A Law of Blood-ties - The 'Right' to Access Genetic Ancestry PDF Download

Author: Alice Diver
Publisher: Springer Science & Business Media
ISBN: 3319010719
Category : Law
Languages : en
Pages : 316

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Book Description
This text collates and examines the jurisprudence that currently exists in respect of blood-tied genetic connection, arguing that the right to identity often rests upon the ability to identify biological ancestors, which in turn requires an absence of adult-centric veto norms. It looks firstly to the nature and purpose of the blood-tie as a unique item of birthright heritage, whose socio-cultural value perhaps lies mainly in preventing, or perhaps engendering, a feared or revered sense of ‘otherness.’ It then traces the evolution of the various policies on ‘telling’ and accessing truth, tying these to the diverse body of psychological theories on the need for unbroken attachments and the harms of being origin deprived. The ‘law’ of the blood-tie comprises of several overlapping and sometimes conflicting strands: the international law provisions and UNCRC Country Reports on the child’s right to identity, recent Strasbourg case law, and domestic case law from a number of jurisdictions on issues such as legal parentage, vetoes on post-adoption contact, court-delegated decision-making, overturned placements and the best interests of the relinquished child. The text also suggests a means of preventing the discriminatory effects of denied ancestry, calling upon domestic jurists, legislators, policy-makers and parents to be mindful of the long-term effects of genetic ‘kinlessness’ upon origin deprived persons, especially where they have been tasked with protecting this vulnerable section of the population.

Author: Kristin Elizabeth Gager
Publisher: Princeton University Press
ISBN: 140086433X
Category : History
Languages : en
Pages : 212

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Book Description
In Paris during the sixteenth and seventeenth centuries, the practice of adopting children was strongly discouraged by cultural, religious, and legal authorities on the grounds that it disrupted family blood lines. In fact, historians have assumed that adoption had generally not been practiced in France or in the rest of Europe since late antiquity. Challenging this view, Kristin Gager brings to light evidence showing how married couples and single men and women from the artisan neighborhoods in early modern Paris did manage to adopt children as their legal heirs. In so doing, she offers a new, richly detailed portrait of family life, civil law, and public assistance in Paris, and reveals how citizens forged a wide variety of family forms in defiance of social, cultural, and legal norms. Gager bases her work on documents ranging from previously unexplored notarized contracts of adoption to court cases, theological treatises, and literary texts. She examines two main patterns of adoption: those privately arranged between households and those of destitute children from the Parisian foundling hospice and the Hôtel-Dieu. Gager argues that although customary law rejected adoption and promoted an exclusively biological model of the family, there existed an alternative domestic culture based on a variety of "fictive" ties. Gager connects her arguments to current debates about adoption and the nature of the family in Europe and the United States. Originally published in 1996. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Author: Alice Diver
Publisher: Springer Nature
ISBN: 3031462467
Category : Social Science
Languages : en
Pages : 193

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Book Description
This book critically analyses the way in which traditional sociocultural and legal biases might be perpetuated against those with unknown – or unknowable – genetic ancestries. It looks to law and works of literature across differing eras and genres focussing upon such concepts as inherited stigma, illegitimacy, orphanisation, adoption, othering, reunion, and the ‘right’ to access truths that relate to one’s original identity. Law’s role in such matters is often limited (or usurped) by custom, practice, or lingering superstitious beliefs; the importance of oral and written testimony is therefore highlighted. Characters include abandoned or orphaned figures from folk and fairy tales, Romantic and Victorian monsters and heroes, Dickensian waifs, Edwardian rescue orphans, and dystopia-set ‘rebels.‘ Their insights and experiences are mirrored in various present day scenarios that speak to familial human rights abuses, not least forced adoptions and bars on accessing original information. This cross-disciplinary book drawing on Law, Literature, Sociology, Critical Adoption Studies should be of interest to those interested in and those who have been affected in some way by adoption, origin deprivation, or reunion.

Author: Alice Diver
Publisher: Springer
ISBN: 3319240161
Category : Law
Languages : en
Pages : 422

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Book Description
This collection of 16 essays by 19 contributors calls into question the notion of domestic justiciability across a wide range of human rights issues, such as health, human dignity, criminal justice, property and transitional democracy. The authors offer critical analyses of a number of rights frameworks, focusing in considerable detail upon specific countries (e.g. Libya, Colombia, Ireland, the United Kingdom, Northern Ireland, South Africa, Nigeria, Zimbabwe, Kenya, India) and regions (e.g. Europe, Africa) to highlight the various challenges which continue to vex human rights advocates and scholars. In doing so they pinpoint some of the major tensions that still exist within developing and developed jurisdictions, via a myriad range of perspectives. The essays collectively present a diverse assortment of themes unified by a single ‘golden thread’ – that of the domestic interpretations given to human rights protections. They raise questions as to how such rights might be made substantive at the level of domestic implementation, and query the extent to which these rights can, or even should, be enforced by the courts. The potential strains in the relationship between human rights and the rule of law, is further called into question by another central theme: that of human dignity. A fundamental dilemma arises in respect of the extent to which a ‘right’ to dignity can best be promoted, protected or monitored by domestic decision-makers. Similar issues are apparent within the context of the protection of those human rights which increasingly tend to engage social, political or economic considerations and interests. Whilst these arguments are often framed principally in terms of ‘rights,’ the collective message that emerges from this book is that such rights may often be, in fact, essentially non-justiciable. Readers of this text will perhaps feel compelled to reflect carefully and fully upon what it tells us about human rights law generally, and the extent to which such rights may be truly amenable to adjudication by the courts.

Author: Alice Diver
Publisher: Springer Nature
ISBN: 3030263428
Category : Education
Languages : en
Pages : 564

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Book Description
This book discusses the topic of graduate employability from the premise that in this era of ‘massification,’ economic austerity, and political uncertainties, higher education (HE) no longer guarantees a clear ‘work place advantage.’ Divided into three sections, the book offers theoretical and philosophical discourses on the ‘HE quandary,’ whilst taking into account – and critiquing - political, temporal, and national contexts. It culminates in an investigation into specific discipline areas. It offers insights into the way that institutions, decision-makers, academics, and professional support staff can work together towards ensuring that our graduates are able to cope with the varied demands and challenges of modern job markets. It harnesses arguments and reflections on the breadth and depth of the functions of HE, such as social transformation, promoting principles of social justice, and providing opportunities. It grounds these in a triadic model for enhancing student engagement and holistic learning, namely, the emotional, cognitive, and behavioural aspects. As an anthology, it is forward-gazing in terms of the sustainability debate, whilst still offering evidence-based, research-grounded, practical suggestions to readers looking for tips and tools of the trade.

Author: Samantha M Davey
Publisher: Bloomsbury Publishing
ISBN: 1509929150
Category : Law
Languages : en
Pages : 224

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Book Description
This book explores non-consensual adoption - an area of law which has sparked considerable debate amongst academics, practitioners and the judiciary nationally and internationally. The emphasis of this book is on the circumstances in which non-consensual adoption may be regarded as a proportionate measure and when less severe forms of intervention, such as long-term foster care or kinship care, may also meet children's needs while providing protection to children's rights under the European Convention on Human Rights. The book builds on existing literature on adoption law but takes the discussion in new directions, placing an emphasis on the need to closely scrutinise children's and parents' rights at all stages of the adoption process, not simply when parents appeal against the making of an adoption order. A unique feature of this book is its emphasis on routinely incorporating key provisions from the United Nations Convention on the Rights of the Child into analysis when determining whether an adoption order is a proportionate measure.

Author: Ruth Lamont
Publisher: Oxford University Press
ISBN: 019289353X
Category : Domestic relations
Languages : en
Pages : 712

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Book Description
Family Law offers an engaging and debate-driven guide to the subject, with each chapter crafted by a team of highly experienced teachers writing on their specialist subject under the expert editorship of Ruth Lamont. Each chapter is a superbly clear guide to the topic, structured around the key debates central to that topic, which are then explored in detail throughout the chapter. Students are thereby introduced to an enlightening range of perspectives on the key issues in family law today, allowing them to formulate their own opinions and arguments. The social, economic, and political backdrop to each topic is also extensively discusssed to ensure that students' understanding is grounded in this essential context. Family Law is a critical and modern guide to this dynamic subject.

Author: Keith Wailoo
Publisher: Rutgers University Press
ISBN: 0813553369
Category : Social Science
Languages : en
Pages : 371

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Book Description
Our genetic markers have come to be regarded as portals to the past. Analysis of these markers is increasingly used to tell the story of human migration; to investigate and judge issues of social membership and kinship; to rewrite history and collective memory; to right past wrongs and to arbitrate legal claims and human rights controversies; and to open new thinking about health and well-being. At the same time, in many societies genetic evidence is being called upon to perform a kind of racially charged cultural work: to repair the racial past and to transform scholarly and popular opinion about the “nature” of identity in the present. Genetics and the Unsettled Past considers the alignment of genetic science with commercial genealogy, with legal and forensic developments, and with pharmaceutical innovation to examine how these trends lend renewed authority to biological understandings of race and history. This unique collection brings together scholars from a wide range of disciplines—biology, history, cultural studies, law, medicine, anthropology, ethnic studies, sociology—to explore the emerging and often contested connections among race, DNA, and history. Written for a general audience, the book’s essays touch upon a variety of topics, including the rise and implications of DNA in genealogy, law, and other fields; the cultural and political uses and misuses of genetic information; the way in which DNA testing is reshaping understandings of group identity for French Canadians, Native Americans, South Africans, and many others within and across cultural and national boundaries; and the sweeping implications of genetics for society today.

Author: Deborah Chambers
Publisher: John Wiley & Sons
ISBN: 0745695345
Category : Medical
Languages : en
Pages : 248

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Book Description
New kinds of intimate relationships such as post-divorce families, co-habiting couples, ‘friends as family' and same-sex unions are now commonplace. This book explores the growing diversity of family life by presenting a comprehensive assessment of recent research and theory, and foregrounds new thinking about ‘family', parenting, childhood and personal life. A Sociology of Family Life queries notions of moral decline by revealing a remarkable persistence of commitment and reciprocity across cultures in traditional and new family relations. This insightful and innovative work examines factors such as gender, race, ethnic identity and new sexual lifestyles in relation to cultural customs, government policies and social inequalities. Global dimensions of intimate life are explored, including the impact of population policies on fertility in several nations; ethical dilemmas associated with reproductive technologies among different cultures; interdependencies between rich and poor nations through the globalization of domestic care; and transnational marriage strategies. This book will be indispensable for students across the social sciences interested in change in intimate relations. Selected by Choice as a 2013 Outstanding Academic Title

Author: Francesca Morgan
Publisher: UNC Press Books
ISBN: 1469664798
Category : History
Languages : en
Pages : 317

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Book Description
From family trees written in early American bibles to birther conspiracy theories, genealogy has always mattered in the United States, whether for taking stock of kin when organizing a family reunion or drawing on membership—by blood or other means—to claim rights to land, inheritances, and more. And since the advent of DNA kits that purportedly trace genealogical relations through genetics, millions of people have used them to learn about their medical histories, biological parentage, and ethnic background. A Nation of Descendants traces Americans' fascination with tracking family lineage through three centuries. Francesca Morgan examines how specific groups throughout history grappled with finding and recording their forebears, focusing on Anglo-American white, Mormon, African American, Jewish, and Native American people. Morgan also describes how individuals and researchers use genealogy for personal and scholarly purposes, and she explores how local businesspeople, companies like Ancestry.com, and Henry Louis Gates Jr.'s Finding Your Roots series powered the commercialization and commodification of genealogy.