scholarly journals The Stability Paradox: The Two-Parent Paradigm and the Perpetuation of Violence Against Women in Termination of Parental Rights and Custody Cases

2021 ◽  
pp. 311
Author(s):  
Judith Lewis
Keyword(s):  
Violence Against Women ◽  
Partner Violence ◽  
Nuclear Family ◽  
Parental Rights ◽  
Sexual Offense ◽  
Best Interest ◽  
Termination Of Parental Rights ◽  
The Family ◽  
Women And Children ◽  
The Stability

Despite changing family compositions, entrenched in family law is the antiquated idea that a two-parent household, or its approximation vis-à-vis a shared custody arrangement, promotes stability and integrity and, thus, is in the best interest of the child. Yet, the concept that the two-parent household (or shared involvement of both parents in the child’s life if the parents separate) promotes stability for the family and is best for the child is a dangerous fallacy. When rape or intimate partner violence (IPV) is present, or the re-occurrence of violence remains a threat, the family unit is far from stable. This Article explores the legal system’s glorification of the nuclear family, its resistance to shifting away from the two-parent paradigm, and how this resistance creates a stability paradox and perpetuates violence against women and children. The harmful impact that the nuclear family paradigm has on families is further explored by an examination of the statutory constructs and judicial interpretations of termination of parental rights (TPR) and custody statutes in cases where a child is conceived as a result of rape or exposed to ongoing IPV. Cases are utilized to examine how courts have interpreted parental rights statutes where a child is conceived as a result of rape. Additionally, a hypothetical case is discussed to explore arguments that may be advanced in TPR cases where children are exposed to ongoing IPV. The Article finds that although there are inherent problems in enacting statutes to terminate parental rights in cases involving rape or IPV, legislation is also a necessary tool for survivors. Model legislation is proposed for termination of parental rights in cases where a child is conceived as a result of a sexual offense or when a child is exposed to ongoing IPV.

Profile of Violence of Women and Children in the COVID-19 Pandemic Period in NTB Province

EMBRIO ◽  
2021 ◽  
Vol 13 (1) ◽  
pp. 64-70
Author(s):  
Kristin Kisid
Keyword(s):  
Violence Against Women ◽  
Quantitative Research ◽  
Economic Condition ◽  
Physical Violence ◽  
Secondary Data ◽  
Health Condition ◽  
Health Centers ◽  
Adult Women ◽  
The Family ◽  
Women And Children

The COVID-19 pandemic has an impact on the economic condition of the family which will directly contribute to the health condition of the family. The uncertain conditions during the COVID-19 pandemic could trigger violence, especially for women and children. The purpose of this study was to determine the profile of violence against women and children during the COVID-19 pandemic in NTB Province. This research is a type of quantitative research derived from secondary data. data on cases of violence against women and children were obtained from the results of reports from health centers, sub-districts, etc. that were collected in DP3AP2KB in 2020. Violence against women in NTB Province in 2020 increased by 26.05% from the previous year (2019). North Lombok Regency has the highest number of cases (140 cases) of violence against women that occurred during the COVID-19 pandemic in 2020. Violence that occurs in adult women is dominated by physical violence (61.18%) and violence that occurs in children dominated by violence in the form of sexual, namely 40.1%. The highest number of sexual violence against girls was in East Lombok Regency at 22.7%.

Parental attitudes and parentification of children in families with limited parental care competencies

2016 ◽  
Vol 14 (3) ◽  
pp. 93-108
Author(s):  
Magdalena Błażek
Keyword(s):  
Mental Disorders ◽  
Psychological Functioning ◽  
Family System ◽  
Parental Attitudes ◽  
Parental Rights ◽  
Termination Of Parental Rights ◽  
Parental Functioning ◽  
First Child ◽  
The Family ◽  
Adult Role

Summary Parentification describes the taking on of an adult role by a child or adolescent before they are emotionally and developmentally ready to face the tasks and challenges that come with it (Boszormenyi–Nagy & Spark, 1973). I It is viewed in the literature from the perspective of the functioning of the family system in the context of development, and as a pathology of parental functioning (Schier, 2014). The consequences of parentification on the functioning of a child can be particularly seen in the emotional sphere and in the area of mental disorders (Hooper et al., 2011). The research presented in the article involves 272 families facing the limitation or termination of parental rights. Analyses focused on the sociodemographic features of the family, such as the parents’ addictions and psychological problems and their psychological functioning in terms of parental attitudes which resulted in the parentification of the children. The results show that there is a connection between pathological functioning of parents, characteristics of their parental attitudes and the parentification of the first child.

Life after the Storm: Voices of Women Survivors of Domestic Violence

2015 ◽  
Vol 13 (1) ◽  
Author(s):  
Victoria P. Padilla
Keyword(s):  
Domestic Violence ◽  
Qualitative Study ◽  
Women Survivors ◽  
Violence Against Women ◽  
Interview Method ◽  
Depth Interview ◽  
The Family ◽  
Women And Children ◽  
Happy Family ◽  
Keywords Domestic Violence

Life is certainly not a fairytale and in this kind of situation, “happily ever after” is not very common. These are the stories of five women-survivors of domestic violence who dreamed of having a happy family, but in the end, their dreams contradicted reality. This interpretivist qualitative study was designed to look into a deeper understanding of collective accounts of women-survivors of domestic violence. The narrative inquiry was employed using the in-depth interview method. The study revealed that these women experienced various forms of domestic violence and were caused by men’s bad habits, problems arising from the family, and jealousy of a man or a woman. Several strategies were employed by these women to improve their lives. This tough decision to free themselves from the abuse made them better individuals, developed a stronger bond with their children, and increased faith in God.   Keywords - Domestic Violence, Violence against Women, and Children, Survivors

scholarly journals NUSHŪZ AS A CAUSE OF DOMESTIC VIOLENCE IN NIGERIA: THE QUR’ANIC PROVISION FOR PEACEFUL FAMILY LIFE AND THE ROLE OF MUSLIM WOMAN IN THE PROCESS

2021 ◽  
Vol 29 (1) ◽  
pp. 43-64
Author(s):  
Hamza Abubakar Hussaini ◽  
Fatima Babayo
Keyword(s):  
Violence Against Women ◽  
Family Life ◽  
Muslim Women ◽  
Marriage Contracts ◽  
The Family ◽  
History Of ◽  
Women And Children ◽  
The Common ◽  
Islamic Values

One of the common social problems in Nigerian society nowadays is the increasing of violence against women and children, mostly by male members of a family. Unfortunately, the problem has assumed a new dimension in recent times as husbands become victims of their wives leading violence against them. Throughout the history of human existence on earth. The Qur’ān identifies nushūz as a factor that leads to family crises in marriage contracts and steps have been recommended for peaceful resolution of such disputes in the Qur’ān. However, in spite of this provision, violence against family members is on increase among Muslim families in Nigeria. Some of the questions that many will ask are whether Muslim couples are aware of the Qur’anic guidance in resolving family crises or not? To what extent do the Muslims follow the Islamic teachings in matters related to family life before, during and after disputes? How can such increasing violence be controlled following the teachings of the Qur’ān and Sunnah of the Prophet SAW? What shall be the role of Muslim women in promoting peaceful life within the family? The paper is an attempt to answer the above questions and recommend the best ways to improve family life among Muslims. This will be through analytical studies of relevant texts of the Qur’ān and Sunnah and the current realities in Nigerian Muslim families with a particular reference to Gombe metropolitan city of Gombe State, Nigeria. The paper recommends that Islamic values should be emphasized and upheld at all levels of family life by all and sundry.

scholarly journals Aspek Legal Spirit Undang-Undang Nomor 23 Tahun 2004 Tentang Penghapusan Kekerasan Dalam Rumah Tangga

SASI ◽  
2019 ◽  
Vol 24 (2) ◽  
pp. 168
Author(s):  
Elias Zadrach Leasa
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Physical Violence ◽  
Psychological Violence ◽  
The Family ◽  
Women And Children ◽  
The Law ◽  
Article 5 ◽  
Forms Of Violence ◽  
Domestic Violence Perpetrators

Families are places where everyone in the family feels safe and comfortable from acts o violence, but in reality violence also accurs whitin the family. The enactment of Law No. 23 of 2004 on the abolition of domestic violence (hereinafter referred to as the Law of Domestic Violence) aims to prevent all forms of domestic violence, protect domestic violence victims, prosecute domestic violence perpetrators, and maintain wholeness harmonious and prosperous households. In handling it is sometimes resolved peacefully. This raises the question of whether the Law on Elimination of Domestic Violence has guaranteed the settlement of Domestic Violence according to its objectives? All forms of violence against women and children constitute a violation of human rights, so it is necessary to be protected by their dignity and dignity and guaranteed their right to life in accordance with their nature and nature without discrimination. The Criminal Act contained in Article 5 of the Act states that prohibited violence is physical violence, psychological violence, sexual violence, or neglect of the household. Many cases of domestic violence are reported but not a few are repealed by the victim for various reasons, such as still loving the perpetrator, and the perpetrator is the breadwinner in the household. The resolution of cases of domestic violence is also up to the court's decision, but this certainly brings the consequences of the objective of the Law on Elimination of Domestic Violence. Despite all forms of prevention of domestic violence, protecting the victim, prosecuting the perpetrator is reached but if the case is passed on to the court decision whether the goal of maintaining a harmonious and prosperous household unity can be achieved. The resolution of domestic violence requires the wisdom of the Law Enforcers (Police, Prosecutors, Judges).

Intimate Partner Violence Against Women in the Arab Countries: A Systematic Review of Risk Factors

2020 ◽  
pp. 152483802095309
Author(s):  
Amera Mojahed ◽  
Nada Alaidarous ◽  
Hanade Shabta ◽  
Janice Hegewald ◽  
Susan Garthus-Niegel
Keyword(s):  
Risk Factors ◽  
Systematic Review ◽  
Intimate Partner Violence ◽  
Violence Against Women ◽  
Psychological Health ◽  
Partner Violence ◽  
Well Being ◽  
Intimate Partner ◽  
Arab Countries ◽  
The Family

Intimate partner violence (IPV) profoundly damages physical, sexual, reproductive, and psychological health, as well as social well-being of individuals and families. We sought in this systematic review to examine the risk factors according to the integrative ecological theoretical framework for IPV for women living in the Arab countries. We searched Embase, PubMed, PsycINFO, and SCOPUS, supplemented by hand searching of reference lists. A research strategy was developed and observational studies were included if they considered female participants (age ≥13) in heterosexual relationships, estimates of potential risk factors of IPV, and IPV as a primary outcome. We conducted a narrative synthesis of the risk factors data from 30 cross-sectional studies. Factors associated with increased IPV against women were extracted and categorized into four levels according to the updated integrative ecological model. At the individual level, risk factors were either related to victims or perpetrators of IPV. Factors relating to marriage, conflict within the family, etc., were explored and included within the family level, whereas factors relating to the extended family and the nature of marriage were included in the community level. Finally, risk factors relating to the cultural context that are influenced by the political and religious backgrounds were included in the societal level. The complex structure of violence against women in the Arab world calls for socioculturally sensitive interventions, which should be accompanied by systematic and structured work aimed at improving Arab women’s status at all levels.

scholarly journals Towards a feminist understanding of intersecting violence against women and children in the family

2017 ◽  
Vol 184 ◽  
pp. 40-48 ◽  
Author(s):  
Sophie Namy ◽  
Catherine Carlson ◽  
Kathleen O'Hara ◽  
Janet Nakuti ◽  
Paul Bukuluki ◽  
...  
Keyword(s):  
Violence Against Women ◽  
The Family ◽  
Women And Children

Redefining “Family” and Reconstructing Child Custody in Canada

2019 ◽  
Vol 3 ◽  
pp. 18-29
Author(s):  
Supriya Sethi
Keyword(s):  
Gender Roles ◽  
Cultural Values ◽  
Family Law ◽  
Nuclear Family ◽  
Married Couple ◽  
Shared Responsibility ◽  
Best Interest ◽  
Family Dynamic ◽  
The Family ◽  
Child Centered

This paper examines the historical revolution of custody regimes in Canada, with an emphasis on the twentieth century to custody practices in courts today. The law has undergone numerous critical reforms to restructure what it means to be a ‘political family’ from a socio-legal perspective. The last decade we have seen a shift in the framework that is used to define the concept of family that has paralleled changes in cultural values, gender roles and parental responsibilities. The family model now largely focuses on the child as the centerpiece of the framework, which has been reflected in recent legal reform and ongoing revisions. The shared responsibility of raising a child as a married couple reflects both the slight shift in the gender roles defined by society and the changing configuration of family dynamic from the nuclear family norm (traditional) towards a “political family”. In the political family, whether the family is “traditional” or “alternative”, each family is understood as a product of collective decisions and values. As a result of the shift towards the understanding of intersectionality within families, and acceptance of the complexity of families, legal activism in family law studies are pushing for legislation that can provide an all- encompassing framework to better aid judges within the family courts to reduce the potential for bias in judicial review. Family law studies are challenging the language around rights and obligations within a family and pushing for a “responsibility framework”. Further, the field is emphasizing a child-centered approach to divorce cases, to assess what is ultimately in the best interest of the child. As we understand the role of the family in society, we need to emphasize the responsibility of a parent and what it means to be a parent to better understand what ‘custody’ of a child entails in today’s society.

Women and Postconflict Security: A Study of Police Response to Domestic Violence in Liberia

2015 ◽  
Vol 11 (03) ◽  
pp. 478-498 ◽  
Author(s):  
Peace A. Medie
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
International Organizations ◽  
Partner Violence ◽  
Psychological Trauma ◽  
Intimate Partner ◽  
Physical Injuries ◽  
Women And Children ◽  
The Government ◽  
National Police

Domestic violence or Intimate partner violence (IPV) is the form of violence against women (VAW) that is most reported to the police in Liberia. This violence cuts across class, ethnic, religious, and age lines (Liberia Institute of Statistics and Geo-Information Services, et al. 2008) and results in psychological trauma, physical injuries, and, in some cases, death. Societal beliefs that frame domestic violence as a regular part of life serve to legitimize and foster the problem in Liberia (Allen and Devitt 2012; LISGIS et al. 2008) and pose a challenge to the state and to international organizations (IOs) and women's nongovernmental organizations (NGOs) that have introduced measures to combat domestic violence since the end of the country's 14-year civil war in 2003. One such effort is the Women and Children Protection Section (WACPS) of the Liberian National Police (LNP), established by the government in collaboration with the United Nations Children's Fund (UNICEF) and other international partners in 2005. Although the section was established primarily to address rape, its officers are mandated to investigate all forms of VAW, including domestic violence.

The Archbishop and Marital Pluralism: An American Perspective

2008 ◽  
Vol 10 (3) ◽  
pp. 344-347
Author(s):  
John Witte
Keyword(s):  
Violence Against Women ◽  
Common Law ◽  
Rape Victims ◽  
State Laws ◽  
American Perspective ◽  
The Family ◽  
The World ◽  
Women And Children ◽  
The Common ◽  
Religious Courts

The Archbishop of Canterbury, Dr Rowan Williams (head of the worldwide Anglican Communion), set off an international firestorm on 7 February 2008 by suggesting that some accommodation of Muslim family law was ‘unavoidable’ in England. His suggestion, though tentative, prompted more than 250 articles in the world press within a month, the vast majority denouncing it. England will be beset by ‘licensed polygamy’, ‘barbaric procedures’ and ‘brutal violence’ against women and children, his critics argued, all administered by ‘legally ghettoized’ Muslim courts immune from civil appeal or constitutional challenge. Consider Nigeria, Pakistan and other former English colonies that have sought to balance Muslim sharia with the common law, other critics added. The horrific excesses of their religious courts – even calling the faithful to stone innocent rape victims for dishonouring their families – prove that religious laws and state laws on the family simply cannot coexist. Case closed.

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