findings show that Nordic fathers are making use of their quota and gradually increasing their share in taking leave for the care of young children.
The purpose of this paper is to analyze the Norwegian parental leave policy for fathers, the father’s quota, which has reached a mature age of 26 years, asking how gender…
The purpose of this paper is to analyze the Norwegian parental leave policy for fathers, the father’s quota, which has reached a mature age of 26 years, asking how gender equality has been affected in working life.
Based on interviews with 28 fathers who have used the father’s quota, the paper analyzes the connection between leave design, its use and impacts by using the design elements of individualization, generosity and non-transferability.
Findings show that in granting fathers an individual, earmarked and non-transferable right, the welfare state has contributed to turning leave taking into a norm for modern fathering. The generosity in terms of length and full wage compensation strengthens it as a right in working life. Fathers being paid their full wages for staying at home taking care of their child emphasize the dual-carer norm. The analyses show that the collision between fatherhood and the ideal of the unencumbered employee has weakened in many types of organizations.
The paper addresses the request put forward by Lewis and Stumbitz (2017) and Moss and Deven (2015) where they state that there has been little research addressing how parental leave is implemented in working life.
This paper aims to analyse the different requirements of Practice Direction 15.10 (which governs the process of family mediation in Hong Kong) and Practice Direction 31…
This paper aims to analyse the different requirements of Practice Direction 15.10 (which governs the process of family mediation in Hong Kong) and Practice Direction 31 (which governs the process of general mediation in Hong Kong), and to highlight the need to incorporate the spirit of family mediation into legislation to better protect children’s interest in a family dispute.
The paper reviews and compares the content on Practice Direction 15.10 and Practice Direction 31 issued by Chief Justice of the Hong Kong Court of Final Appeal, and adopts interpretative and analytical approaches to evaluate their impact.
In an effort to promote parental responsibility-based negotiation in divorce proceeding, a missed opportunity in enacting the Children Proceedings (Parental Responsibility) Bill in 2015 might be a blessing in disguise as it offers another chance for policy makers to consider how to direct parties to negotiate and communicate, to seek and benefit from professional guidance on a continuous basis, and to seek alternative channels to resolve disputes other than the court room. The policy and the law advocating a switch from a “rights-based” to “responsibility-based” approach in handling children’s matters should be revisited by incorporating the spirit of family mediation into legislation.
Analyses are conducted through direct contextual review and documentary research. This paper conducts literal analysis of court guidance and unveils policy implications for the general public. It would be of interest to judicial officers, scholars and government officials concerning children’s rights and parental responsibility in divorce proceedings.
Derek Parfit’s non-identity problem calls into question the claims of both the state and individuals when they purport to act for the benefit of future children. This…
Derek Parfit’s non-identity problem calls into question the claims of both the state and individuals when they purport to act for the benefit of future children. This paper discusses how adoption of the non-identity argument as a legal argument could affect reproductive and family policy, demonstrating that it undermines the child-centric approach to assigning legal parentage. The paper concludes, however, that these non-identity problems can be solved by the expected value approach, which demonstrates that efforts to benefit future people can be logically coherent even if those efforts also affect the genetic identities of the future people.
Since the 1980s, public policy developments have promoted the role of the voluntary sector in a variety of UK settings. In parallel, there has been a growing interest in…
Since the 1980s, public policy developments have promoted the role of the voluntary sector in a variety of UK settings. In parallel, there has been a growing interest in the impacts of employment relations regulation. This paper combines these themes by exploring the impact of the Employment Relations Act (1999) on the Scottish voluntary sector. Provides evidence, based on data from larger voluntary organisations, that the legislation has potential impacts, particularly regarding unfair dismissals, trade union recognition and parental leave. An underlying issue is the emergence of personnel management capability in conditions of increasingly complex labour market regulation.
Support for child rights is widespread, and the 1989 Convention on the Rights of the Child is the most widely ratified treaty ever. Surprisingly, however, we find that…
Support for child rights is widespread, and the 1989 Convention on the Rights of the Child is the most widely ratified treaty ever. Surprisingly, however, we find that child rights discourse is not integrated as a core element of mobilization around either the eradication of female genital cutting practices or the provision of free primary education. Analyzing history and the content of child rights claims related to these issues, we unpack this puzzle. In the process, we illuminate the constraints on mobilizing strategies in general and some difficulties inherent in using child rights discourse in particular.