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Irish law allows for some LGBTQI + parents to be jointly recognized as legal parents of their children, but legal recognition is dependent on the mode of conception of the child and, as a result, many LGBTQI + parent families cannot secure full legal recognition of their families. Because these families fall outside of the legally recognized parenting pathways, limited empirical research has been conducted to understand their experiences. This article presents the findings of a survey that was conducted with 99 Irish LGBTQI + parents to investigate the nuances of, and legal difficulties faced by, the families in obtaining legal recognition of their family relationships. The article presents the findings of a bivariate descriptive analysis that was used to analyze the quantitative data and a thematic analysis used to examine the qualitative open-ended comments. The results serve to identify the difficulties experienced by respondents in obtaining legal recognition of their family relationships in Ireland. Following this analysis, the article considers how Irish law might better respond to the reality of these parenting arrangements. [ABSTRACT FROM AUTHOR]

Approaching the legal knowledge of Agroecology and Law in a static and linear way as it is proposed in most of the current legislation in agricultural and environmental matters with a marked utilitarian and anthropocentric cut, limits the study of these matters to a simple systematic logic operation of normativity, leaving the epistemological task of the researcher exclusively restricted to the notion of legal dogmatics separated from ancestral reality, peasant decisions codified or not, and their temporal-spatial results. The integration of legal sciences to agroecological thought transcends the vision of law reduced to positivism and legal formalism, encompassing the focus of law as a component of culture and as an instrument of governance and public policies. The comprehensive perspective of the law integrates the advances of internal rights and international law in the recognition and protection of Mother Earth, ancestral knowledge and knowledge, and peasant women. In considering the Law in Agroecology, the knowledge, uses and practices built by the peasant communities and their own construction of the right from and to the communities must be recognized and embraced. [ABSTRACT FROM AUTHOR]

Copyright of Law of Ukraine / Pravo Ukraini is the property of Editorial Board of Journal "Law of Ukraine" and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Paternity is the natural and legal bond established between the child and the father; through paternity legal recognition of the existing blood union between both of them is achieved. However, the natural and legal union between child and father are not always associated, because there may be a biological relationship but not a legal liaison or, on the contrary, there may be a legal affiliation without a biological connection. Consequently, nowadays, some sons and daughters who are born out of wedlock in Mexico maintain a biological connection with their parent, without a legal relation, due to the lack of voluntary recognition of paternity or the absence of a request for an investigation of paternity by the person who exercise the parental authority of the child, which, in fact, generates the existence of minors lacking parentage and, consequently, the violation of the principle of the best interests of the child and the right to identity, recognized in the Mexican Constitution and in some international human rights treaties ratified by Mexico. The ineffectiveness of the legal mechanisms to avoid this problem forces to generate alternatives to solve it, one of them is: the regulation of the ex-officio paternity investigation. [ABSTRACT FROM AUTHOR]

What does it take for a couple to stand out as married to others? In Morocco, an ideal scenario to marry today involves families celebrating three stages: an engagement, a legal contract, and a wedding. Yet, as I will show, couples may also turn out to be married without such ceremonies. Other elements can make for evident marriages. Still, legal recognition has, over the past decades, become increasingly essential within people's own creations of conjugal bonds. Moreover, family and penal code revisions, together with the civil registry's expansion, have profoundly changed proceedings and possibilities to legally marry. These processes defy simple binaries of legal versus licit domains. Legal and licit understandings of marriage interlace both in people's own evaluations and in state officials' approaches. However, as I will argue, increased emphasis on legal registration also heightens state control over family ties and reduces people's opportunities to leave marital definitions open-ended as this suits them over time. [ABSTRACT FROM AUTHOR]

From a legal perspective, feminisms challenge the role of law, in relation to domination schemes over the women, aiming at their full recognition as subjects of law. However, in the context of the legal treatment of sexuality, particularly, the Law is faced with the challenge of overcoming modern sexual rationality, an influential paradigm until today. The present article, carried out through a bibliographic and documentary survey, starts from the aforementioned problem and proposes as a hypothesis of solution the reception, by legal science, of a critical and interdisciplinary feminist vision, brought to light, in this work, from the literary work of Virginia Woolf. It was concluded that the works Jacob's Room and A Room of One's Own denote important notions of Judith Butler's gender theory and that the novel Orlando: A Biography represents an important legacy for queer perspective and in particular for the recognition and appreciation of genderfluid identity. [ABSTRACT FROM AUTHOR]

Reproductive coercion is increasingly recognised as a common part of women's experiences of domestic violence. The term refers to behaviour that aims to compromise a woman's control over her reproductive choices. It includes coercing a woman to become pregnant or to terminate a pregnancy and sabotaging contraception. There is no Australian research exploring how domestic violence support and legal services understand and respond to reproductive coercion when it is raised. Drawing on focus group discussions, this article questions the use of the terminology 'reproductive coercion' suggesting that 'reproductive abuse' may be more accessible. The article finds that the response to reproductive coercion in the legal context may be similar to sexual violence allegations, particularly regarding difficulties associated with reporting and with the victim being believed. This connection is worthy of further investigation. The article concludes that legislative change may improve the recognition of reproductive coercion. [ABSTRACT FROM AUTHOR]

The regulatory approach of international conventions on the transport of goods regarding some important issues in the field of electronic transport documents, such as the legal recognition of electronic transport documents, their functions and legal force makes the subject of analysis in this paper. The overall reach and limitations of the relevant convention rules are also included in the analysis. Conventions in the field of transport of goods, neither conceptually nor in terms of important issues, do not approach the problem of legal regulation of electronic transport documents in the same manner. While some conventions try to approach this problem systematically, in some branches of transport, the conventions are still applicable which, with their content, only implicitly enable the use of electronic transport documents. Regarding the completeness of the regulation of this matter, the Rotterdam Rules and the Additional Protocol to the CMR Convention stand out, but they differ in terms of the adequacy of regulation and final reach. The Rotterdam Rules, despite a very ambitious approach, have failed to adequately resolve the most challenging issue of this entire matter, which is the effective accomplishing of the subject matter-legal functions of a portable electronic record, which greatly reduced its ultimate reach. On the other hand, the Additional Protocol established a completely satisfactory legal foundations for the application of electronic transport documents in road transport.

In the 1980s, a debate began within some actors and associations of the homosexual movement whether to call for same-sex marriage or a diversity of life forms. The article focuses on a text by the feminist Jutta Oesterle-Schwerin, who vehemently opposed same-sex marriage. Oesterle-Schwerin formulated a vision of a legal recognition of the diversity of life forms. This can be read as a critique of gender binary marriage and thus as an attempt to achieve a recognition of different of life and their legal protection that are not bound to categories of gender or sexuality. [ABSTRACT FROM AUTHOR]

Copyright of Investigaciones Feministas is the property of Universidad Complutense de Madrid and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Chilena de Derecho is the property of Revista Chilena de Derecho and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In this article we reflect upon the evolution from the Belgian trans law of 2007 to those of 2017 and beyond, giving adult citizens the possibility to have their self-determined gender legally recognised. The 2019 ruling of the Belgian Constitutional Court, condemning the Belgian State for being discriminatory against gender fluid and gender non-binary persons regarding their legal gender recognition, requires the Belgian government to either add a third legal option or to abolish gender registration altogether. We analyse the definitions of sex and gender that underlie the two trans laws of 2007 and 2017 and the Constitutional Court ruling of 2019 and then confront them with the experiences of trans people based on a national transgender survey (Motmans, Wyverkens, & Defreyne, 2017). The confrontation between legal texts and lived experiences clearly shows the promises and pitfalls states face when striving for gender recognition procedures. [ABSTRACT FROM AUTHOR]

Copyright of Quaestio Iuris (QI) is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The growing constitutional recognition of indigenous justice systems in Latin America has been widely celebrated as a breakthrough in fulfilling international standards regarding the rights of indigenous peoples. Although being positive, celebration cannot hide the fact that such recognition is made from a particular legal culture, with its own legal language and structure, not necessarily according with the legal culture of the diverse indigenous communities. Looking through the glasses of the Epistemologies of the South, we might perceive invisibilized challenges within the recognition process and related to the imbalance of power between State and indigenous peoples. [ABSTRACT FROM AUTHOR]

An increasing number of court rulings and legislation worldwide are recognizing rights of nature to be protected and preserved. Recognizing these rights also entails the recognition that nature has the right to stand in court and to be represented for its defense. This is still an incipient field and every step taken in this direction constitutes a precedent from which to learn and on which to base new rulings and legislation initiatives. Within this doctrine, rivers seem to be on the spotlight and court rulings on the rights of rivers are the ones setting precedent. These cases have taken place in New Zealand, Ecuador, India, and Colombia. This review looks into what all these rulings and legislation worldwide say about the rights of nature and what legal and systemic considerations should be taken into account as the recognition of the rights of nature moves forward. [ABSTRACT FROM AUTHOR]

This article examines critically the meaning of the legal category of the right to special protection in the Colombian legal system and its relation with the theories of recognition. Firstly, the article argues that this category has a positive and negative meaning which needs to be understood as a political tool in permanent construction, and to be interpreted it in its various dimensions and subdivision. Secondly, the article argues that this right is based on the theories of recognition and, therefore, integrates and articulates to the tensions and problems of the forms of recognition. Thirdly, we present the opposite sides that are normally involved in this kind of legal recognition. From there, the article nurtures the idea, according to which, the right to special protection in Colombia promotes a model of formal and material recognition, not of disadvantaged subjects and groups, that represents their inequality by means of a new discourse of rights under which the old discourse of modern law hides, which, ultimately, ends up questioning the positive meaning of this category and reinforces its negative sense. [ABSTRACT FROM AUTHOR]

This is a work in progress, dealing with property rights regarding the human body. This paper tackles conceptions of property, and approaches the possibility of considering the human body or its parts as such. If this is indeed the case, as is suggested by some decisions of the jurisprudence of a number of different countries, we have to ask about the rights of individuals whose bodies were the origin of these properties. What exact entitlements should these people have, and what are the possible consequences of these entitlements becoming legally recognized. [ABSTRACT FROM AUTHOR]

It is often said that, in contrast to natural kinds, artifacts are mind-dependent, meaning that they somehow depend on either human beliefs or activities. In addition, some specifically claim that this mind-dependency of artifacts means that they are concept-dependent, i.e., that they are constituted by the concepts and intentions of humans (artifact authors or creators) and that the latter, in turn, determine what features are relevant for an artifact to be a member of a certain artifact kind. The paper therefore inquires into what these constitutive concepts are and what role they play. It also tries to explain the relationship between these concepts and the ‘theoretical' ones. Since the paper's main thesis is that law as such is an artifact or, more precisely, that legal systems are artifacts, it considers the said issue specifically in relation to the jurisprudential views on the ontological character of law. [ABSTRACT FROM AUTHOR]

The objective of this article is to formulate some hypotheses regarding the relationship between Family and Family Law in Chile since the second half of the 20th century. It suggests that family laws are extremely out of touch with respect to the current social reality, because they continue to reproduce a normative ¡deal of the family. First of all, it presents a theoretical background which questions the idea of the family as a unique, stable and immanent context, and raises the questions of social representation, family diversity and (struggles for) recognition as the main issues for analysis. Secondly, it presents demographic trends regarding the family in Latin America, and points out the gaps in information on the subject. Thirdly, it explores the Chilean caset in detail, taking stock of all the main laws on family matters. Finally, the conclusions point to a gap between the family as it is represented in the law, and its empirical reference points. [ABSTRACT FROM AUTHOR]

Marriage is a local arrangement with international effects. Throughout the Western world, a marriage recognized as valid by the parties' home country is usually considered valid and binding in any other country. This recognition carries substantial benefits. In sharp contrast, unwed couples and some married couples, namely same-sex couples, are denied these benefits due to lack of (sufficient) inter-state and international recognition of their relationships, making their relationships unstable at best. This Article discusses the cross-border recognition of such relationships--or lack thereof--and its effects, and it suggests a way to better the situation using private law tools, thus avoiding much of the public debate on the matter. [ABSTRACT FROM AUTHOR]

The author opposes the proposal of three different regimes of mutual recognition and ten recognition clauses in civil matters in European law. Topics discussed include the impact of a general recognition and enforcement clause on problems resulting from the multiple sources of law, the history of mutual recognition and enforcement of civil and commercial judgments, and the mechanisms of recognition in European Union regulations.

The article discusses the U.S. Supreme Court's ruling in the 2013 case Kiobel v. Royal Dutch Petroleum Co. which deals with a territoriality principle and the U.S. Alien Tort Statute, and it mentions a political recognition (PR) theory and state jurisdiction in America. According to the article, PR describes the transnational space in which marginalized groups such as indigenous peoples, women, and LGBTQ communities challenge the oppressive practices that they face. Dignity is also examined.

The article focuses on the politics of recognition. Topics discussed include the argument of Patchen Markell about politics of recognition in his book "Bound by Recognition," the resemblance of Wendy Brown's conclusion in "States of Injury" with Markell's, and Nancy Fraser's critiques regarding politics of recognition.

Until March 2014, it was widely assumed that a person's sex could only be recorded in the Australian state and territory Registers of Births, Deaths and Marriages as either female or male. This assumption is no longer accurate, following two significant developments. In March 2014, the Australian Capital Territory amended its Births, Deaths and Marriages Registration Act to allow the registration of a person's sex as unspecified, indeterminate or intersex. In April 2014, the High Court handed down its much anticipated decision in NSW Registrar of Births, Deaths and Marriages v Norrie, which interpreted the New South Wales Births, Deaths and Marriages Registration Act to allow the registration of a person's sex following sex affirmation surgery as 'non-specific'. This article describes the Australian legislation relating to registration of sex, and considers the implications of these developments, including the consequences for Australian marriage law, which continues to define marriage narrowly as the union of a man and a woman. [ABSTRACT FROM AUTHOR]

Based on recent achievements by the same-sex marriage movement and current societal attitudes, it seems clear that it is only a matter of time before samesex marriage is recognized by every jurisdiction within the United States. When this occurs, society will be left with an important decision regarding whether the widespread legalization of same-sex marriage marks the beginning or the end of the discussion in this country regarding adult relationship recognition. Hopefully, it will mark the beginning of the discussion. Individuals face incredibly limited options when it comes to legal recognition of their important relationships. The federal government and the majority of states recognize only one relationship status, marriage, leaving couples with the narrow choice of marriage or nonrecognition. It is time for the United States to follow the lead of other countries in creating an effective and comprehensive system of adult relationship recognition that does not depend solely upon marriage. There is ample evidence that marriage is in trouble in the United States. An increasing number of individuals are eschewing marriage for nonmarital cohabitation, those who marry do so later in life, and the divorce rate continues to hover around fifty percent. As marriage rates decrease, more individuals are left in the unfortunate position of having inadequate legal protections for their relationships. Many people likely would benefit from the introduction of a third option; namely, a state-based nonmarital relationship status that offered a true alternative to marriage and was recognized by the federal government. This Article offers an innovative proposal for a new system of nonmarital relationship recognition in the United States. [ABSTRACT FROM AUTHOR]

The article discusses the concept of "tort tourism" which involves foreign plaintiffs who circumvent legal limitations by filing tort-related lawsuits in foreign courts outside of the U.S. in order to secure large awards and attempt to collect upon their legal judgments in other nations. The author's call for the development of a U.S. federal law on foreign judgment recognition is mentioned, along with information about American state laws and forum shopping. Personal jurisdiction is examined.

The article discusses the challenges being faced in the protection of human rights in Africa. It notes the progress made for the formal recognition of human rights in the legal system of Africa on the domestic and regional level which still plays a limited role. The progress on the realisation of human rights should not be pinned within the scope of law but also on the educational and other initiatives. Scepticism has developed around the human rights initiatives focusing on the gap of what are promised, and what is delivered. Initiatives for the human rights protection include the launching of the New Partnership for Africa's Development (NEPAD) in 2001 to constitute the turning point of governance, and the creation of African Peer Review Mechanism (APRM) to monitor aspects of governance.

This paper is intended to provide a space for reflection on Hong Kong’s transgender movement at its current stage, with particular reference to the objectives and activities of the Hong Kong Transgender Equality and Acceptance Movement (‘TEAM’). Established in 2002, TEAM was the first organized group of transgender people and supporters in Hong Kong. First, the paper examines the emergence of the transgender movement in Hong Kong, situating the stated objectives of TEAM in the broader social, legal and political context in Hong Kong. It then considers the successes and limitations of TEAM’s activities to date, measured against its objectives. Finally, it examines why Hong Kong’s transgender community has not yet fought for the right to legal recognition of their gender identity, as have transgender individuals and transgender movements in many other countries around the world. In the Asia‐Pacific region these include Australia, Japan, the People’s Republic of China, the Philippines, Singapore, South Korea and New Zealand. Through interviews with members of TEAM, the paper questions whether legal recognition is indeed a concern and/or priority for Hong Kong’s transgender community, and, if so, what prevents Hong Kong transgender people from claiming their right to legal recognition in the courts or through the political process. [ABSTRACT FROM AUTHOR]