The weight of history: child protection and parenting with a disability in 20th Century Iceland

ABSTRACT

This contribution focuses on four periods in Iceland, from the early twentieth century until the time of writing, in order to document and analyse the struggles of people with intellectual disabilities to marry, have a family and maintain custody of their children. Each period is linked to specific pieces of legislation that governed the bodies and lives of disabled people and reflected larger social norms concerning issues of family life and parenthood. An emphasis is placed upon the perspective of contemporary critical disability studies in analysing the historical development of this struggle, and the voices of those who experienced this struggle first-hand, drawn from a number of research projects conducted in Iceland. Our main contention is that the weight of history still comes to bear upon matters of parenting and family life, even in the most recent shift toward a human rights approach to disability. There remains a strong socio-cultural resistance toward parenting with an intellectual disability, rooted in the ideology of early twentieth-century eugenics. Our goal is to document the development of these phases throughout the twentieth century in Iceland in order to illustrate how older ideas and prejudices still inform contemporary child protection practices concerning parents with disabilities.     

Re‐Claiming Disability: Identity,Procedural Justice,and the Disability Determination Process

This research highlights the crucial role of an intimate link between a disabled person's self‐identity and the perceived fairness of legal procedures. In doing so, it brings to the foreground a wholly ignored aspect of procedural justice. Earlier researchers have failed to delve into the role identity politics plays in the relationship between the institutions and the beneficiaries of their services, and the way different members of a group understand and define themselves. This research explores the way people with disabilities in the United States, with different kinds of disability identities, experience and evaluate the procedure of claiming Social Security benefits. The findings suggest that disabled people who identified with the social model of disability (as opposed to the medical‐individual models) hold a critical view of the procedure for retaining benefits. They felt they had no control over it, could not voice their opinions, were mistreated by representatives, and had to present an image that was not necessarily true of their disability. They also saw the procedure as discouraging them from participating fully in the labor market, and consequently integrating better in society, an idea that was not present among disabled people who identify with medical‐individual models. Exposing this relationship between the way people perceive themselves and the way they experience and evaluate legal procedures can contribute to the creation of better policies, while improving communication between the state and members of the disability community, along with other marginalized groups.     

Barriers to marriage and motherhood: the experiences of disabled women in Malaysia

ABSTRACT

The conceptualisation of disability is contested globally and issues in gender studies further complicate the movement towards the development of an inclusive and equal society. However, most disability and gender research studies are based on the data collected in the Global North, and little is known about disabled women in the Global South. The data presented here is from a bigger study focusing on the lived experiences of women with disabilities. This paper sets to explore how disabled women in Malaysia experience their lives in terms of marriage and motherhood prospects. The data of this qualitative study was collected from a set of in-depth interviews involving 32 women in Malaysia with physical (mobility) impairment. Over a period of 6 months, 16 Malays, 8 Chinese and 8 Indian women were interviewed twice. The analysis proposes both retrospective and introspective accounts on marriage and motherhood. The data gathered from the in-depth interviews was transcribed and analysed thematically with the help of NVivo software. The findings indicated that most participants have experienced significant barriers concerning individual constraints, familial control, and societal barriers. These were discussed with the intrinsic aspects and contextual factors of living in a patriarchal and traditional society that significantly undermined the wellbeing of disabled women in this study. Nevertheless, many of those interviewed refused to give up their hope of having a family life despite the constant struggles they encountered in their pursuit of happiness. However, their aspirations to experience family life were restricted and this caused them to experience significant psycho-emotional problems. They were constantly reminded that they were ‘disabled’ and not worthy of experiencing life like other women. The paper will discuss these challenges and negative societal attitudes towards the issue.     

Marriages among people with disabilities in 19th-century Sweden: marital age and spouse’s characteristics

ABSTRACT

While marrying was an expected event in 19th-century Western society and has been subject to much historical research, there are few studies on how disabilities influenced people’s marriage patterns and spouse selection. The aim of this analysis is to contribute clarification on this issue by examining with whom disabled men and women married and the marital age and socio-demographic characteristics of them and their spouses. In total, 188 disabled individuals born in the first half of the 19th century and who married in the Sundsvall region, Sweden, are studied. The results reveal that disabled men and women did not marry each other, and they entered into marriage at a slightly higher age than the average, although there was usually no marked age gap between them and their spouse. Endogamous patterns were primarily found regarding the socio-spatial background of the two spouses. This analysis is one of the few studies identifying the marriages among a comparatively large number of disabled people using demographic data. Their participation in the partner pool highlight their agency historically and emphasize that disability did not lead to distance from social life in past society.     

Romantic partners and young adult offending: Considering the role of partner's socioeconomic characteristics

In this study, we examined whether and to what extent the effects on offending of marriage and different types of cohabitating partnerships depend on the romantic partner's socioeconomic status (SES). Such research addresses a key gap in knowledge regarding potential heterogeneity of effects on behavior of romantic partnerships. Drawing on the National Longitudinal Survey of Youth 1997, we examined the within‐individual effects of three romantic partner's socioeconomic characteristics–education, employment, and income–on offending from ages 18 to 34. Results revealed that marriage was related to reductions in arrest only for those whose spouse was employed (full or part time) and had income. In contrast to marriage, partner SES was not related to arrest among those who cohabited with a partner they never married. Additionally, partner SES was often associated with reductions in arrest among those who cohabited with a partner they later married, but the reductions were statistically indistinguishable across levels of partner SES. Lastly, these effects were experienced similarly for low‐ and high‐SES individuals alike, and no gender differences were detected in these effects. Our findings suggest that important life events such as marriage and cohabitation can be behavior‐altering transitions, but the effects of these events are variable.     

Equal reproduction rights? The right to found a family in United Nations’ disability policy since the 1970s

ABSTRACT

With the adoption of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) in 2006, disability as an issue of human rights and international law can no longer be ignored. The history of this convention can be traced back to the 1970s, when disability was framed in United Nations (UN) declarations as a human-rights issue at the global level. One of the recurrent topics of debate during this trajectory was the right of people with disabilities to found a family. This right was far from self-evident and was evaluated very differently by various stakeholders.

This study follows the right to have a family in UN disability policy since the 1970s. The history of the family in relation to disability at the global level has been a neglected field of enquiry compared to other concepts such as gender and race. This study investigates how and why the right to found a family was framed in the Declarations on the Rights of Mentally Disabled Persons (1971) and Disabled Persons (1975), the International Year of Disabled Persons (1981), the International Decade of Disabled Persons (1983 ? 1992), the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (1993) and the UNCRPD in 2006.

The trajectory of the right of people with disabilities to found a family that emerges from these cases shows a change in the 1990s from a social-policy to a human-rights approach towards disability – which reflects a broader trend in global and local histories of human rights. In the case of reproductive rights of people with disabilities this change meant that the emphasis was laid more on providing a legal protection for the individual against the interference of others (so-called negative freedom) than on enhancing the opportunities for disabled people to practice their (positive) freedom.     

Fear of the Disability Con: Perceptions of Fraud and Special Rights Discourse

This article presents a new framework for analyzing the development and implementation of disability law: the prism of the fear of “the disability con”—popular perceptions of fraud and fakery. We all encounter disability rights and accommodations in everyday life. However, people with disabilities pay a price for the legal recognition of their rights. People who park in disabled parking spots, use service dogs, move to the front of lines, receive Social Security benefits, or request academic accommodations are often viewed as faking disabilities and abusing the law. This disability con stereotype thus serves as an important invisible barrier preventing Americans with disabilities from fully taking part in society, as it not only undermines the public legitimacy of rights but also restricts the design and implementation of the legal regime illustrating those. Nevertheless, this moral panic around disability con in American society and its manifestations has yet to be studied in a systematic‐empirical way, nor has it been addressed in sociolegal scholarship. Using a mixed‐methods approach composed of an original nationally representative survey along with in‐depth interviews, this article fills this gap. The data suggest that the stereotype of disability con applies to multiple disability rights across venues and contexts; that nearly 60% of Americans with disabilities feel that others question their disability; that the stereotype of disability con extends to visible disabilities and to less apparent ones; and that, counterintuitively, the people most suspicious are nondisabled individuals with a personal connection to a disabled person and disabled people who experience suspicion themselves. Based on the richer understanding of the sociolegal phenomenon, this article suggests strategies to increase trust and reduce suspicion of the disability con.     

Romantic relationships across boundaries: global and comparative perspectives

ABSTRACT

In response to the mass globalization of the twenty-first century and associated migration, a recent boom in social-scientific research has analyzed various manifestations of ‘binational’, interreligious and interracial romantic relationships in the present and recent past. This special issue seeks to historicize this research by drawing on key case studies from around the world and across time and building on relevant historiography and theoretical literature. It seeks to chart how intermarriage and related relationships took shape: who participated in these unions? How common were they, and in which circumstances were they practiced (or banned)? With a global, diachronic and interdisciplinary perspective, we also aim to question some of the categories behind these relationships. Central to these issues, we argue, is the question of boundary formation. Here, we draw on social-scientific research that has emphasized multiple boundaries involved in the creation of identity and groups. We also highlight the intersectionality of those boundaries, meaning that notions about ethnicity, religion, gender and social class often overlap and intersect in various ways when it comes to relationships. Contributions to this collection tap a range of related questions, such as how did geographical boundaries – for example, across national lines, distinctions between colonies and metropoles or metaphors of the ‘East’ and the ‘West’ – shape the treatment of intermarriage? What role have social and symbolic boundaries, such as presumed racial, confessional or socio-economic divides, played? To what extent and how were those boundaries blurred in the eyes of contemporaries? How have bureaucracies and law contributed to the creation of boundaries preventing romantic unions? Romantic relationships, we suggest, provided a key test case for boundary crossings because they brought into sharp relief assumptions not only about community and assimilation, but also about the sanctity of the intimate sphere of love and family.     

Disability,Rights, and the Construction of Sexuality in Tort Claims

This study empirically investigates how courts define sexuality of disabled persons in the absence of a formal right to sexuality. The focus of the study is tort law, a field ungoverned by direct disability rights legislation, assuming that tort law is the law of disablement as it concerns the transformative process of becoming disabled. The study investigates the types of damages courts have awarded for harm to sexual functioning, inquiring to whom and under what conditions have they been awarded. Additionally, it examines the discourse that characterizes each type of damages, and the legal, social, medical, and healthcare policy developments that have affected courts' rhetoric and reasoning. Our findings reveal shifting trends in scale, content, and inclusiveness of beneficiaries in terms of gender and age. Over time, courts have adopted a more hopeful and dynamic approach to disabled persons' sexuality while remaining within an individual‐medical framework. We suggest that these shifting trends can be linked to the slow diffusion of the social‐affirmative approach to disability, the limits of tort law as a field, and the role of healthcare policy in shaping the landscape of tort claims.     

Breaking the silence. Family ties and social networks of the deaf. A case study of East Flanders,Belgium, 1750–1950

In this article the social networks and family ties of a pre-industrial (married and/or died between 1770 and 1850) and industrial (married and/or died between 1850 and 1950) cohort of deaf men and women are compared to each other and to a cohort of non-disabled siblings. The aim is to assess the extent to which the deaf participated in a full-fledged manner in family and social life and to evaluate the ways in which their social networks changed as a result of nineteenth-century industrialisation processes. The extent of social integration is deduced from the profile of the witnesses registered in marriage and death certificates. In the absence of personal testimonies of social experiences, demographic sources are invaluable for providing a glimpse of the everyday social life of ordinary people in the past. In combination with historical records identifying disabled individuals, this research is a first attempt to study the social opportunities of an up-until-now often forgotten, but nevertheless integral part of society: the disabled. Based on the analysis of the witnesses, this article argues that in the course of the nineteenth century deaf individuals became less embedded in their social environment and their relationship with their family weakened. The minority of married deaf persons, however, expressed a much higher connectedness with family.     

Roads diverged: An examination of violent and nonviolent pathways in the aftermath of the Bosnian war*

Despite renewed interest among criminologists in war and genocide, still understudied are the implications of mass violence for human development and behavior over the life course. By drawing on detailed life history data gathered from 55 male Bosnian refugees and nationals, in this work, I examine the shared beginnings of men who experienced the Bosnian war and genocide (1992–1995) in their youth, as well as examine their divergent pathways over time and across two distinct postwar contexts. My findings reveal that violent pathways are shaped by the confluence of social–psychological mechanisms (e.g., the normalization of violence) and exogenous risk factors (e.g., family disruption and loss of male role models). Compared with nonviolent men, who emphasize themes of catharsis and resilience, and the emulation of prosocial models of masculinity, violent men's narratives are distinguished by themes of persecution and exile, the emulation of violent role models, and contextual barriers to attaining valued masculine identities. Beyond the experience of war, these findings have implications for understanding how early experiences of chronic violence and community disruption shape turning points and cultural frames over the life course, and they indicate that studies of violent pathways should grant greater primacy to the social–historical context and the meaning individuals ascribe to their experiences.     

“…everywhere she went I had to tag along beside her”: Family,life course,and everyday mobility in England since the 1940s

Mobility is one of the most important constituents of everyday life, yet it is rarely studied historically and we know little of how it relates to changing family and life course constraints. Using data drawn from oral life histories, this article examines changes in everyday mobility over the past 60 years focusing both on changes over the life course and on the constraints imposed by family structures. We argue that, like residential migration, daily mobility has been closely related to the life course, with women especially affected by the constraints of motherhood and marriage. However, there is evidence that such constraints have changed over time, and that some older people today enjoy more mobility than they did at earlier life stages. We also argue that the independent mobility of children was closely related to the family structure in which they were situated, but that these constraints have changed much less over the past 60 years. The oral testimonies examined also highlight the variability of mobility experiences and the role of the individual in fashioning mobility behavior.     

The history of family and colonialism: Examples from Africa,Latin America,and the Caribbean

The historical study of the family started later in the “Third World” than in Europe and North America, and the link between colonialism and family structures in the colonized or formerly colonized countries has not been explored thoroughly. In this issue we have chosen examples from Africa, Latin America, and the Caribbean in part because the importance of people of African background in both continents provided a certain link. The main connection, though, was the fact that all examined cultures had to cope with Christian-European family norms and with the values of the colonizers. The aims, forms, and historical circumstances of the colonial situation were quite different in all the cases examined. When changing conditions made traditional kinship bonds less reliable or less workable, people turned to alternative institutions such as gynaegamy or gender groups. If there is one conclusion to be drawn from all the examined cases, it is that colonized societies had the ability to use a variety of family forms as they adjusted to new situations.     

The history of family and colonialism: Examples from Africa,Latin America,and the Caribbean

The historical study of the family started later in the “Third World” than in Europe and North America, and the link between colonialism and family structures in the colonized or formerly colonized countries has not been explored thoroughly. In this issue we have chosen examples from Africa, Latin America, and the Caribbean in part because the importance of people of African background in both continents provided a certain link. The main connection, though, was the fact that all examined cultures had to cope with Christian-European family norms and with the values of the colonizers. The aims, forms, and historical circumstances of the colonial situation were quite different in all the cases examined. When changing conditions made traditional kinship bonds less reliable or less workable, people turned to alternative institutions such as gynaegamy or gender groups. If there is one conclusion to be drawn from all the examined cases, it is that colonized societies had the ability to use a variety of family forms as they adjusted to new situations.     

BREAKING UP IS HARD TO DO: ROMANTIC DISSOLUTION,OFFENDING, AND SUBSTANCE USE DURING THE TRANSITION TO ADULTHOOD*

Recent studies have directed attention to the nature of romantic involvement and its implications for offending over the life course. However, this body of research has overlooked a defining aspect of nonmarital romantic relationships: Most come to an end. By drawing on insights from general strain theory, the age‐graded theory of informal social control, and research on delinquent peer exposure, we explore the impact of romantic dissolution on offending and substance use during late adolescence and emerging adulthood. Using data from the 1997 cohort of the National Longitudinal Survey of Youth, we arrive at three general conclusions: 1) Experiencing a breakup is directly related to a range of antisocial outcomes; 2) the effect of a breakup is dependent on post‐breakup relationship transitions; and 3) a breakup is associated with increases in offending and substance use among males and in substance use among females. We conclude with a discussion of the implications of our findings for the future of research on romantic involvement and crime over the life course.     

Social Security benefits; disability insurance benefits; deductions, reductions, and nonpayments of benefits--SSA. Final rules with comment period

These regulations amend the existing regulations under which Social Security benefits payable to a disabled worker and his or her family may be reduced because of the worker's concurrent entitlement to workers' compensation benefits. They provide that entitlement to certain other public disability benefits may reduce the disability benefits paid by Social Security; that the reduction applies to the first month of concurrent entitlement regardless of the month in which we are notified of entitlement to the public disability benefit; and that the reduction applies to all months of concurrent entitlement until the disabled worker attains age 65. These regulations also provide that where a public disability law or plan provides for reduction of the public disability benefit on the basis of entitlement to Social Security disability insurance benefits that provision will preclude reduction of the Social Security benefits but only if it was in effect on February 18, 1981. These regulations implement section 2208 of the Omnibus Budget Reconciliation Act of 1981 (Pub. L. 97-35).     

The social dynamics of revictimization and intimate partner violence: an embodied,gendered, institutional and life course perspective

This article offers a qualitative, institutional analysis of the dynamics of revictimization as the accumulation of disadvantages over time and across different institutional contexts, and its multiple gender dimensions. It draws on 37 qualitative interviews with victims of intimate partner violence, detailing the institutional causal pathways to victimization and revictimization over the life course, through the in-depth analysis of one case. Drawing on the vulnerability approach, developed by Martha Albertson Fineman, the analysis demonstrates how victimization and revictimization have been facilitated, tolerated, and even produced by particular institutional contexts, illustrating how the risk of revictimization is not a characteristic of the individual, nor is it destiny. The article contributes to a constructive social science, elucidating how victimization is contingent on social and institutional contexts, and how at several critical points, better institutions and better institutional responses to particular events might have prevented or interrupted the dynamics of accumulating victimization. Focusing on embodied, gendered subjects and the role of institutions in producing as well as remedying inequalities has far-reaching implications for research and prevention of violence. In contrast to a risk-factor approach targeting particular groups and individuals, a vulnerability analysis calls for a responsive state and universal institutional solutions.     

Disability Rights Commission: From Civil Rights to Social Rights

This paper argues that, although originally conceived as part of the ‘civil rights’ agenda, the development of disability rights in Britain by the Disability Rights Commission (DRC) is better seen as a movement towards the realization of social, economic, and cultural rights, and so as reaffirmation of the indissolubility of human rights in the round. As such, that process of development represents a concrete exercise in the implementation of social rights by a statutory equality body and a significant step towards the conception of disability rights as universal participation, not just individual or minority group entitlement. The paper considers the distinctive features of that regulatory activity. It asks what sort of equality the DRC set out to achieve for disabled people and where, as a result, its work positioned it on the regulatory spectrum. From the particular experience of the DRC, the paper looks forward to considerations of general relevance to other such bodies, including the new Equality and Human Rights Commission.     

Horizons of long-distance intimacies: Reciprocity, contribution and disjuncture in Cape Verde

This article employs the renewed anthropology of kinship to revisit historical approaches to the study of social relations taking place in transnational social fields. Based on multi-sited qualitative anthropological fieldwork with a strong historical perspective centred on biographical interviews and social network analysis, the author examines a particular Cape Verdean household that comprises four generations and extends its contacts between several Cape Verdean islands, Portugal, São Tomé/Príncipe as well as the United States. The contextualization of the individual life courses of its members and their changing relatedness in the course of time brings to surface a complex design of factors that contribute to the sense of belonging or detachment in this Creole transnational island society. These are different levels of mobility, the challenges and limits of diverse levels of technical connectivity between several localities, the dynamics between approved relatedness and family-based migration regimes as well as the normative aspects resulting in a gendered perspective on the demands of reciprocity. The author introduces the notion of a “contributive family model” in order to capture the individual choice of keeping in touch and the meaning of social practices, which transform ideas of relatedness into reconfirmed transnational solidarities.     

Nation as Partnership: Law, "Race," and Gender in Aotearoa New Zealand's Treaty Settlements

This article uses postcolonial theory to analyze the dynamic convergence of two significant international trends in Aotearoa New Zealand: the movement for reparations for historical colonial injustices, and the economic reform process known as “structural adjustment,” or Reaganomics in the United States, which was intended to produce a competitive nation of individual entrepreneurs. It argues that analysis of the interrelationships of law, “race,” gender, and nation in this convergence illuminates the reproduction and reshaping of colonial tropes, or historical racial configurations produced through colonization, in these current trends. In Aotearoa New Zealand, claims by indigenous Maori activists for self‐determination and redress of historical injustices spurred the emergence of alternative imagined communities with the potential to transform the nation. These alternative visions for the nation were shaped and limited by the economic law and policy reform of structural adjustment, producing a new official nationalism of partnership, implemented in settlements of breaches of the Treaty of Waitangi 1840. These partnerships resulted in a new individual identity of Maori men as entrepreneurs in a competitive nation. It produced a symbolic alliance of men across race that silenced and erased Maori activists' demands, and the leadership of Maori women, at the national level. The high profile partnerships, the erasure of Maori women, and relentless media attention to claims of sexism in Maori culture reproduced colonial tropes with images of the “progress” of the partnerships “saving” brown women from the sexism of brown men and “traditional” cultures. In this complex process the settlements were rational exercises of agency by the new Maori entrepreneurs with the goal of achieving economic autonomy, and worked to silence and erase the leadership of Maori women at the national level, even while women continued to be recognized as leaders at the local and regional levels. This analysis suggests that realization of the transformative potential of claims for redress of historical racial injustices requires attention to the repetition of raced and gendered dynamics of imagined communities that shape and limit that potential.