Contact Disputes: Narrative Constructions of `Good' Parents

This paper explores contact disputes in England and Wales. We discuss the legal background as well as separating parents' experiences of contact disputes. Contact has been high on the agenda since the U.K. Government report, Making Contact Work, (2002) examined various means for facilitating contact between non-resident parents and their children. More recently, the issue has featured prominently in the headlines, largely as a result of the campaigning efforts of fathers' rights groups who complain of injustice and demand changes in the law. The idea that contact is necessary for children's well-being seems to have acquired the status of uncontestable truth. This paper examines the ways in which these ideas about children's interests have become embodied in adominant welfare discourse that is embedded in law and informs policy thinking. Family law has long abhorred parental conflict, particularly that which involves the children. It is frequently assumed that conflict can be reduced if parents could be persuaded to accept the premises of the welfare discourse. In this paper, we consider how parents themselves, in talking about their experiences of contact disputes, makes sense of family law. We found that parents regularly invoke the welfare discourse in their talk, but they interpret it in unexpected ways. Often these interpretations fuel conflict rather than reducing it.     

Getting tough on mothers: regulating contact and residence

This article critically examines the relationship between shared residence and contact after the breakdown of the parents’ relationship. It examines the background to the government’s main emphasis on methods of monitoring, facilitating and enforcing contact as the most efficacious method of proceeding in respect of the law reform agenda, focussing particularly on the potential impact of punitive enforcement measures on primary carers, usually mothers. The article sets the discussion within its wider cultural context in respect of fathers’ rights claims that family law currently favours mothers, and shows how recent legal developments constitute part of a package to manage post-separation relationships between parent and children. It also examines some of the emerging case law to show how the judiciary is using shared residence orders and transfer of residence to deal with protracted and very difficult contact disputes, and in ways which were not anticipated when shared residence orders were first introduced. Drawing on feminist legal commentaries the argument will be made that the use of transfer of residence and shared residence orders in these disputes is extremely worrying, especially in light of the growing body of empirical research which heralds caution. The article will conclude by suggesting that far from favouring mothers, both the law reforms and the case law effectively construct mothers as integral to the problem of contact. They are treated as the site of and solution to the ‚problem’ of contact, and the means of dealing with the problem is by increasingly punitive measures which are inappropriate in a family law context. At the same time non-residential fathers who do not uphold contact escape legal sanctions.     

Unmarried mothers in Ireland, 1880-1973

This article explores the changing experiences and representation of Ireland's unmarried mothers from 1880 to 1973. It focuses on the stigma of illegitimacy in political and cultural discourse and the representation of unmarried mothers as immoral and their children as a drain on resources. These remained constant themes within the discourse of unmarried motherhood in Ireland throughout the nineteenth and twentieth centuries. The article uses the records of philanthropic, government and religious organisations to chart the rising interest in the moral reformation of unmarried mothers at the end of the nineteenth century and rising tolerance towards them by the end of the twentieth century.     

Working mothers of pre-school children in an underdeveloped society

The present study attempts to understand the problems of working mothers with pre-school children. A sample of mothers who use the day care system run by the Colombian state is studied. Though this sample is not statistically representative of the female population with pre-school children, it presents similar characteristics to those of the women in the large urban centres.It was found that: (a) The living conditions of the families in the low and middle-low socio-economic positions are more limited than those observed in the families in the middle-high socio-economic position. (b) The intensity and the composition of domestic tasks also vary, not only by virtue of the different economic resources available to the family, but also by virtue of differential access to public services such as electricity, running water, public transportation and so on. (c) The very organization of the family appears to be affected by their socio-economic conditions. This is particularly evident for the single parent (mother) families which are more frequent in the middle-low and lower social positions.Although the mothers take the children to these centres looking for a service for the children and not for themselves, the centres become a very important promotion space also for the mothers. In fact, for the majority of them, this experience means a link allowing them to partly overcome the isolation that characterizes their daily life.It is concluded that the conditions of social reproduction can be substantially improved for the families from the lowest social strata, if there is an adequate state participation in this process. There is no doubt that it would be a fundamental factor advancing the circumstances of the working mothers of young children and especially those from the lower income sectors.     

‘I DON'T WANT HER TO BE OVERWEIGHT LIKE I WAS AS A GIRL’

Widespread concern about a childhood obesity ‘epidemic’ has focused attention on the bodies, weight and food behaviours of mothers and their children. In childhood obesity-related discourse, mothers' bodies are framed in relation to the bodies of children, most directly in claims that fat mothers produce fat babies. Drawing on data from a qualitative study involving interviews with mothers of pre-school aged children, this paper examines how the blurring of body boundaries between women and children are translated into responsibilities in feeding. We argue that in the contemporary stigmatisation of fat, the external auditing of maternal feeding and children's bodies connects the bodies of mothers and children in detrimental ways. By focusing on the ways women are held responsible for both their own and children's bodies, we draw attention to how bodily aspirations, conflict and failure, shame, self-surveillance, judgement and guilt connect women to the bodies of their children. We stress the embodied significance of mother/child relations in early childhood nutritional care and we argue that a punitive anti-fat ethic threatens positive health outcomes for mothers and children.     

劳动法律的中国条件——国家规制与社会权利建构之社会合作相协调

检视近年来中国的劳动法律,已经不是有无法律而是需要什么样的法律的问题。问题所在是,国家规制下社会权利和社会合作显现缺失,工人们甚至用牺牲乃至生命呼唤社会权利和社会合作。回望近代以来的中国劳动法制历史,国家规制下社会权利和社会合作的缺失乃是一种长久之痛。环顾世界劳动法制的演进,劳动法律在中国有效实施的基本条件,便是补救社会权利和社会合作的缺失,国家规制则需要与之相互协调。     

The relationship of observed maternal behavior to questionnaire measures of parenting knowledge,attitudes, and emotional state in adolescent mothers

Although relationships have been found between maternal psychological characteristics and cognitive and emotional outcomes in children, the behaviors which may mediate these relationships are seldom examined. This is especially true for adolescent mothers, whose children are thought to be at high risk for adverse outcomes. In this study, adolescent mothers in two special programs completed questionnaires measuring perception of the newborn (Neonatal Perception Inventory), knowledge of influences on child development (Infant Caregiving Inventory), and emotional state (General Health Questionnaire); they were also systematically observed while interacting with their infants in a naturalistic situation. Specific maternal behaviors were found to vary with the age of the mother and of the baby. Mothers with neutral or negative perceptions of their infants touched them less than did mothers with positive perceptions. Degree of emotional disturbance was inversely related to the amount of time that the mother looked at her infant while in physical contact.This research was supported in part by NIH Biomedical Research Support Grant No. BRS 507 RR 05445-19 to Johns Hopkins University School of Hygiene and Public Health.Received her Sc.D. in mental hygiene (comparative behavior) from Johns Hopkins University. Main interests include relationships between observable behavior and reported psychological states, and behavioral and emotional disorders of children.Received her Ph.D. in population dynamics from Johns Hopkins University. Main interests are adolescent health and pregnancy and population changes influencing perinatal health.Received her Ph.D. in psychology from George Peabody College. Main interests include parenting of infants and children's rights.Received her Ph.D. in anthropology from the University of Florida. Main interests include adolescent health and utilization of health services by children and adolescents.Received his Ph.D. in child psychology from the University of Iowa. Main interests are infant and child development, with focus on measurement of developmental status and its determinants.     

Article 23(4) Trade Union Rights and the United Nations policy of devolution on labour relations

ABSTRACT

Article 23(4) of the Universal Declaration of Human Rights states ‘Everyone has the right to form and to join trade unions for the protection of his interests.’ This article documents the global legislative history of Article 23(4) trade union rights from its original drafting to interpretation by international labour standards. The history includes debates on the fundamental principles of trade union rights, the decision by ECOSOC to ignore a call to establish a permanent UN Commission on Trade Union Rights, the devolution of authority from the United Nations to the International Labour Organization, how ILO international law experts framed trade union rights as a subset of the freedom of association, and the treatment of labour relations policy, including compulsory union membership, that resulted under international human rights norms. The history is discussed as one that confines standards of policy on labour rights in the global political economy and has particular implications for the discourse on labour rights as human rights.     

‘A Job That Should Be Respected’: contested visions of motherhood and English Canada's second wave women's movements, 1970–1990

ABSTRACT

This article focuses on the forgotten voices of marginalized feminist mothers—those active in welfare rights groups. These activists were primarily poor single mothers who understood motherhood differently from more mainstream feminists. Whilst they echoed mainstream feminist demands for childcare, they also supported women's right to stay at home with their children, emphasizing the role of the state. This presented a serious class-based critique in a society that increasingly saw stay-at-home motherhood as a middle-class option. This article focuses upon working-class mothers' groups, thus problematizing dominant feminist discourses and developing a more diverse history of second wave feminism in Canada.     

Liberal family law in the making: Nordic and European harmonisation

This paper discusses the past and contemporary legal harmonisation exercises of family law in the Nordic countries and Europe. The critique is that the harmonised ‹European family law’ only entrenches the status quo and reiterates traditional family patterns, the male norm, heteronormativity, and a public/private divide represented in the neutral guise of a liberal rights discourse. Furthermore, the critics point out that the political economy of legal harmonisation is, to a large extent, ignored. In the Nordic countries, egalitarianism and broad political deliberation characterised much of the previous legal harmonisation, whereas rights discourse in its liberal sense is a novelty, more or less triggered by the European integration. This paper discusses the gendered implications of the emerging rights discourse in the Nordic countries and the linkages between family law, the labour market and social welfare. The paper argues that the harmonisation exercise cannot be regarded as one consisting only of legal norms and reasoning, but rather it should be discussed from the perspective of a political and epistemological challenge to the prevailing ‹truths’ about marriage, family and sexuality.     

Trusting in Trust(s): TheFamily Home and Human Rights

In July 2002, the U.K. Law Commission published its Discussion Paper No.287 on home-sharing. The conclusion drawn by the Law Commission was that it would not be possible to devise a statutory scheme for the resolution of family property disputes which is both workable and flexible enough to deal with the wide range of personal relationships that exist. It further took the view that, with appropriate changes to the way in which trusts principles are currently interpreted and applied by the courts, these trusts principles are sufficiently flexible and coherent to deal with the question of ascertaining and quantifying property rights over the family home. The aim of this paper is to examine the implications of these particular conclusions drawn by the Law Commission for both the law of trusts and the resolution of family property disputes between cohabitants. In particular, the paper will consider the extent to which trusts law remains a workable and desirable option and whether any mileage may be gained by drawing on the human rights culture that is emerging in U.K. legal and political discourse. This revised version was published online in July 2006 with corrections to the Cover Date.     

Not `Social Justice': The Housing Association, the Judges, the Tenant and his Lover Fitzpatrick v. Sterling Housing Association [1997] 4 All E.R. 991; [1998] 1 F.L.R. 6 (C.A.); [1999] 4 All E.R. 705 (H.L.)

This note analyses the decision of the House of Lords in Fitzpatrick, which held that gay partners could fall within the legal definition of ‘family’ for some purposes. The note argues that despite the real (if overstated) benefits that this case bestows on gay partners in the form of legal rights, under analysis, the decision self-deconstructs to reveal that it is grounded on the principle of discrimination on the basis of sexuality. However, it is also suggested that the encounter between discursive legal reasoning (underpinned by normative heterosexuality), and aversion of the family which is ‘other’ to this discourse, is one which leaves its mark on law, as the potential undermining or deconstruction of law’s normative assumptions. The note further argues that although this decision is properly seen as a moment in the struggle for gay rights, it also serves as a reminder that the fortunes of critical theories and political movements that seek to challenge the legal paradigm of the white, heterosexual male are inextricably linked. Fitzpatrick, whatever else it is, is also an object lesson in the debt that current campaigns for gay legal rights owe to feminist critiques of, and campaigns that have successfully challenged, the role of this norm in legal discourse. This revised version was published online in July 2006 with corrections to the Cover Date.     

Filters of influence: The help-seeking process of African American single mothers living in poverty seeking mental health services for their children

There are a disproportionate number of African American children living in poverty who are in need of mental health services. African American children who live in poverty tend to underutilize mental health treatment due to the barriers their caregivers face; however, far less research has been conducted on the percentage of children who do access mental health treatment and the experiences of their caregivers in maneuvering through the barriers in their environments. This grounded theory study systematically generated a help-seeking theory that was constructed through the experiences of single African American mothers living in poverty who accessed mental health treatment for their children.     

Schol-age child care and equal opportunities

The work involved in looking after children may be paid or unpaid, at home or in institutions outside the home. The main emphasis of this article is on mothers as unpaid care workers for their own school-age children. It describes the nature of child care in general terms, but looks especially at school children and their specific dependencies. In particular it focuses on one public intervention towards children and the ways in which this affects their mothers: namely, the state requirement that children between certain ages should be educated, together with the provision of schools to meet this requirement. This provides a starting point for a discussion of ways and means of extending care provision for school-age children and releasing mothers from their marginalised position in the labour force.     

Protecting children from their families and themselves: State laws and the constitution

State laws provide a variety of means to protect children from self-inflicted or parentally-inflicted harm. In recent years, the Supreme Court has imposed stringent procedural requirements on juvenile delinquency laws. In the past year, however, the Court has refused to extend these procedural stringencies to analogous child-protective state laws. This article explores generally the rationale for court application, by constitutional mandate, of procedural safeguards to a broad range of child-protective legislation. The article suggests that some criminal-procedure rights are vitally important to protect children and their parents from inappropriate state interventions, but that wholesale application of all criminal rights, as if these laws were no different from criminal laws, unduly restricts proper application of these laws. Guidelines for determining what criminal rights should and should not be applied to child-protective legislation generally are suggested.This article was previously published, in a slightly different format, in theMichigan Law Review (June 1971) under the title, Forcing Protection on Children and Their Parents: The Impact ofWyman v. James.B.A., 1960, Princeton University; M.A., 1962, Oxford University; L.L.B., 1964, Yale University. Main interest is family law.     

Patricia Williams: Inflecting Critical Race Theory

Critical Race Theory (C.R.T.) has developed out of a deep dissatisfaction that many black legal scholars in the U.S. felt with liberal civil rights discourse, a discourse premised upon the ideals of assimilation, ‘colour-blindness’ and integration. In addition, the emergence of the Critical Legal Studies movement provided Critical Race theorists with an innovative lexicon and practice which allowed them to develop a critique of traditional race analysis and U.S. law. Patricia Williams has played a key role in the formation of the C.R.T. movement and is concerned with many of the C.R.T. themes: the understanding that traditional civil rights law has benefited whites more than blacks, the ‘call to context’, and the critique of liberalism by the assertion that racism is routine and not aberrational. Following the C.R.T. belief that form and substance are connected, Williams has also extended the boundaries of another C.R.T. theme by (largely) eschewing the conventional genre of legal writing in much of her work, including her two books, The Alchemy of Race and Rights and The Rooster's Egg. This was one of the issues Williams discussed in an interview that commenced when she visited Britain in 1997 to deliver the Reith Lectures. This revised version was published online in August 2006 with corrections to the Cover Date.     

The government of poverty and the arts of survival: mobile and recombinant strategies at the margins of the South African economy

The paper is concerned with marginal populations affected by the ‘truncated agrarian transitions’ of the twentieth and twenty-first centuries: people displaced out of land-based employment without reasonable prospects for accumulation in the non-farm economy. It analyses the forms of economic agency of people living in the migrant routes and networks connecting the shantytowns of Cape Town and the rural Eastern Cape in South Africa. It describes the artful and hybrid nature of their livelihood strategies – strategies that involve the integration from ‘below’ of urban and rural spaces, formal and informal income, and which simultaneously take shape outside the regulatory spaces conferred by the state, and make use of the rights and opportunities created by law and formality. Far from being reduced to the ‘outcast’ condition of ‘bare life’, marginalized and poor people in South Africa pursue inventive strategies on uneven terrain, cutting across the dichotomies of official discourse and teleological analysis. This allows a more nuanced analysis of the nature and specificity of the agrarian transition in South Africa.     

“Strangers in the new homeland?” Gendered citizenship among non-Jewish immigrant women in Israel

As part of the recent wave of immigration from the former Soviet Union (FSU), about 300,000 non-Jews came to Israel as spouses of Jews or partly-Jewish offspring of ethnically-mixed families. The purpose of this article is to examine the experiences of non-Jewish women, wives of Jewish husbands, who came to Israel after 1990 under the Law of Return. The study is based on the qualitative analysis of 20 semi-structured in-depth interviews with these immigrant women, aiming to explore their perceptions of religious practices, Jewish holidays, conversion (giyur), and their political views — in order to understand their constructions of Israeli citizenship. The issues of citizenship and loyalty to the Jewish state are resolved by Russian immigrant women in a variety of ways. Some women (a small minority) opt for ethno-national citizenship through religious conversion — giyur, typically for the children's sake. Others prefer to become part of Israeli society through experiences connected to the military service of their children and grandchildren, which can be seen as a version of republican citizenship. For most women in this study, the process of getting closer to the Israeli society and its traditions often occurred via embracing local culinary customs and specific holiday foods. In any case, the gender roles as wives and mothers appeared to be central in our informants' understanding of Israeli citizenship. The adoption of political views of Israeli Right and militant anti-Arab discourse also served as a venue for their ‘nationalization’ through republicanism.     

"Revolting to humanity": oversights, limitations, and complications of the English Legitimacy Act of 1926

This article analyses three areas that limited the effectiveness of the English Legitimacy Act of 1926. First, re-registration was public, expensive, and time-consuming. Second, the Treasury Office used the change in the law of intestacy to refuse more distant relatives' claims on estates. Third, the law separated legitimacy from nationality, thus denying citizenship to legitimated children born abroad of British fathers and foreign mothers. In short, both because of parliamentary oversights and civil servants' narrow interpretations of the law, relatively few children took advantage of the Act, and the minority who did, rather than being 'illegitimate' or 'legitimate', were a third category, the 'legitimated'.     

论“工会法治化”的中国特色社会主义工会制度发展新途径

＂工会法治化＂,包括工会法律制度的建立健全和工会法律角色的合理设定,能够促进工会在市场经济劳动关系中切实履行其维权职能。无论是工会工作适应新时代的转变,还是＂组织起来、切实维权＂工会新方针,得以经由＂法治化＂的工会制度实现;并且工会制度适应国内外劳工法律环境也需＂法治化＂发展。所以,＂工会法治化＂应成为中国特色社会主义工会制度发展新途径。