“陪产假”制度研究

"陪产假"作为一个实践中并不广为人熟知的名词和法律制度,一直以来并没有为男性职工所积极追求、为用人单位所严格遵守。"产假"之外,在女性分娩期另赋予男性合理期间的"陪产假"不仅对夫妻婚姻关系的和谐稳定,而且对于家庭的幸福,社会的文明发展皆具有重大意义。剖析"赔偿假"制度的内涵属性、法理基础和实在法的规定,旨在提升"陪产假"制度的效力位阶,与"产假"制度一起,共同促进代际亲昵、家庭关系和谐以及社会关系的良好发展。     

A case of multiple assignments (paternity/maternity) in an equine-out breeding system

Recently, the use of DNA markers has provided a more accurate method of identifying individuals and verifying parentage. In this report, we describe foal assignment in a farm bred jumping horses (Silla argentino). Ten mares were freely served by two stallions, resulting in nine foals. Weaning occurred without registration of the mare of each offspring, resulting in a failure to identify either the mare or the sire of each foal. Animals were typed using 12 microsatellite systems and four biochemical polymorphisms in order to determine the paternity/maternity of each foal. We used the CERVUS program to evaluate the parentage of each offspring. It was possible to determine maternity in eight cases, and paternity in all of them. We concluded that this set of codominant markers analyzed following a likelihood-based approach included in the CERVUS package, are useful tools to solve parentage assignments in domestic horses.     

White pregnant bodies on the Australian beach: a visual discourse analysis of family photographs

In this paper, I discuss a group of photographs that feature a place intrinsically related with Australian women’s photographic memories of pregnancy – the beach. Building on feminist interdisciplinary studies of family photography, I argue that family photographs of pregnancy contribute to alternative ways of knowing and interpreting the Australian beach landscape and the entangled social relations and interactions within these spaces. Data are drawn from a set of 34 pregnancy photographs that were taken at the beach in [Tasmania] between 1945 and 2013 and collected as part of a larger, ongoing mixed methods research project involving the analysis of 236 Australian family photographs of pregnancy. In this paper, I conduct a visual discourse analysis of three categories of beach pregnancy images including (1) the family holiday photograph, (2) the bikini photograph and (3) the ‘natural’ pregnant body/landscape photograph to enable a more precise account of how personal and cultural memories of the Australian beach intersect. In the concluding discussion, I suggest that the beach is a critical site for deepening sociological and feminist understandings of the production and expression of pregnant identities and Australian national identity.     

贵州苗族刺绣中的母体崇拜

苗族同胞以自然万物来歌颂对女性神的神秘生殖力量崇拜,在贵州苗族刺绣作品中,可以发现大量对母体生殖繁衍力量的隐喻与崇拜。在这些作品中,受到崇拜和隐喻的母体或化身为植物,或化身为动物,或化身为自然界的其他物象,通过刺绣把对大母神及其生殖繁衍力量的崇拜以借喻、隐喻的方式表达出来,而在具体的苗族民俗传承中,这种崇拜体现为对生殖意念的张扬和人丁兴旺的渴求。     

You can visit Hotel Mommy: maternal bodies as browsing/consuming biotourists

The technologically charged public domain of cyber(cultural)space, often constructed in opposition to women, femininity, and maternity, can also be a contested scholarly space with the potential to question dominant discourses of gender, race, class, sexuality, and maternity. The cyber-realm has also interconnections to webs of commercialism and the commodification of female and maternal bodies. In order to investigate this topic's interconnections in this paper, I turn to an examination of cybermaternity in the commercial maternity web pages of the Internet. In summary, I argue that mainstream and commercialized maternity websites are domains of paradox, with the possibility of overturning the previously mentioned dominant discourses even as they are saturated in commerce, desire to render maternal bodies completely knowable and conventional tropes of maternity. To further this investigation, I turn to Kim Sawchuk's theory of biotourism to examine discourses of medico-technology and the desire to observe the inner workings of the pregnant body. I argue that this biotouristic desire is enabled by the immediacy of the websites and delivered in the jocular tone of mainstream maternity magazines. In order to further examine possible manifestations of biotourism, I also make use of Jay David Bolter's and Richard Grusin's concept of remediation: the tendency of particular media to represent and refashion other media in response to general Western cultural desires for immediacy.     

The impact of the family and medical leave act

This article uses data from employer surveys and the March Current Population Survey to investigate the impact of the Family and Medical Leave Act (FMLA) on coverage, leave‐taking, employment, and earnings. The variation in state laws prior to the FMLA and the variation in coverage under the FMLA provides a “natural experiment” in which the effect of the law can be compared for treatment and con‐trol groups. Although the FMLA covers less than half of workers in the private sector (many of whom already had coverage pre‐FMLA), this article finds that leave cover‐age and usage did increase post‐FMLA. The other surprising finding is that this mandated benefit had no significant negative effects on women's employment or wages. ©1999 by the Association for Public Policy Analysis and Management.     

工作场所产假和哺乳期女职工权益保护研究

2021 年,中国正式实施三孩政策,并提出要完善三孩政策配套措施。由于我国女性就业率居世 界前列,三孩政策下企业用工成本上升与女职工生育保护之间的矛盾将会更加突出。基于全国工作场所产假及 哺乳期女职工权益保护问卷调查数据和深度访谈资料,本研究在系统梳理国内外工作场所生育保护相关法律制 度的基础上,对深度访谈和调查问卷加以呈现和分析,并对完善我国产假和哺乳制度及其配套设计提出政策建 议：在全社会植入生育保护的理念;全面评估和改善我国的生育假期制度;发挥政府、雇主和工会三方机制作用, 落实工作场所生育保护;适应女职工哺乳需求,创新工作场所哺乳保护。     

SURROGACY IN JAPAN: LEGAL IMPLICATIONS FOR PARENTAGE AND CITIZENSHIP

Japan has not yet regulated assisted reproductive technology by law. This lack of rules and regulations leaves to the courts the solution of numerous controversies, and puts patients in a situation of considerable uncertainty about their rights. First, the article uses a Supreme Court case on foreign surrogacy to discuss how courts should decide when there is a conflict between existing laws and the best interest of the child. Then, after describing the current situation and trends of surrogacy in Japan, the article examines a potential problem of coherence in prohibiting surrogacy and at the same time allowing adoption by the intended parents.     

Child-related leave and women’s labour market outcomes: towards a new paradigm in the European Union?

The current European Union (EU) legislative framework on child-related leave is facilitating an imbalance in the take-up of leave by women over men. There is a consolidated EU right to maternity leave for mothers but there is no parallel EU right to paternity leave for fathers. The EU right to parental leave is for both working mothers and fathers, but its design does not encourage an equal take-up by women and men. The aim of this article is to gain insight into the effects of child-related leave on women’s labour market outcomes. On the one hand, it reviews and analyses economic literature which points to the adverse consequences of leave on women’s earnings, and even on women’s labour market participation when the absences from work are very prolonged. On the other hand, it underlines the new direction followed by the European Commission towards greater equality between men and women at home and at work.     

Dancing on the head of a pin? Foetal life and the european convention

The case of Vo v. France represents the latest phase of the European Court of Human Rights’ thinking on the scope of Article 2 of the European Convention on Human Rights (the right to life) in relation to foetal life where a foetus had been lost owing to a medical accident. The Court by a majority decided that, “even assuming” Article 2 applied to the instant case (albeit to the life of the pregnant woman rather than that of the foetus), it had not been violated. While the facts in Vo were extreme and exceptional, the Court will shortly hear the case of D v. Ireland concerning access to abortion for foetal anomaly, an application made under Articles 3, 8, 10 and 14 of the European Convention. If the case of D were declared admissible, the Court would then have to consider whether a denial of access to abortion for foetal anomaly constitutes inhuman and degrading treatment contrary to Article 3, or an interference with a pregnant woman’s right to respect for private life under Article 8 (and if so, how the doctrine of the margin of appreciation applies). The Grand Chamber precedent of Vo displays ambivalence about whether Article 2 should apply to foetal life, and its resort to the “even assuming” formula spared Member States the difficulty of having to justify their various abortion regimes, by reference to this Article. It remains to be seen whether in a case like D that is directly concerned with abortion, the Court will take a more definite stance on the correct balance to be struck between the State’s interest in protecting foetal life and the Convention rights of pregnant women. Vo v. France [G.C.], judgment of 8th -July 2004, no. 53924/00; D v. Ireland [4th section], no. 26499/02, oral hearing on admissibility and merits, 6 September 2005