Aggressive parenting: social, medical and legal aspects.

OBJECTIVE: Aim: To examine the impacts of aggressive parenting on physical, mental and emotional development; outcomes for society; possible ways of prevention of children' rights or health violation and responsibility of parents to optimize well-being of children. PATIENTS AND METHODS: Materials and Methods: The analysis of scientific data has been conducted on the basis of PubMed, Scopus and Web of Science databases in order to collect the existed results of researches about social and medical aspects of impact of aggressive parenting. The formal-legal method was used to interpret the provisions of legislation regarding the protection of personal non-property rights and responsibilities of parents and children. CONCLUSION: Conclusions: Aggressive parenting affects children of all ages and is associated with chronic stress and long-term negative impacts on physical development, cognitive and behavioral dysfunction, socioemotional difficulties, social and psychological dysfunction in adulthood. Aggressive parenting triggers a child' aggressive behavior which is considered as a predictor of adult's criminality. From a legal standpoint, aggressive parenting is a form of violation of the responsibility of parents to educate a child, which is an element of family legal relations regulated by the norms of the family law institution known as ≪Personal non-property rights and responsibilities of parents and children". The definition of aggressive parenting has been defined with its legal features and characteristics. Effective prevention methods should be directed to predict possible further parental violence, intervention programs to reduce outcomes of aggressive parenting and to improve the ways of responsibility in procedural and material aspects of law.

Love and Human Rights.

This article explains and critiques the protection of love within judgments concerning relationships under the Human Rights Act 1998. Using theory of emotion to conduct doctrinal analysis of the protection of love within international human rights laws and under the Human Rights Act 1998, it reveals a shift in the conception of love underlying the domestic judicial application of huamn rights. Whereas previously the law was underpinned by values of duty and property, judgments concerning relationships now protect the capacity of individuals to choose how to live. However, the protection of this modern conception of love is limited by judicial deference, allowing the values underpinning the historical conception of love to continue to influence the law.

Coercive Control in the Courtroom: the Legal Abuse Scale (LAS).

Intimate partner violence (IPV) survivors seeking safety and justice for themselves and their children through family court and other legal systems may instead encounter their partners' misuse of court processes to further enact coercive control. To illuminate this harmful process, this study sought to create a measure of legal abuse. We developed a list of 27 potential items on the basis of consultation with 23 experts, qualitative interviews, and existing literature. After piloting these items, we administered them to a sample of 222 survivor-mothers who had been involved in family law proceedings. We then used both exploratory factor analysis (EFA) and Rasch analysis (RA) to create a final measure. Analyses yielded the 14-item Legal Abuse Scale (LAS). Factor analysis supported two subscales: Harm to Self/Motherhood (i.e., using the court to harm the survivor as a person and a mother) and Harm to Finances (i.e., using the court to harm the survivor financially). The LAS is a tool that will enable systematic assessment of legal abuse in family court and other legal proceedings, an expansion of research on this form of coercive control, and further development of policy and practice that recognizes and responds to it.

Comparison of patterns of drug levels in head and body hair for medico-legal and workplace testing.

This paper presents concentration ranges and positivity rates for the common drugs, alcohol markers, new psychoactive substances (NPS) and anabolic steroids tested in head hair (n = 138,352) and body hair (n = 9532) on samples of hair from medico-legal (n = 112,033) and workplace (n = 35,851) sectors tested in our laboratory. Statistically significant higher levels were found more often in the various types of body hair when compared with head hair, but fewer cases exhibited lower levels. For example, statistically significant higher levels were detected in leg hair for cannabinol, THC, methadone and EtG and in beard hair for THC, THC-COOH and 6-acetylmorphine. In contrast, significantly lower levels were detected in axilla hair for cannabinol, THC and for EDDP, but median levels of mephedrone and DHEA were higher. Overall, higher medium levels were detected in head hair samples tested in the UK when compared with those previously published for samples tested in Germany, indicating geographical differences in drug consumption. Recommendations are, firstly, that hair testing laboratories use the results of their own compiled previous positive results for guidance when interpreting hair testing results and, secondly, that laboratories periodically share and combine their accumulated data with other testing laboratories. The latter could be used to establish reference ranges associated with specific technical procedures which would improve interlaboratory comparability and improve laboratory testing services when interpreting hair testing results.

Dismantling Obstacles to Gender Affirmation: Reimagining Consent to Medical Treatment by Transgender, Gender Diverse and Non-binary Minors.

Gender-affirming treatment is currently inaccessible for many transgender, gender diverse and non-binary minors in Australia, with significant implications for these minors' physical and mental wellbeing. Existing legal frameworks create obstacles to treatment by requiring that minors either be supported by their guardians or be able to apply to court, as well as having access to medical and psychological experts. Such requirements do not consider the lived realities, and disproportionate vulnerabilities, experienced by these minors. This article argues that legislative intervention is needed to create a mechanism that renders these treatments more accessible. This argument is supported by findings from recent psychological and statistical studies and is further illustrated by facts from the recent case of Re Imogen.

The Rule of Law for the Exercise of Marriage and Reproductive Rights for Women with Intellectual Disabilities in China.

Women with intellectual disabilities (WIDs) are entitled to the rights to marriage and reproduction under Chinese law. However, Chinese marriage and reproduction regimes have imposed restrictions on their right to marry that limit the exercise of their reproductive rights. Marrying WIDs has become a popular choice for men in rural areas. Although in China's Civil Code, the legislature has repealed the prior requirement of a medical examination for marriage registration, the exercise of rights to marriage and reproduction by WIDs is still restricted. China has not fully implemented equal rights for persons with disabilities under the United Nations Convention on the Rights of Persons with Disabilities. China needs to set legal procedural requirements for the exercise of these rights for different types of WIDs, systematically constructing them at three levels: legal basis, legislative implementation, and institutional support.

Stanley v Finnegan: Child Abuse and Bad Medicine.

In April 2020 American President Donald Trump publicly stated that consuming disinfectant could cure COVID-19. This apparently shocking statement was not so shocking to many: some people believe that consuming Miracle Mineral Solution (MMS), a name for chlorine dioxide, an industrial bleach, can cure many illnesses. This article is a case note about Stanley v Finnegan, 447 F Supp 3d 771, 777 (WD Ark, 2020), in which parents sued their local county and sheriff in Arkansas for taking their children away after they encouraged their children to consume MMS. This case is particularly important in the current COVID-19 world.

El proceso de reintegración familiar: una revisión de sus etapas y factores de relevancia / The family reintegration process. A theoretical review

El proceso de reintegración familiar es aquel que se inicia posteriormente a la toma de la medida de excepción, la cual es aplicada ante una grave vulneración de derechos en la infancia y adolescencia. Este trabajo propone describir las fases del proceso reintegración familiar considerando la literatura disponible en los últimos 10 años acerca de la temática, a fin de identificar factores de relevancia que puedan contribuir o no al reintegro familiar. Se identifican factores en tres grandes etapas de la reintegración: la fase inicial, la fase de abordaje y la fase de reintegro y seguimiento. Asimismo, se advierte la dificultad en la participación de los niños, niñas y adolescentes (NNyA) en el proceso que los involucra. Se destaca la importancia del estudio de esta problemática a fin de poder dar respuestas a las necesidades de los NNyA contribuyendo al proceso de reintegración desde una perspectiva de derechos.

The family reintegration process begins after the exceptional measure is taken, which applies in the event of a severe violation of rights in childhood and adolescence. This work aims to conduct a thematic review of the aspects involved in that process and whether they positively impact it. We can identify factors during the three main stages of reintegration: the initial phase, treatment, and reintegration and follow-up phases. Likewise, the participation of children and adolescents in the process that involves them is difficult. This study is important to respond to the needs of children and adolescents and contribute to the reintegration process from a rights perspective.

Deconstructing tradition: Trans reproduction and the need to reform birth registration in England and Wales.

Background: Trans reproduction is often met with reproach when compared with the norm of the cisgender, heterosexual, nuclear family (referred to here as the 'traditional' family). This is notably seen in birth registration where a 'traditional' family is more likely to access, and agree with, the terms provided on the birth certificate (that is, 'mother' and 'father'). Aims: This study aimed to explore the differential treatment between 'traditional' and trans families in England and Wales within birth registration in case law, legislation, and primary research. Methods: Case law and legislation were analyzed to identify any differential treatment within birth registration, particularly how parental statuses are ascribed. An online survey (with 310 responses) was conducted, seeking views on constructions of 'mothers', respondents' reactions to trans families, and understandings of sex/gender and parenthood generally. Results: Themes developed from the survey data focused on the significance of the 'traditional' family as the optimal structure, manifesting in the need to ensure 'coherency and certainty' of the birth registration system regarding how parents should be registered. This need for coherency and certainty functioned to undermine trans families (who were presumed to be discreet about their child's conception), and also raised concerns that the child might not be able to locate their (biogenetic) 'origins'. Discussion: The paper concludes by discussing the implications of the research for the acceptance of trans families in law and society, and suggests the need to unmoor the birth registration system from its (cis-hetero)normative underpinnings, allowing trans parents to be registered as they wish on the birth certificate.

Ways of Being Together During the COVID-19 Pandemic: Support Bubbles and the Legal Construction of Relationships.

This article focuses on the concept of the support bubble. The concept was introduced in New Zealand in March 2020 in the context of the COVID-19 pandemic to denote a network of people with whom a person could have physical contact, and was later taken up in various forms elsewhere, particularly in the UK. The article focuses on the meaning that was attached to the concept and to the ways of being together that it encapsulated and stipulated. Where support bubbles were formalised as a matter of law, as in New Zealand and the UK, a particular form of relating was legally constructed and real relationships were affected through law. The article addresses the meaning and implications of the concept of the support bubble in this light. First, it considers the concept of the support bubble as a new legal form, which drew in, and built on, a range of relationships and then recast them in terms of a new legal form. Second, it analyses the central question posed by the concept as one of the meaning of being together in a support bubble, not only for those navigating and living with the concept in practice, but also as mediated in and through law. Third, it outlines how the concept of the support bubble represented a distinct legal development. It enabled those who were eligible to define for themselves, albeit within a specified framework, the meaning and nature of a relationship of support of this kind. It also supplied a space in which some kinds of relationships that had not necessarily attracted much previous legal attention-like friendships and dating relationships-came to find a degree of legal reflection and recognition.

Dead-End in Sight: France Struggles with Surrogacy and Cross-Border Practices.

This article addresses the issue and practice of surrogacy in France. Surrogacy contracts are void under French law, and intermediaries, medical personnel, and in some cases, parents can be penalized if they partake in this method of ART. Consequently, the vast majority of French children born of surrogacy result from cross-border practices that their parents undertake. Divided into three parts, this chapter will first explore the French legal framework of surrogacy, then explore the cross-border practices at play and the difficulties they raise for ensuing parents and children once back on French soil, and finally examines diverse social movements and discourse either for or against the legalization of surrogacy in France. It concludes by arguing that before establishing a regulatory framework for surrogacy, the most pressing issue is to protect children born of French parents abroad via surrogacy once the family returns to the country.

Natural shocks and marriage markets: Fluctuations in mehr and dowry in Muslim marriages.

We examine how mehr, a conditional payment from husbands to wives in the event of divorce, and dowry, a transfer from the bride's family to the groom at the time of marriage, have fluctuated in Bangladesh due to natural shocks. We develop a model of the marriage market in which dowry acts as a groom price, whereas mehr serves to deter inefficient divorces. Our comparative statics results show that mehr and dowry are both increasing (decreasing) in shocks that raise (lower) income. We then exploit several natural experiments in Bangladesh including the Green Revolution in the 1960s, war of independence in 1971, and famine of 1974 to explain fluctuations in the value of mehr and dowry observed in Muslim marriages. Using two household survey datasets, we find partial support for our theoretical predictions. To rule out alternative explanations, particularly the effect of legal changes, we use household survey data from the Indian state of West Bengal that experienced a similar increase in agricultural productivity but none of the legal changes affecting Bangladesh. These results demonstrate that natural shocks may affect social institutions.

Life Finds a Way: Young Adults With Lesbian Mothers Reflect on Their Childhood Prior to Legal Recognition of Same-Sex Parents in Sweden.

The strapline "life finds a way," from the classic movie Jurassic Park, referred to how the all-female dinosaurs in a theme park had been able to reproduce, despite the laws of nature. Similarly, the participants in the present study described how their lesbian mothers had shown that "life finds a way," when having children and forming a family, prior to the legal recognition of same-sex parents in Sweden. The study draws on interviews with eight young Swedish adults, aged 17-30 (average age 25). They had been raised by lesbian couples but were born prior to the legal recognition of same-sex parenthood. Prior to a legal change in 2003, a same-sex couple could not share legal parenthood. Further, female couples were excluded from Swedish assisted reproduction programs until 2005. The interviews have been analyzed thematically, and the article presents the results in four themes. The first theme, circumvent, oppose, or adapt to legal obstacles, shows the participants' reflections on how their parents navigated legal obstacles in order to have children and to live together as a family. The second theme, legal obstacles do not affect everyday life, depicts a common experience of how a lack of legal recognition seldom mattered to the participants during their childhood. Rather, they explained how their parents had been able to form parenthood and close relations without legal recognition. In contrast, the third theme describes occasions when legal parenthood matters. This theme highlights occasions when the lack of legal parenthood was problematic or devastating for the participants, such as when parents divorced, or one parent died. The final theme, the meaning of legal parents in adulthood, explores the participants' reflections on the meaning and impact of legal ties (or lack of legal ties) between themselves as young adults and their parents. The findings are discussed in relation to previous research on children and young adults with same-sex parents.

The effects of the justice system on mental health.

Anyone involved in legal proceedings will warn you that a long-drawn-out legal battle will drain your mental health. This study aimed to assess the psychological effects of being processed by the justice system. The sample consisted of 360 subjects, residents in Spain. Were administered a questionnaire on the experience of contact with the justice system, a temporal perspective inventory, locus of control, psychological reactance, coping strategies, health self-efficacy, and psychosomatic symptomology. Results revealed significant differences between plaintiffs and defendants, although it was also confirmed that both parties showed greater pessimism about the future. So, the former were more pessimistic about the future, used poor strategies for protecting their health, and had less empathy. In contrast, coincidentally in some variables, defendants had a more negative outlook on life, and in general more psychosomatic symptomology. The health of the group with the longest exposure to legal proceedings was the most deteriorated.

DNA and the displacement of certainties in brazilian family law / DNA e o deslocamento de certezas no direito de família brasileiro / ADN y el desplazamiento de verdades en la ley de la familia brasileña

Abstract Inquiring into the impact of DNA technology on Brazilian family law,, through the consultation of legislation, jurisprudence and specific legal briefs concerning paternity disputes, we map out trends over the past thirty years. We show how, after a moment of original skepticism, genetic evidence appears to dominate the legal scene, rendering personal testimony irrelevant. However, with growing concern about men who use a negative test result to disclaim their paternal status, this testimony is once again needed to clarify whether or not the man originally believed the child was his blood-related offspring. Finally, we look at a recent period, showing how reactions against the "real biological truth" have spawned a new juridical category-socio-affective paternity-that, spreading well beyond paternity tests, is altering some basic tenets of family law.

Resumo Enfocando o impacto da tecnologia do DNA no direito de família brasileiro, pela análise de leis, jurisprudência e processos particulares lidando com disputas de paternidade, mapeamos tendências de mudança ao longo dos últimos trinta anos. Mostramos como, após um momento de ceticismo inicial, a evidência genética parece dominar o cenário legal, tornando os depoimentos pessoais irrelevantes. Entretanto, com a atenção crescente dirigida para homens que usam um resultado negativo para refutar seu status paterno, a importância de depoimentos volta para esclarecer se o pai registral originalmente acreditava ou não que tinha um vínculo consanguíneo com seu filho. Finalmente, olhamos para um período recente, rastreando como reações contra a "verdade real" da biologia geram uma nova categoria jurídica - paternidade socioafetiva - que, estendendo-se muito além dos testes de paternidade, está alterando alguns princípios básicos do direito da família.

Resumen Centrándonos en el impacto de la tecnología del ADN en el derecho de familia brasileño, analizando las leyes, la jurisprudencia y las demandas particulares relacionadas con disputas de paternidad, trazando tendencias cambiantes en los últimos treinta años. Mostramos como, después de un momento de escepticismo inicial, la evidencia genética parece dominar el panorama legal, haciendo irrelevantes los testimonios personales. Sin embargo, con la atención cada vez mayor dirigida a los hombres que usan un resultado negativo para refutar su paternidad, la importancia de los testimonios vuelve a aclarar si el padre de registro originalmente creía o no, tener un vínculo consanguíneo con su hijo. Finalmente, observamos un período reciente, rastreando como las reacciones contra la "verdad real" de la biología, generan una nueva categoría legal, paternidad socioafectiva, que, más allá de las pruebas de paternidad, está alterando algunos principios básicos del derecho de familia.

Parental alienation, coaching and the best interests of the child: Allegations of child sexual abuse in the Family Court of Australia.

BACKGROUND: Allegations of child sexual abuse provide complex challenges to family court systems. OBJECTIVES: Despite being highly criticised in the academic research, this analysis examined whether and how the gendered concepts of parental alienation syndrome or parental alienation more broadly are still being used to rebut allegations of child sexual abuse in family court cases in Australia. Parental Alienation is broadly understood as the deliberate actions of one parent to disrupt and prevent children's ongoing relationships with their other parent, in this case through allegations of abuse. METHODS: We examined 357 publicly available judgements of the Family Court of Australia between 2010 and 2015. Judgements were analysed qualitatively for key themes using N-VIVO software. RESULTS: Five themes emerged in the data, including use of the concept of parental alienation, coaching, mothers as manipulative, mothers as mentally ill, and impact of the best interest of the child. CONCLUSIONS: Results indicate that judgements made in the Family Court of Australia are both similar and divergent from those made in other jurisdictions internationally. The complexity of responding to allegations of child sexual abuse for parents is discussed.

Institutional Violence Against Users of the Family Law Courts and the Legal Harassment Scale.

The term harassment is often used to refer two contexts, the workplace and school, but not the legal system itself. Long drawn-out litigation in the Family Law Courts often produces a surreptitious phenomenon of violence toward one of the litigating parties, who become victims of the legal system itself. The aim of this study was to determine whether legal harassment could be detected and measured in the Spanish Justice System using an innovative Legal Harassment Scale (LHS). This hypothesis was substantiated by the data obtained using a new 32-item psychometric instrument with a global index: the LHS, consisting of four factors: Direct Aggression, Procedural Harassment, Personal Contempt, and Manipulation of Reality. The estimated reliability and validity of the LHS was satisfactory, both in terms of the global score, and for each of the four factors distributed along the normal curve. The results of this study are discussed in terms of the limitations of the study and in relation to future lines of research aimed at ensuring that the legal system respects and safeguards the rights of the parties involved in litigation, and that no party falls victim to legal harassment.

A Typology of Familicide Perpetrators in Australia.

The murder of family members is one of the most difficult crimes to understand. This study uses Shye's action systems framework combined with multivariate data analysis to test the hypothesis that different forms of familicide will reflect the four states an action system can take, namely: Integrative, Expressive, Conservative and Adaptive. A multidimensional scaling analysis (MDS) was performed on 54 crime scene variables describing 104 cases of intra-familial homicide. The analysis revealed four distinct modes of functioning, which provided tentative support for Shye's action system. Each of the four modes had distinct associations with perpetrator characteristics. The Expressive and Integrative modes were associated with Cluster B personality traits, and criminal and substance use histories. The Adaptive mode was associated with trauma histories, mood disorders, and personality disorder traits. The Conservative theme was associated with trauma histories and psychotic disorders. Implications of findings for risk assessment and intervention are discussed.

Familia, bioética y reivindicación contemporánea de los derechos / Family, Bioethics, and Contemporary Assertion of Rights / Família, bioética e reivindicação contemporânea de direitos

Resumen El punto de partida de este artículo es un acercamiento histórico a los orígenes contemporáneos del actual movimiento de reivindicación de derechos en el ámbito de la familia. Asimismo, por medio de una indagación filosófico-jurídica de sus rasgos esenciales, el autor propone una reflexión interdisciplinar sobre los vínculos entre dicho movimiento y una nueva concepción antropológica y jurídica de la familia potenciada por un uso particular de la biotecnología. El autor explora también algunas propuestas críticas alternativas a este modo de pensar por parte de autores provenientes del ámbito jurídico, psicoanalítico y filosófico. Finalmente, el artículo concluye con una discusión sobre la necesidad de un ensanchamiento de las bases filosóficas y antropológicas del debate sobre la familia con el objetivo de superar el sesgo ideológico de las reformas jurídicas actualmente en curso.

Abstract The starting point of this article is a historical approach to the contemporary origins of the current right recognition movement in relation to the family. Also, through a philosophical-legal research into its essential features, the author proposes an interdisciplinary reflection on the links between such movement and a new anthropological and legal conception of family driven by a particular use of biotechnology. Some alternative critical proposals to this way of thinking by authors from the legal, psychoanalytic and philosophical fields are also explored. Finally, the article concludes with a discussion on the need for broadening the philosophical and anthropological bases of the debate on the family in order to overcome the ideological bias of legal reforms underway.

Resumo O ponto de partida deste artigo é uma abordagem histórica das origens contemporâneas do atual movimento de reivindicação de direitos no âmbito familiar. Além disso, por meio de uma indagação filosófico-jurídica de suas características essenciais, o autor propõe uma reflexão interdisciplinar sobre os vínculos entre esse movimento e uma nova concepção antropológica e jurídica da família impulsionada por um uso particular da biotecnologia. O autor também explora algumas propostas críticas alternativas a este modo de pensar por parte dos autores provenientes do âmbito jurídico, psicanalítico e filosófico. Finalmente, o artigo é concluído com uma discussão sobre a necessidade de uma ampliação das bases filosóficas e antropológicas do debate sobre a família, com o objetivo de superar o viés ideológico das reformas jurídicas em curso atualmente.

Predictors of psychological recommendations in child protection evaluation.

Child protection matters from an important social and legal challenge, in which psychologists may be called upon to address a series of questions relevant for judicial decision-making. In an explorative manner, the current study investigates variables that influence psychological evaluators' recommendations in child protection cases. The data is based on a quantitative content review of 103 psychological evaluation reports, conducted at an institute of forensic psychology in Germany. Using bivariate and logistic regression analyses, the following predictors were analyzed in this study: Child-related factors, familial risk factors, and general custody criteria. The outcome measure was the evaluator's recommendation regarding long-term placement of the child and long-term custody arrangements. Evaluators were more likely to recommend permanent foster placement if the child showed insecure or disorganized attachment patterns, especially when combined with developmental delays, or if the child was temporarily in institutional or foster placement at the time of evaluation. The results support the conclusion that the most important factors for psychological expert recommendations refer to the "harm of the child" criterion in terms of developmental and psychological maladaptation.