3. ‚For Women and Children!‘ The Family and Immigration Politics in Scandinavia

2008 ◽  
pp. 71-88 ◽  
Author(s):  
Judith Lewis

Despite changing family compositions, entrenched in family law is the antiquated idea that a two-parent household, or its approximation vis-à-vis a shared custody arrangement, promotes stability and integrity and, thus, is in the best interest of the child. Yet, the concept that the two-parent household (or shared involvement of both parents in the child’s life if the parents separate) promotes stability for the family and is best for the child is a dangerous fallacy. When rape or intimate partner violence (IPV) is present, or the re-occurrence of violence remains a threat, the family unit is far from stable. This Article explores the legal system’s glorification of the nuclear family, its resistance to shifting away from the two-parent paradigm, and how this resistance creates a stability paradox and perpetuates violence against women and children. The harmful impact that the nuclear family paradigm has on families is further explored by an examination of the statutory constructs and judicial interpretations of termination of parental rights (TPR) and custody statutes in cases where a child is conceived as a result of rape or exposed to ongoing IPV. Cases are utilized to examine how courts have interpreted parental rights statutes where a child is conceived as a result of rape. Additionally, a hypothetical case is discussed to explore arguments that may be advanced in TPR cases where children are exposed to ongoing IPV. The Article finds that although there are inherent problems in enacting statutes to terminate parental rights in cases involving rape or IPV, legislation is also a necessary tool for survivors. Model legislation is proposed for termination of parental rights in cases where a child is conceived as a result of a sexual offense or when a child is exposed to ongoing IPV.


EMBRIO ◽  
2021 ◽  
Vol 13 (1) ◽  
pp. 64-70
Author(s):  
Kristin Kisid

The COVID-19 pandemic has an impact on the economic condition of the family which will directly contribute to the health condition of the family. The uncertain conditions during the COVID-19 pandemic could trigger violence, especially for women and children. The purpose of this study was to determine the profile of violence against women and children during the COVID-19 pandemic in NTB Province. This research is a type of quantitative research derived from secondary data. data on cases of violence against women and children were obtained from the results of reports from health centers, sub-districts, etc. that were collected in DP3AP2KB in 2020. Violence against women in NTB Province in 2020 increased by 26.05% from the previous year (2019). North Lombok Regency has the highest number of cases (140 cases) of violence against women that occurred during the COVID-19 pandemic in 2020. Violence that occurs in adult women is dominated by physical violence (61.18%) and violence that occurs in children dominated by violence in the form of sexual, namely 40.1%. The highest number of sexual violence against girls was in East Lombok Regency at 22.7%.


Author(s):  
Nicole von Germeten

This chapter presents a controversial issue within the history of sexuality. It documents several case studies of sex work done within home-based brothels, where mothers, sisters, and father figures procured younger women and children. These examples would be interpreted today as sexual abuse, given that they involved girls under the age of sixteen, forced or manipulated into prostitution by more powerful individuals. The chapter tries to contextualize these cases within the contemporary domestic economy and culture of family life during the struggle for Mexican independence from Spain.Young women in fact betrayed filial loyalty and domestic hierarchies when they spoke as plaintiffs to denounce their sisters, mothers, or fathers for involving them in selling sex.In response to the complaints (the daughters’ disobedience to their familial superiors), the late viceregal state exercised paternalism as it stepped in to preserve traditional ideas of family as a sexual sanctuary for protected daughters.


Author(s):  
Sinéad Moynihan

This chapter argues that narratives of female Returned Yanks emerge forcefully in Irish culture of the 1990s as a kind of imaginative counterpart to Irish citizens’ enforced confrontation with Ireland’s past at the same historical moment, particularly with respect to the collusion of Church and State in the oppression and, often, abuse of women and children. The protagonists of these texts – and I focus most attentively on works by Benjamin Black (John Banville) and Annie Murphy – literally return to Ireland, but they also visit, or revisit, upon Ireland some of the repressions of its past. They do so both thematically, by dramatising the issues of unmarried motherhood, forced adoption and Church intervention in the family; and formally, by revising previous and tenacious gendered mythologies of emigration and return.


2020 ◽  
Vol 70 (1) ◽  
pp. 251-265
Author(s):  
Alessandra Spadaro

AbstractThis article analyses the decisions of Belgian and Dutch courts concerning the repatriation of the family members of foreign fighters who are now detained in dire conditions in North-East Syria. The article shows that, under international law, these women and children have no individual right to be repatriated by their State of nationality, based on either consular assistance, the extraterritorial applicability of human rights treaties, or the right of return to one's own country. Nonetheless there are good reasons why States should exercise their prerogative to repatriate.


2018 ◽  
Vol 66 (4) ◽  
pp. 602-616 ◽  
Author(s):  
Kirsty Button ◽  
Elena Moore ◽  
Jeremy Seekings

The post-apartheid state in South Africa inherited a care regime that historically combined liberal, social democratic and conservative features. The post-apartheid state has sought to deracialise the care regime, through extending to the African majority the privileges that hitherto had been largely confined to the white minority, and to transform it, to render it more appropriate to the needs and norms of the African majority. Deracialisation proved insufficient and transformation too limited to address inequalities in access to care. Reform also generated tensions, including between a predominant ideology that accords women and children rights as autonomous individuals, the widespread belief in kinship obligations and an enduring if less widespread conservative, patriarchal ideology. Ordinary people must navigate between the market (if they can afford it), the state and the family, balancing opportunities for independence with the claims made on and by kin. The care regime thus remains a contested hybrid.


2015 ◽  
Vol 13 (1) ◽  
Author(s):  
Victoria P. Padilla

Life is certainly not a fairytale and in this kind of situation, “happily ever after” is not very common. These are the stories of five women-survivors of domestic violence who dreamed of having a happy family, but in the end, their dreams contradicted reality. This interpretivist qualitative study was designed to look into a deeper understanding of collective accounts of women-survivors of domestic violence. The narrative inquiry was employed using the in-depth interview method. The study revealed that these women experienced various forms of domestic violence and were caused by men’s bad habits, problems arising from the family, and jealousy of a man or a woman. Several strategies were employed by these women to improve their lives. This tough decision to free themselves from the abuse made them better individuals, developed a stronger bond with their children, and increased faith in God.   Keywords - Domestic Violence, Violence against Women, and Children, Survivors


2005 ◽  
Vol 29 (1) ◽  
pp. 45-76 ◽  
Author(s):  
S. J. Kleinberg

The battle over child labor fought in the United States at the end of the nineteenth and beginning of the twentieth centuries pitted emerging understandings about children's well-being against those of the rest of the family. As society grew more ethnically and economically complex, social reformers lobbied for greater regulation of children's behavior, thereby altering the family economy and women's and children's roles within it. The middle classes could afford nonproductive women and children, but many working-class, immigrant, and one-parent families could not. Yet, even within the less affluent strata of society, children in certain settings, ethnic and racial groups, and family structures were much more likely to be employed than in others. This article explores the variations in children's and mothers' labor in three very different settings: Pittsburgh, Fall River, and Baltimore between 1880 and 1920. It finds that child labor and education legislation resulted in a decrease in children's employment and increased the likelihood that mothers would take paid jobs.


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