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1.
Arch Sex Behav ; 53(5): 1681-1694, 2024 May.
Artículo en Inglés | MEDLINE | ID: mdl-38383942

RESUMEN

The traditional gender binary constitutes an integral aspect of Islamic social ethics, which has a pivotal role in shaping religious obligations, legal proceedings, and interpersonal judgments within Muslim communities. Within the familial sphere, this gender binary underscores fundamental responsibilities encompassing parenthood, filial duties, and inheritance rights. Recent years have witnessed a growing challenge to the traditional concept of the gender binary within Islamic societies. This shift is driven by increasing social libertarianism that emphasizes gender fluidity and individual choice. Hence, this article aims to critically scrutinize evolving discussions and controversies about the rights of intersex and transgender individuals, particularly issues relating to sex reassignment or gender-affirming surgery, marriage, and reproduction, from the perspective of the Sunni tradition of Islam. To support the various interpretations and insights presented here, a comprehensive and rigorous analysis is carried out on various religious texts and scholarly sources to elucidate the theological and jurisprudential positions on gender issues. It is thus concluded that Shariah offers greater flexibility in the treatment of intersex individuals compared to those with gender dysphoria because the intersex condition is viewed as a physical impairment that is not the choice of the afflicted individual. By contrast, in the case of individuals with gender dysphoria, they are willfully attempting to change their recognized biological sex, that God had naturally given to them at birth. Therefore, it is recommended that such transgender individuals deserve respectful psychological and social rehabilitation with help and guidance from religious authorities, their families, and communities.


Asunto(s)
Islamismo , Matrimonio , Derechos Sexuales y Reproductivos , Cirugía de Reasignación de Sexo , Personas Transgénero , Humanos , Cirugía de Reasignación de Sexo/legislación & jurisprudencia , Personas Transgénero/psicología , Matrimonio/legislación & jurisprudencia , Matrimonio/psicología , Masculino , Derechos Sexuales y Reproductivos/legislación & jurisprudencia , Femenino , Trastornos del Desarrollo Sexual/psicología , Trastornos del Desarrollo Sexual/cirugía
2.
Proc Natl Acad Sci U S A ; 121(8): e2317704121, 2024 Feb 20.
Artículo en Inglés | MEDLINE | ID: mdl-38346203

RESUMEN

While modern family-related ideas and behaviors have become more widely accepted in contemporary China, Chinese Muslim minorities continue to hold on to traditional religious practices. Surprisingly, data from our survey conducted in Gansu province in China's northwestern borderlands reveal that Muslims of the Hui and Dongxiang ethnicities reported much higher rates of cohabitation experience than the secular majority Han. Based on follow-up qualitative interviews, we found the answer to lie in the interplay between the highly interventionist Chinese state and the robust cultural resilience of local Islamic communities. While the state maintains a high minimum legal age of marriage, the early marriage norm remains strong in Chinese Muslim communities, where religion constitutes an alternative and often more powerful source of legitimacy-at least in the private sphere of life. Using the 2000 census data, we further show that women in almost all 10 Muslim ethnic groups have higher percentages of underage births and premarital births than Han women, both nationally and in the northwest where most Chinese Muslims live. As the once-outlawed behavior of cohabitation became more socially acceptable during the reform and opening-up era, young Muslim Chinese often found themselves in "arranged cohabitations" as de facto marriages formed at younger-than-legal ages. In doing so, Chinese Muslim communities have reinvented the meaning of cohabitation. Rather than liberal intimate relationship based on individual autonomy, cohabitation has served as a coping strategy by which Islamic patriarchs circumvent the Chinese state's aggressive regulations aimed at "modernizing" the Muslim family.


Asunto(s)
Pueblo Asiatico , Cultura , Islamismo , Matrimonio , Femenino , Humanos , Pueblo Asiatico/estadística & datos numéricos , China/epidemiología , Etnicidad , Conducta Sexual/etnología , Conducta Sexual/estadística & datos numéricos , Matrimonio/etnología , Matrimonio/legislación & jurisprudencia , Matrimonio/estadística & datos numéricos
3.
J Interpers Violence ; 39(11-12): 2782-2810, 2024 Jun.
Artículo en Inglés | MEDLINE | ID: mdl-38193437

RESUMEN

Historically, same-sex intimate partner violence (IPV) was ignored, and victims often experienced high rates of harassment and intimidation from police, leading to low reporting of same-sex IPV incidents, victims' unwillingness to cooperate with the police, and common arrests in such incidents. Although the Supreme Court's decision in Obergefell v. Hodges (2015) legalized and legitimized same-sex marriages and relationships in the U.S., mandating the inclusion of same-sex partners in protective order laws and yielding collateral benefits for victims of same-sex IPV, it is unclear if the decision has had a positive effect on same-sex IPV clearance rates. This study uses National Incident-Based Reporting System data to compare IPV clearance (arrest, dual arrest, victim noncooperation, and prosecution declined) pre (2013/2014) and post (2016/2017) Obergefell v. Hodges (2015). Regression results show no substantial changes in same-sex IPV clearance after Obergefell v. Hodges (2015). Compared to opposite-sex IPV, same-sex IPV was less likely to be cleared by arrest but much more likely to be cleared by dual arrest, victim noncooperation, and prosecution declined. Same-sex IPV involving Black couples and married partners were also less likely to be cleared by arrest but more likely to be cleared by dual arrest than Black/White same-sex IPV and incidents involving unmarried partners, respectively. Moreover, same-sex IPV victims experience unfavorable criminal justice outcomes in states with mandatory arrest policies but fare better in states that supported same-sex relationships prior to Obergefell. The implications of these findings for practice and research are discussed.


Asunto(s)
Violencia de Pareja , Matrimonio , Humanos , Violencia de Pareja/estadística & datos numéricos , Violencia de Pareja/legislación & jurisprudencia , Femenino , Masculino , Matrimonio/legislación & jurisprudencia , Estados Unidos , Adulto , Decisiones de la Corte Suprema , Homosexualidad/estadística & datos numéricos , Persona de Mediana Edad , Adulto Joven
5.
PLoS One ; 16(10): e0258656, 2021.
Artículo en Inglés | MEDLINE | ID: mdl-34653223

RESUMEN

BACKGROUND: Despite the prohibition by the law in 1961, dowry is widely prevalent in India. Dowry stems from the early concept of 'Stridhana,' in which gifts were given to the bride by her family to secure some personal wealth for her when she married. However, with the transition of time, the practice of dowry is becoming more common, and the demand for a higher dowry becomes a burden to the bride's family. Therefore, this study aimed to determine the factors associated with the practice of dowry in Bihar and Uttar Pradesh. METHODS: We utilized information from 5206 married adolescent girls from the Understanding the lives of adolescents and young adults (UDAYA) project survey conducted in two Indian states, namely, Uttar Pradesh and Bihar. Dowry was the outcome variable of this study. Univariate, bivariate, and multivariate logistic regression analyses were performed to explore the factors associated with dowry payment during the marriage. RESULTS: The study reveals that dowry is still prevalent in the state of Uttar Pradesh and Bihar. Also, the proportion of dowry varies by adolescent's age at marriage, spousal education, and household socioeconomic status. The likelihood of paid dowry was 48 percent significantly less likely (OR: 0.52; CI: 0.44-0.61) among adolescents who knew their husbands before marriage compared to those who do not know their husbands before marriage. Adolescents with age at marriage more than equal to legal age had higher odds to pay dowry (OR: 1.60; CI: 1.14-2.14) than their counterparts. Adolescents with mother's who had ten and above years of education, the likelihood of dowry was 33 percent less likely (OR: 0.67; CI: 0.45-0.98) than their counterparts. Adolescents belonging to the richest households (OR: 1.48; CI: 1.13-1.93) were more likely to make dowry payments than adolescents belonging to poor households. CONCLUSION: Limitation of the dowry prohibition act is one of the causes of continued practices of dowry, but major causes are deeply rooted in the social and cultural customs, which cannot be changed only using laws. Our study suggests that only the socio-economic development of women will not protect her from the dowry system, however higher dowry payment is more likely among women from better socio-economic class.


Asunto(s)
Matrimonio/legislación & jurisprudencia , Matrimonio/tendencias , Adolescente , Escolaridad , Femenino , Humanos , India , Modelos Logísticos , Factores Socioeconómicos , Encuestas y Cuestionarios , Adulto Joven
7.
Med Sci (Paris) ; 37(4): 392-395, 2021 Apr.
Artículo en Francés | MEDLINE | ID: mdl-33908858

RESUMEN

"In the Republic, it is not allowed to deliver virginity certificates, prior to marriage; in the French Republic, the laws of religion cannot prevail over the laws of the Republic" said President Emmanuel Macron in February 2020. Nevertheless, what about the religious status of these certificates? Why focusing only on virginity certificates without mentioning the concomitant practice of hymen rehabilitation? There is a whole range of revirginization surgical practices, such as nymphoplasty or vaginoplasty, among which hymenoplasty figures only incidentally?


TITLE: Des « certificats de virginité ¼ aux hyménoplasties en France. ABSTRACT: « Dans la République, on ne peut pas exiger des certificats de virginité pour se marier ; dans la République, on ne doit jamais accepter que les lois de la religion puissent être supérieures aux lois de la République ¼, telle est la déclaration en février 2020 du président Emmanuel Macron. Mais quel est donc le statut de ces certificats de virginité, est-il véritablement religieux ? Pourquoi se focaliser sur les « certificats de virginité ¼ sans jamais évoquer la pratique concomitante de la réfection d'hymen ? N'existe-t-il pas une diversité de pratiques chirurgicales participant du processus de revirginisation telle que la nymphoplastie ou la vaginoplastie ; l'hyménoplastie ne serait-elle que la pointe émergée de l'iceberg ?


Asunto(s)
Certificación/legislación & jurisprudencia , Himen/cirugía , Islamismo , Abstinencia Sexual , Vagina/cirugía , Femenino , Francia , Procedimientos Quirúrgicos Ginecológicos , Humanos , Himen/anatomía & histología , Matrimonio/legislación & jurisprudencia , Autonomía Personal , Sexismo
8.
Nat Hum Behav ; 5(8): 1021-1026, 2021 08.
Artículo en Inglés | MEDLINE | ID: mdl-33737731

RESUMEN

Intimate partner violence (IPV) affects 30% of ever-partnered women worldwide. This study demonstrates how stronger female marital property rights can lead to lower levels of IPV. If women are financially protected outside of marriage, they in turn experience lower levels of violence inside marriage. Using a natural experiment from the colonization of Sub-Saharan Africa, this study aims to isolate the direct effect of large-scale changes to women's property rights from other IPV risk factors. The findings show that more equitable marital property rights could both reduce the incidence of IPV and also increase women's own condemnation of the violence. The empirical estimates suggest that legal property reform could render at least 12 million women less vulnerable to IPV across Sub-Saharan Africa.


Asunto(s)
Equidad de Género , Violencia de Pareja/prevención & control , Matrimonio/legislación & jurisprudencia , Propiedad/legislación & jurisprudencia , Derechos de la Mujer , Adolescente , Adulto , África del Sur del Sahara , Femenino , Humanos , Persona de Mediana Edad , Maltrato Conyugal/prevención & control , Encuestas y Cuestionarios , Adulto Joven
9.
J Homosex ; 68(1): 88-111, 2021 Jan 02.
Artículo en Inglés | MEDLINE | ID: mdl-31241421

RESUMEN

In June 2015, the U.S. Supreme Court made a landmark decision to legalize marriage for same-sex couples amid nationwide debate and media coverage of this controversial issue. Using a content analysis of newspaper articles and television transcripts (N = 286) from top news outlets, this study examines the frames used in news coverage of same-sex marriage before and after the decision and tone of coverage by frame and medium. Findings suggest that frames and tone differed by medium, with television generally presenting more negative coverage and print more positive coverage. Results also suggest that some coverage frames were more negative than others and that the dominant frames of coverage differed from pre- to post-decision. This study helps improve our understanding of how the public was informed before and after a historic decision and illuminates the differences between frame and tone of coverage by medium, and by medium over time.


Asunto(s)
Medios de Comunicación , Matrimonio/legislación & jurisprudencia , Decisiones de la Corte Suprema , Derechos Civiles , Composición Familiar , Humanos , Política , Religión y Sexo , Estados Unidos
10.
J Homosex ; 68(9): 1525-1544, 2021 Jul 29.
Artículo en Inglés | MEDLINE | ID: mdl-31833823

RESUMEN

In the United States, legal marriage has found itself simultaneously serving as a pact made by two individuals, an agreement under the state's control, and a legal status with social implications. The influences of legal marriage on social levels are not monolithic, as a result, there is not a comprehensive definition of marriage that supports the diverse relationships that exist, including same-sex marriage. Moreover, explicit attention to verbal communication in reference to these relationships has rarely been documented. Utilizing a qualitative framework and semi-structured interviews, this study investigated the relationship between marriage equality and its impact on language appropriation for 28 gay men living in various parts of the United States. Results of analysis situated in grounded theory via the constant comparative method indicated that for many in this sample, access to legal marriage facilitated unapologetic use of language associated with marriage, irrespective of one's own marital status. These findings are in stark contrast to studies exploring adoption of marriage language by lesbian women. Implications across private and public arenas are discussed.


Asunto(s)
Homosexualidad Masculina , Lenguaje , Matrimonio , Minorías Sexuales y de Género , Adulto , Anciano , Teoría Fundamentada , Humanos , Entrevistas como Asunto , Masculino , Matrimonio/legislación & jurisprudencia , Persona de Mediana Edad , Estados Unidos , Adulto Joven
11.
J Homosex ; 68(2): 290-310, 2021 Jan 28.
Artículo en Inglés | MEDLINE | ID: mdl-31408406

RESUMEN

Despite the recent expansion of marriage rights within the U.S., relatively little is known about marriage-related practices among people in same-sex relationships. The current study extends prior research by investigating marital surname preferences in a large, sociodemographically diverse sample of U.S. adults in same-sex relationships. Participants (N = 179) described their surname preferences in an open-ended format. Thematic analysis revealed that many participants were open to making some type of marital surname change. When explaining their surname preferences, participants often cited their desire to unite the whole family under the same surname. Importantly, however, quantitative analyses illustrated that surname preferences significantly varied according to sociodemographic background characteristics such as age. Collectively, findings suggest a possible generational shift in surname preferences among individuals in same-sex relationships.


Asunto(s)
Matrimonio , Nombres , Adolescente , Adulto , Femenino , Humanos , Masculino , Matrimonio/legislación & jurisprudencia , Persona de Mediana Edad , Conducta Sexual , Estados Unidos , Adulto Joven
12.
J Homosex ; 68(3): 389-414, 2021 Feb 23.
Artículo en Inglés | MEDLINE | ID: mdl-31483220

RESUMEN

State-level legislation was instrumental in achieving marriage equality and is similarly crucial in establishing protection from discrimination for LGBT employees. States that were early legalizers of same-gender marriage shared geographic, political, and demographic variables. An analysis of the characteristics of states that are early adopters of legislation prohibiting LGBT employment discrimination lacks in the literature. This study analyzed variables significant to the early state adoption of legislation prohibiting discrimination against LGBT employees using multinomial logistic regression. A state's region, the size of its urban population, college graduates, and the percentage of same-gender families were among nine variables significant to state adoption of anti-discrimination statutes protecting LGBT employees. Efforts to secure protection from discrimination for LGBT employees should focus on fair working conditions for all as opposed to specific rights based on sexual orientation and gender identity. Further, different LGBT rights issues may warrant different strategies for public support.


Asunto(s)
Derechos Humanos , Sexismo/legislación & jurisprudencia , Minorías Sexuales y de Género/legislación & jurisprudencia , Adolescente , Adulto , Anciano , Femenino , Identidad de Género , Humanos , Masculino , Matrimonio/legislación & jurisprudencia , Persona de Mediana Edad , Derecho al Trabajo/legislación & jurisprudencia , Conducta Sexual , Factores de Tiempo , Estados Unidos , Adulto Joven
13.
Ann Behav Med ; 55(6): 557-570, 2021 06 02.
Artículo en Inglés | MEDLINE | ID: mdl-33196079

RESUMEN

BACKGROUND: Exposure to structural stigma (i.e., societal norms and policies that constrain access to resources) may help explain poor health outcomes among sexual minority (SM) individuals in the USA. PURPOSE: We examined the relationship between structural stigma and smoking prevalence among U.S. SM and heterosexual adults. METHODS: We adapted an index to capture multiple state-level structural stigma indicators, including attitudes toward same-sex marriage; the geographical density of same-sex couples; and state-level policies toward SMs. The outcome variable was current smoking, derived from the National Adult Tobacco Survey (2012-2014). Poisson regression models stratified by SM status were used to assess the relationship between structural stigma and the prevalence ratio (PR) of current smoking. We included a squared term for stigma to explore nonlinear relationships between stigma and smoking. Interaction terms were used to examine effect modification by sex. RESULTS: Adjusted models suggested a curvilinear PR relationship between stigma and smoking for both SM (linear PR = 1.03 [0.97-1.08]; quadratic PR = 0.98 [0.97-1.00]) and heterosexual (linear PR = 1.00 [0.99-1.02]; quadratic PR = 0.99 [0.988-0.995]) adults. The quadratic term was significant (p < .05) for both SM and heterosexual respondents, however, the change in probability of smoking associated with structural stigma was more pronounced among SM individuals. Specifically, the highest and lowest exposures to stigma were associated with the lowest probabilities of smoking. There was no apparent effect modification by sex. CONCLUSIONS: Findings lend support to addressing SM structural stigma as a driver of smoking, particularly among SM adults.


Asunto(s)
Heterosexualidad/psicología , Minorías Sexuales y de Género/psicología , Fumar/epidemiología , Estigma Social , Adulto , Actitud , Femenino , Heterosexualidad/estadística & datos numéricos , Humanos , Masculino , Matrimonio/legislación & jurisprudencia , Política Pública/legislación & jurisprudencia , Minorías Sexuales y de Género/legislación & jurisprudencia , Minorías Sexuales y de Género/estadística & datos numéricos , Encuestas y Cuestionarios , Estados Unidos/epidemiología , Adulto Joven
14.
Demography ; 57(5): 1787-1808, 2020 10.
Artículo en Inglés | MEDLINE | ID: mdl-32901405

RESUMEN

I provide evidence on the direct effects of legal same-sex marriage in the United States by studying Massachusetts, the first state to legalize it in 2004 by court order. Using confidential Massachusetts data from 2001-2013, I show that the ruling significantly increased marriage among lesbians, bisexual women, and gay men compared with the associated change for heterosexuals. I find no significant effects on coupling. Marriage take-up effects are larger for lesbians than for bisexual women or gay men and are larger for households with children than for households without children. Consistent with prior work in the United States and Europe, I find no reductions in heterosexual marriage.


Asunto(s)
Matrimonio/legislación & jurisprudencia , Minorías Sexuales y de Género/estadística & datos numéricos , Adolescente , Adulto , Sistema de Vigilancia de Factor de Riesgo Conductual , Bisexualidad , Composición Familiar , Femenino , Homosexualidad Femenina , Homosexualidad Masculina , Humanos , Masculino , Massachusetts , Persona de Mediana Edad , Adulto Joven
15.
PLoS One ; 15(7): e0235959, 2020.
Artículo en Inglés | MEDLINE | ID: mdl-32678862

RESUMEN

In this study, we synthesized findings from qualitative studies to identify the key factors that influence child marriage. We used a meta-ethnographic approach coupled with thematic synthesis. We searched literature from nine databases, which were in English language, covering areas in public health, psychology, and social science between 2008 and 2018. Twelve studies were included in the synthesis. We identified six main themes: human insecurity and conflict; legal issues; family values and circumstances; religious beliefs; individual circumstances, beliefs, and knowledge; and social norms. Our findings highlight the impact of human insecurity and conflict, as well as legal issues. In spite of global progress scaling up legislation against child marriage, the legal framework is insufficiently enforced in many settings. Most of the included studies were from the Middle East, Africa, and South Asia. Studies from other parts of the world such as Latin America and Southeast Asia, which have the highest rates of child marriage, are needed.


Asunto(s)
Matrimonio , Niño , Femenino , Humanos , Matrimonio/etnología , Matrimonio/legislación & jurisprudencia , Matrimonio/psicología , Investigación Cualitativa , Religión , Normas Sociales
16.
J Community Psychol ; 48(6): 1882-1897, 2020 08.
Artículo en Inglés | MEDLINE | ID: mdl-32419216

RESUMEN

Qualitative study explores the adjustment process of young Bedouin women in Israel who were minors and legally underage when they married. Child brides have always existed in Bedouin society, which sees marriage as a social and religious framework that protects the girl. This study's participants, 30 young women who were 13-17 when they married, shed light on the long and continuing process of adjustment, the sharp transitions in their lives, and their cognitive assimilation of married life. Their stories allow a glimpse of how a generation of young women within a traditional, strongly patriarchal society is starting to challenge accepted traditional practices. The case of Bedouin society may be relevant to other traditional societies, to indigenous peoples, and in general to the issue of child marriage that is so widespread globally. Child brides, a worldwide phenomenon, have always existed in Bedouin society, which sees marriage as a social and religious framework that protects the girl and her family from dishonor. Such marriages continue despite legal prohibition. This qualitative study in the phenomenological tradition explores the adjustment process of young Bedouin women in Israel who were legally underage when they married. The participants, 30 young women who married at ages 13-17, were recruited from the case loads of social workers in southern Israel. Data were obtained through in-depth semistructured interviews. The data shed light on the women's long and continuing process of adjustment, the sharp transitions in their lives, and their cognitive assimilation of married life and motherhood. Optimism that everything will work out and individual and family resilience are important factors, but the adjustment process is different for each of two groups of the participants: In one group, the girl met her prospective husband before marriage, was engaged for at least 6 months, and was prepared by her family for marriage and intimate relations. In the second group, the girl did not know the prospective husband, was engaged very briefly (up to 1 month), was not prepared for marriage, and was not asked for her opinion or consent. For the second group, the adjustment process was longer and more difficult. The stories of both groups reveal how a generation of young women within a traditional, strongly patriarchal society is starting to challenge traditional practices, including the husband's dependence on his family and the mother-in-law's interference, although ultimately they conform to their society's norms. Social services need to be aware of the processes these young women are undergoing and to build suitable intervention programs for them, their spouses, and their families. Also needed is a program that will explain to girls and their families the implications of marriage at a young age. The case of Bedouin society may be relevant to other traditional societies, to indigenous peoples, and to the global issue of child marriage. This article contributes to global knowledge by presenting the world of these young women, members of a society that is undergoing powerful changes that have weakened the traditional establishment but that still clings to such values as honor and male supremacy.


Asunto(s)
Árabes/psicología , Ajuste Emocional/fisiología , Composición Familiar/etnología , Pueblos Indígenas/psicología , Matrimonio/psicología , Adolescente , Cognición/fisiología , Femenino , Humanos , Entrevistas como Asunto , Israel/epidemiología , Matrimonio/legislación & jurisprudencia , Matrimonio/estadística & datos numéricos , Madres/psicología , Investigación Cualitativa , Esposos/psicología
17.
LGBT Health ; 7(5): 264-270, 2020 07.
Artículo en Inglés | MEDLINE | ID: mdl-32456541

RESUMEN

Purpose: We aimed to characterize couple-level private insurance coverage among same-sex and different-sex couples before and after the Obergefell v. Hodges (OvH) decision legalizing same-sex marriage in the United States. Methods: National Health Interview Survey data were obtained for 2012-2014 (pre-OvH) and 2016-2018 (post-OvH). Coresiding couples with both partners aged 27-64 years and at least one having private insurance were included. Couple-level coverage was private for both; private for one, other coverage for another; and private for one, none for another. Secondary analysis examined whether either partner was covered by the policy of a family member in the household (partner/spouse coverage). Results: The analysis included 69,251 couples. Ninety percent had private coverage for both partners; 5% had one partner with other coverage; and 5% had one partner uninsured. The share of same-sex couples with both partners having private coverage increased from 79% to 88% after OvH (p = 0.003), whereas it remained at 90% among different-sex couples. In multivariable analysis, this increase was explained by the increase in legal marriage post-OvH. Among unmarried same-sex couples where both partners had private coverage, the odds of one partner being covered by another's policy decreased by 61% after OvH (95% confidence interval: 35%-76%). Conclusion: OvH was associated with greater access to private insurance for same-sex couples and lower risk that one partner would have private insurance while another would be uninsured. Yet, partners in unmarried same-sex couples became less likely to share the same private policy.


Asunto(s)
Cobertura del Seguro/estadística & datos numéricos , Seguro de Salud/estadística & datos numéricos , Matrimonio/legislación & jurisprudencia , Adulto , Femenino , Humanos , Masculino , Persona de Mediana Edad , Estados Unidos
18.
Psychiatr Pol ; 54(1): 153-162, 2020 Feb 29.
Artículo en Inglés, Polaco | MEDLINE | ID: mdl-32447363

RESUMEN

There are two types of proceedings before common courts for annulment of marriages during which expert psychiatrists are appointed. In the first type, the key task of the expert is to assess whether the presence of mental illness or mental retardation at the date of the marriage could possibly pose a threat to the marriage or health of future offspring. The expert performs a retrospective assessment not only of the course and severity of psychiatric disorders strictly distinguished by the legislator, but also their impact on the social functioning of a given person. In the second type of proceedings, marriage annulment is possible when the declaration of conclusion of a marriage was made by a prospective spouse who for whatever reason was in the state that excluded conscious expression of will. The task of the expert in this case is to assess the ability to perform a specific legal act. The aim of the analysis was to discuss problematic and unclear legal formulations concerning marriage annulment, which pose difficulties to psychiatrists and cause that sometimes opinions should only be prepared with a certain probability. Itis particularly troublesome to assess the impactof parent's mental dysfunctions on the health of future offspring. An additional element hindering the forensic and psychiatric evaluation is an analysis of the influence of the environment (including attitudes and behaviours of a healthy spouse) on the picture and the course of mental disorders of an ill or handicapped prospective spouse.


Asunto(s)
Divorcio/legislación & jurisprudencia , Matrimonio/legislación & jurisprudencia , Competencia Mental/legislación & jurisprudencia , Salud Mental/legislación & jurisprudencia , Enfermos Mentales/legislación & jurisprudencia , Evaluación de la Discapacidad , Psiquiatría Forense/legislación & jurisprudencia , Humanos
19.
Psychiatr Pol ; 54(1): 163-175, 2020 Feb 29.
Artículo en Inglés, Polaco | MEDLINE | ID: mdl-32447364

RESUMEN

Episcopal courts adjudicate in proceedings for declaring a marriage void and in these cases psychiatrists and psychologists are appointed as experts. Expert judgment requires the expert to follow a specific substantive approach when preparing the expertise, as well as knowledge of canon legal provisions. Canon law makes validity of a relationship dependent on fulfilment of premises of a valid marriage at the time of the marriage, thus accepting the possibility of an invalid marriage. The so-called consensual and indirectly mental incapacity to marry is dealt with in canon 1,095, which says that the following are incapable of contracting marriage: (1) those who lack the sufficient use of reason; (2) those who suffer from a grave defect of discretion of judgment concerning the essential matrimonial rights and duties mutually to be handed over and accepted; and (3) those who are not able to assume the essential obligations of marriage for causes of a psychic nature. Episcopal courts use terminology that is not found in psychiatry or clinical psychology. However, specific psychopathological conditions stand behind specific formulations in the Code, and they should be taken into account by experts in their analyzes. In proceedings before common courts, only mental illness and mental retardation are taken into account, and no specific disorders are mentioned in Church legislation, which means that experts must consider a wide range of mental dysfunctions in their assessments.


Asunto(s)
Divorcio/legislación & jurisprudencia , Matrimonio/legislación & jurisprudencia , Competencia Mental/legislación & jurisprudencia , Salud Mental/legislación & jurisprudencia , Enfermos Mentales/legislación & jurisprudencia , Evaluación de la Discapacidad , Testimonio de Experto/legislación & jurisprudencia , Femenino , Psiquiatría Forense/legislación & jurisprudencia , Humanos , Masculino , Trastornos Mentales/diagnóstico , Polonia
20.
Am J Orthopsychiatry ; 90(5): 546-556, 2020.
Artículo en Inglés | MEDLINE | ID: mdl-32338941

RESUMEN

Research indicates that marriage equality legislation is associated with improved mental health outcomes for lesbian, gay, bisexual, transgender, and queer (LGBTQ) people. However, the public debate that often precedes such legislation may exacerbate psychological distress and minority stress. In 2017, the Australian Federal Government conducted a national survey to gauge support for marriage equality. The present study investigated the mental health of a sample of LGBTQ people during and after this survey period. A sample of 2,220 LGBTQ participants completed measures of psychological distress and minority stress during the survey period. Participants were invited for follow-up 1 week, 3 months, and 12 months after the postal survey results were announced. Data were analyzed using linear mixed models to evaluate change in psychological distress and minority stress across time points, and the influence of exposure to the marriage equality debate, sexual identity, and gender identity on psychological distress and minority stress. Reported symptoms of psychological distress and minority stress significantly decreased following the postal survey period. Greater exposure to the marriage equality campaign was associated with greater psychological distress and perceived stigma but not internalized stigma. Sexual and gender identity subgroups significantly differed on outcome variable means. This study documents the longitudinal effects on a minority group of a public vote and the enactment of legislation regarding their human rights. The results suggest the postal survey served as a significant stressor to Australia's LGBTQ community. Implications for policy and clinical practice are discussed. (PsycInfo Database Record (c) 2020 APA, all rights reserved).


Asunto(s)
Salud Mental , Minorías Sexuales y de Género/psicología , Sexualidad/psicología , Estrés Psicológico , Adulto , Australia , Femenino , Derechos Humanos/legislación & jurisprudencia , Humanos , Estudios Longitudinales , Masculino , Matrimonio/legislación & jurisprudencia , Persona de Mediana Edad , Estigma Social , Adulto Joven
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