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6. Einleitung: Der Kongress 'Wie wirkt Recht?'

Author

Cottier, Michelle, Estermann, Josef, Wrase, Michael, University of Zurich, Cottier, Michelle, Estermann, Josef, and Wrase, Michael

Subjects
300 Social sciences, sociology & anthropology, 10095 Institute of Sociology
Published
2010

8. Participation of Children and Parents in the Swiss Child Protection System in the Past and Present: An Interdisciplinary Perspective.

Author

Schoch, Aline, Aeby, Gaëlle, Müller, Brigitte, Cottier, Michelle, Seglias, Loretta, Biesel, Kay, Sauthier, Gaëlle, and Schnurr, Stefan

Subjects
CHILD protection services, HUMAN rights, LABOR market, SOCIALIZATION, GLOBALIZATION
Abstract

As in other European countries, the Swiss child protection system has gone through substantial changes in the course of the 20th century up to today. Increasingly, the needs as well as the participation of children and parents affected by child protection interventions have become a central concern. In Switzerland, critical debates around care-related detention of children and adults until 1981 have led to the launch of the National Research Program 'Welfare and Coercion—Past, Present and Future' (NRP 76), with the aim of understanding past and current welfare practices. This paper is based on our research project, which is part of this national program. We first discuss three overarching concepts—integrity, autonomy and participation—at the heart of a theoretical framework in order to understand the position of parents and children in child protection proceedings. Secondly, we critically analyze the historical and legal development of the child protection system in Switzerland and its effects on children and parents from 1912 until today. Thirdly, we give an insight into the current Swiss child protection system, with an investigation of hearings of parents and children conducted by the Child and Adult Protection Authorities (CAPA) based on participant observations. In particular, we show the importance of information exchanges and of signs of mutual recognition. Finally, in light of our findings, we discuss the interplay between socio-historical and legal developments in child protection and their consequences for the integrity, autonomy and participation of the people involved. [ABSTRACT FROM AUTHOR]

Published
2020
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10. Dangerous Boys and Endangered Girls? Children's Participation in Legal Procedure from a Gender Perspective.

Author

Cottier, Michelle

Subjects
*CHILDREN'S rights, *LEGAL status of children, *CIVIL law, CONVENTION on the Rights of the Child
Abstract

Since the entry into force of the UN Convention on the Rights of the Child in 1990, the implementation of the child's right to be heard in judicial and administrative proceedings (Article 12 UNCRC) has been a major concern in the theory and practice of child law internationally. Little empirical research has however been undertaken on the socio-legal conditions of children's participation in legal procedure. This paper will examine these conditions from the specific perspective of the gendered order of society. It will compare juvenile justice and child protection law in order to show how different legal concepts of the child can be gendered and how this influences the procedural position of children. Drawing on examples from empirical research undertaken in Switzerland, it will explore how gendered legal concepts structure the interaction between children and authorities and how processes of children's individual gendered subjectivation are part of child law practice. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Published
2008

11. Feminist, Transgender, and Intersex Visions of a Gender-Free Society and the Legal Category of Sex.

Author

Cottier, Michelle

Subjects
*FEMINISM, *INTERSEXUALITY, *SOCIAL change, *HUMAN sexuality -- Law & legislation, *SOCIOLOGY
Abstract

A gender-free society is one of the visions that have been developed in feminist, transgender and intersex theory as an alternative to the existing gender order. These visions depart from the idea that through social change, gender can be "undone" to the point that it is not relevant any more as a normalising instrument prescribing the classification into either male or female and heterosexuality as a norm. In this utopian state of society, being "female", "intersex" or "transgender" is no reason for disadvantages or discrimination - or more radically, these classifications do not exist anymore. The paper explores how this vision could be used on one hand as a tool for reflection on the current use of the categories of sex and gender in law as well as in gender and law scholarship. On the other hand it might serve as a direction for legal reform for the 21st century. Thereby one of sociology of law's "classical" issues has to be addressed: the question of the use of law as an instrument of social change. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Published
2007

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