1.
Elkanah
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Elkanah was, according to the Books of Samuel, the husband of Hannah, and the father of her children including her first, Samuel. Elkanah practiced polygamy, his wife, less favoured but bearing more children, was named Peninnah. The names of Elkanahs other children apart from Samuel are not given, Elkanah plays only a minor role in the narrative, and is mostly a supporting character to Eli, Hannah, and Samuel. Elkanah is descended from Kohath and Levi, making him a Levite, Elkanah was the son of Jeroham, who was the son of Elihu, who was the son of Tohu, who was the son of Zuph. Elkanah is described as having originated from Zuph, specifically Ramathaim-Zophim, which was part of the lands of Ephraim, however. He is the great great grandson of another Elkanah
2.
Family
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In the context of human society, a family is a group of people affiliated either by consanguinity, affinity, or co-residence or some combination of these. Members of the family may include spouses, parents, brothers, sisters, sons. Members of the family may include grandparents, aunts, uncles, cousins, nephews, nieces. Sometimes these are considered members of the immediate family, depending on an individuals specific relationship with them. In most societies, the family is the institution for the socialization of children. As the basic unit for raising children, anthropologists generally classify most family organizations as matrifocal, conjugal, avuncular, sexual relations among the members are regulated by rules concerning incest such as the incest taboo. The word family can be used metaphorically to create more inclusive categories such as community, nationhood, global village, the field of genealogy aims to trace family lineages through history. Family is also an important economic unit studied in family economics, one of the primary functions of the family involves providing a framework for the production and reproduction of persons, biologically and/or socially. This can occur through the sharing of material substances, the giving and receiving of care and nurture, jural rights and obligations, thus, ones experience of ones family shifts over time. From the perspective of children, the family is a family of orientation, from the point of view of the parent, the family is a family of procreation, the goal of which is to produce and enculturate and socialize children. Christopher Harris notes that the conception of family is ambiguous. Diverse data from ethnography, history, law and social statistics, reveal the human family as a social institution, the different types of families occur in a wide variety of settings, and their specific functions and meanings depend largely on their relationship to other social institutions. Sociologists have a special interest in the function and status of family forms in stratified societies, much sociological, historical and anthropological research dedicates itself to the understanding of this variation, and of changes in the family that form over time. Levitan claims, Times have changed, it is acceptable and encouraged for mothers to work. The way roles are balanced between the parents will help children grow and learn life lessons. There is great importance of communication and equality in families, in order to avoid role strain, the term nuclear family is commonly used, especially in the United States of America, to refer to conjugal families. A conjugal family includes only the husband, the wife, sociologists distinguish between conjugal families and nuclear families. Other family structures, such as blended parents, single parents, a matrifocal family consists of a mother and her children
3.
Marriage
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The definition of marriage varies according to different cultures, but it is principally an institution in which interpersonal relationships, usually sexual, are acknowledged. In some cultures, marriage is recommended or considered to be compulsory before pursuing any sexual activity, when defined broadly, marriage is considered a cultural universal. Individuals may marry for several reasons, including legal, social, libidinal, emotional, financial, spiritual, whom they marry may be influenced by socially determined rules of incest, prescriptive marriage rules, parental choice and individual desire. In some areas of the world, arranged marriage, child marriage, polygamy, conversely, such practices may be outlawed and penalized in parts of the world out of concerns for womens rights and because of international law. These trends coincide with the human rights movement. Marriage can be recognized by a state, an organization, an authority, a tribal group. It is often viewed as a contract, Marriages can be performed in a secular civil ceremony or in a religious setting via a wedding ceremony. The act of marriage usually creates normative or legal obligations between the individuals involved, and any offspring they may produce, some cultures allow the dissolution of marriage through divorce or annulment. In some areas, child marriages and polygamy may occur in spite of laws against the practice. For example, the number of marriages in Europe decreased by 30% from 1975 to 2005 and these changes have occurred primarily in Western countries. The word marriage derives from Middle English mariage, which first appears in 1250–1300 CE and this in turn is derived from Old French, marier, and ultimately Latin, marītāre, meaning to provide with a husband or wife and marītāri meaning to get married. The adjective marīt-us -a, -um meaning matrimonial or nuptial could also be used in the form as a noun for husband. Anthropologists have proposed several competing definitions of marriage in an attempt to encompass the wide variety of marital practices observed across cultures, even within Western culture, definitions of marriage have careened from one extreme to another and everywhere in between. The anthropological handbook Notes and Queries defined marriage as a union between a man and a such that children born to the woman are the recognized legitimate offspring of both partners. In recognition of a practice by the Nuer people of Sudan allowing women to act as a husband in certain circumstances, Kathleen Gough suggested modifying this to a woman, none of these men had legal rights to the womans child. Economic anthropologist Duran Bell has criticized the definition on the basis that some societies do not require marriage for legitimacy. He argued that a definition of marriage is circular in societies where illegitimacy has no other legal or social implications for a child other than the mother being unmarried. In 1955 article in Man, Leach argued that no one definition of marriage applied to all cultures and he offered a list of ten rights associated with marriage, including sexual monopoly and rights with respect to children, with specific rights differing across cultures
4.
Types of marriages
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The type, functions, and characteristics of marriage vary from culture to culture, and can change over time. In general there are two types, civil marriage and religious marriage, and typically employ a combination of both. In the Americas and Europe, in the 21st century, legally recognized marriages are formally presumed to be monogamous, in these countries, divorce is relatively simple and socially accepted. In the West, the view toward marriage today is that it is based on a legal covenant recognizing emotional attachment between the partners and entered into voluntarily. In the West, marriage has evolved from a life-time covenant that can only be broken by fault or death to a contract that can be broken by party at will. In some jurisdictions, property acquired since marriage is not owned by the title-holder and this property is considered marital and to be divided among the spouses by community property law or equitable distribution via the courts. Marriages are more likely to be a product of mutual love, remaining single by choice is increasingly viewed as socially acceptable and there is less pressure on young couples to marry. Interracial marriage is no longer forbidden, key facts concerning the marriage law in Africa and Asia, Marital rape is legal in most parts Africa and Asia alike. Child marriage is legal in most parts of Africa and Asia alike, arranged marriage is prevalent in many parts of Africa and Asia alike, especially in rural regions. Same-sex marriage is illegal in most parts of Africa and Asia alike, dowries are a traditional aspect of marriage customs in most rural regions of Africa and Asia alike. Some societies permit polygamy, in which a man could have multiple wives, even in such societies however, in such societies, having multiple wives is generally considered a sign of wealth and power. The status of multiple wives has varied from one society to another, after the rise of Communism, only strictly monogamous marital relationships are permitted, although divorce is a relatively simple process. Polyandry occurs very rarely in a few isolated tribal societies, additionally, the Spartans were notable for practicing polyandry. Societies which permit group marriage are extremely rare, but have existed in Utopian societies such as the Oneida Community, today, many married people practice various forms of consensual nonmonogamy, including polyamory and Swinging. These people have agreements with their spouses that permit other intimate relationships or sexual partners, therefore, the concept of marriage need not necessarily hinge on sexual or emotional monogamy. In the Christian society, a one man one woman model for the Christian marriage was advocated by Saint Augustine with his published letter The Good of Marriage. To discourage polygamy, he wrote it was lawful among the ancient fathers, whether it be lawful now also, sermons from St. Augustines letters were popular and influential. In 534 AD Roman Emperor Justinian criminalized all but monogamous man/woman sex within the confines of marriage, the Codex Justinianus was the basis of European law for 1,000 years
5.
Prenuptial agreement
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The content of a prenuptial agreement can vary widely, but commonly includes provisions for division of property and spousal support in the event of divorce or breakup of marriage. They may also include terms for the forfeiture of assets as a result of divorce on the grounds of adultery and it should not be confused with the historic marriage settlement which was concerned not primarily with the effects of divorce but with the establishment and maintaining of dynastic families. Many countries, including Canada, France, Italy, and Germany, have matrimonial regimes, in addition to, or some cases, postnuptial agreements are similar to prenuptial agreements, except that they are entered into after a couple is married. Laws vary between states and countries in both how to draft them and in whether they will enforce such agreements. Prenuptial agreements are recognised in Australia by the Family Law Act 1975, prenuptial agreements in Canada are governed by provincial legislation. Each province and territory in Canada recognizes prenuptial agreements, for instance, in Ontario prenuptial agreements are called marriage contracts and they are recognized by section 52 of the Family Law Act. Prenuptial agreements have long recognized as valid in several European countries, such as France, Belgium. In France and Belgium prenuptial agreements must be set up in the presence of a notary, in India, prenuptial agreements are very rare and do not have any governing laws. However, with rising divorce rates people are showing increasing interest in prenups, some lawyers are of the opinion that prenups dont have legal sanctity in India. However, some form of contract is signed in some cases, but, the agreements need to be reasonable and not violate pre-existing laws like the Hindu Marriage Act. Indian courts allow a memorandum of settlement to be signed during divorces, but, no court has yet been asked to enforce a prenup. These agreements may come under the Indian Contract Act 1872, the Section 10 of the Indian Contract Act states that agreements are to be considered contracts if they are made by the free consent of the parties. However, the Section 23 of the act states that a contract may be void if they are immoral or against public policy. Goa is the only Indian state where a prenuptial is legally enforceable, a prenuptial agreement may be signed between the two parties at the time of marriage, stating the regime of ownership. If a prenuptial has not been signed, then the property is simply divided equally between the husband and wife. Prenuptial agreements have not been considered legally valid in England. The Law Commission is due to whether a change should be made to the letter of the law, recognizing prenupts in a more general way. Currently, prenuptial agreements are recognized, although they may not always be enforced, both parties should have lawyers represent them to ensure that the agreement is enforceable
6.
Cohabitation
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Cohabitation is an arrangement where two people who are not married live together. Such arrangements have become common in Western countries during the past few decades, being led by changing social views, especially regarding marriage, gender roles. They often involve a romantic relationship and/or sexually intimate relationship on a long-term or permanent basis, more broadly, the term cohabitation can mean any number of people living together. To cohabit, in a sense, means to coexist. The origin of the term comes from the mid 16th century, from the Latin cohabitare, today, cohabitation is a common pattern among people in the Western world. In Europe, the Scandinavian countries have been the first to start this leading trend, mediterranean Europe has traditionally been very conservative, with religion playing a strong role. Until the mid-1990s, cohabitation levels remained low in this region, during the past decades, in Western countries, there has been an increase in unmarried couples cohabiting. Historically, many Western countries have been influenced by Christian doctrines on sex, as social mores have changed, such beliefs have become less widely held by the population and some Christian denominations today view cohabitation as a precursor to marriage. Pope Francis has married a couple who had children, while former Archbishop of Canterbury Rowan Williams. All these changes favored living arrangement alternatives to marriage, in Central and Eastern Europe, during the late 1980s and early 1990s, there were major political changes, such as the fall of Communist governments. These societies entered a new era of increased social freedom, less rigid rules and they interacted with Western Europe and some became members of the European Union. As a result, the patterns of life have started to change, marriage rates have declined. Cohabitation and births to unmarried mothers increased, and in countries the increase was very quick. The deinstitutionalization of marriage refers to the weakening of the social and legal norms that regulate behavior in regard to marriage. The rise in cohabitation is part of major social changes such as, higher divorce rate, older age at first marriage and childbearing. There have been objections against the legal and social regulation of female sexuality, in addition, some individuals may feel that marriage is unnecessary or outdated, leading to couples not formalizing their relation. The fact that many choose to live together without formalizing their relation is also recognized by the European Union. A2004 directive forbids EU members from denying entry or residence of partners with whom the Union citizen has a durable relationship, a reason for the more permissive and less traditional views on cohabiting would be a low sex ratio
7.
Concubinage
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The woman in such a relationship is referred to as a concubine. The prevalence of concubinage and the status of rights and expectations of a concubine have varied between cultures as well as the rights of children of a concubine. Whatever the status and rights of the concubine, they were inferior to those of the wife. Historically, concubinage was frequently entered into voluntarily as it provided a measure of security for the woman involved. Involuntary or servile concubinage sometimes involved sexual slavery of one member of the relationship, nevertheless, sexual relations outside marriage were not uncommon, especially among royalty and nobility, and the woman in such relationships was commonly described as a mistress. However, the children of such relationships were counted as illegitimate and were barred from inheriting the title or estates. While various forms of sexual relationships and co-habitation short of marriage have become increasingly common in the Western world. The terms concubinage and concubine are used primarily when referring to non-marital partnerships of earlier eras. In modern usage, a domestic relationship is commonly referred to as co-habitation. Concubinage was highly popular before early 20th century all over Asia, the main function of concubinage was producing additional heirs, as well as bring males pleasure. Children of concubines had lower rights in account to inheritance, which was regulated by Dishu system, after that, even concubinage has been legally banned, the relationship between mistresses and their men are highly affected by it. In China, successful men often had concubines until the practice was outlawed after the Communist Party of China came to power in 1949, the standard Chinese term translated as concubine was qiè 妾, a term used since ancient times, which means female slave. Concubines resembled wives in that they were recognized sexual partners of a family member and were expected to bear children from him. Unofficial concubines, are of lower status, and children of her are considered illegitimate, in English the term concubine is also used for what the Chinese refer to as pínfēi consorts of emperors, some of very high rank. In premodern China, it was illegal and socially disreputable for a man to have more than one wife at a time, but he could have concubines. At first a man could have as many concubines as he could afford, however, from the Eastern Han onward, the higher ranking and the more noble an identity a man possessed, the more concubines he was permitted to have. A concubines treatment and situation were highly variable and were influenced by the status of the male to whom she was engaged. In the Book of Rites chapter on “The Pattern of the Family” it says, “If there were betrothal rites, she became a wife, and if she went without these, Concubines could be taken without any of the ceremonies used in marriages
8.
Civil union
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A civil union, also referred to by a variety of other names, is a legally recognized arrangement similar to marriage. These unions have been established in a number of countries since the late 1990s, in Denmark, Iceland, Norway and Sweden, they have since been replaced, and in a number of other countries supplemented, by same-sex marriage. Civil unions are often seen by campaigners as a first step towards legalizing marriage for same-sex couples, while civil unions are predominantly established for both opposite-sex and same-sex couples, in a number of countries they are available to same-sex couples only. In Brazil, civil unions were first created for opposite-sex couples in 2002, same-sex marriages performed abroad are commonly recognised as civil unions in jurisdictions that only have the latter. The terms used to designate civil unions are not standardized, the exact level of rights, benefits, obligations, and responsibilities also varies, depending on the laws of a particular country. Some jurisdictions allow same-sex couples to adopt, while others forbid them to do so, Civil unions are not seen as a replacement for marriage by many in the LGBT community. Marriage in the United States is a union, but a civil union, as it has come to be called, is not marriage. It is a proposed hypothetical legal mechanism, since it doesnt exist in most places, to some of the protections. Theres no good reason to do that, the California Supreme Court, in the In Re Marriage Cases decision, noted nine differences in state law. Civil unions are commonly criticised as being separate but equal, critics say they segregate same-sex couples by forcing them to use a separate institution. A New Jersey commission which reviewed the civil union law reported that the law invites and encourages unequal treatment of same-sex couples. Some have suggested that creating civil unions which are open to opposite-sex couples would avoid the accusations of apartheid and these have still been criticised as being separate but equal by former New Zealand MP and feminist Marilyn Waring as same-sex couples remain excluded from the right to marry. Many supporters of same-sex marriage state that the word marriage matters, former US Solicitor General and attorney in the Perry v. Many also contend that the fact that civil unions are not understood can cause difficulty for same-sex couples in emergency situations. Countries, territories and cities which introduced civil unions for same-sex and/or opposite-sex couples, the City of Villa Carlos Paz allowed it from 2007. And since 2009 the city of Río Cuarto allows Civil Unions too, all levels of Australian Governments under nearly all Australian statutes do recognise same-sex couples as de facto couples as unregistered co-habitation or de facto status since 2009. From 1 July 2009 Centrelink recognised same-sex couples equally regarding social security – under the common-law marriage, Cohabitation grants 112 benefits as family entities in Brazil since 2002. It is known as união estável when both parts are legally authorized to marry, and as concubinato when at least one part is legally prohibited from doing so
9.
Domestic partnership
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A domestic partnership is an interpersonal relationship between two individuals who live together and share a common domestic life but are not married. The term is not used consistently, which results in some inter-jurisdictional confusion, some legislatures have voluntarily established domestic partnership relations by statute instead of being ordered to do so by a court. In August 1979, gay rights activist Tom Brougham proposed a new category of relationship called domestic partnership, initially, the requirements were that only two people who resided together and were qualified to marry except that they were the same gender. Additional requirements were added for the partners to maintain mutual financial responsibility. In 1982, Broughams definition was modified by Supervisor Harry Britt, in 1989, a domestic partnership law was adopted in San Francisco. However, voters repealed the domestic law by initiative, a modified version was reinstated by another voter initiative, 1990s Proposition K. Currently, the city offers a domestic partnership status separate and differing in benefits from that offered by the state. According to the San Francisco Human Rights Commission, In 1982, mr. Brinkin, then an employee of Southern Pacific Railway, had recently suffered the loss of his partner of eleven years. When he was denied the three days of paid bereavement leave given to married employees, he filed suit with the assistance of the ACLU. Despite a great deal of evidence to the contrary, the judge agreed with his employers claim that there was no way to know if his relationship was legitimate. In 1983, the City Council of Berkeley, California, under the leadership of Mayor Gus Newport, ordered their Human Relations, the Commission appointed its Vice-Chair, Leland Traiman, a gay activist, to head the Domestic Partner Task Force and draft a policy. A policy was adopted by the Commission and presented to the City Council, a copy was sent to the Berkeley School Board. In July 1984 the City Council voted down the proposal citing financial concerns, on August 1,1984, the Berkeley School Board enacted the policy by a 4 to 1 vote. The school board motion was made by board member and community activist Ethel Manheimer, in November 1984, all the city council members up for election who had voted against the policy lost reelection. Progressives from the Berkeley Citizens Action slate who replaced them had voiced support for a domestic partner policy. The East Bay Lesbian/Gay Democratic Club had worked hard to elect the BCA Slate and this was the first time domestic partners was a campaign issue. At the first meeting of the new City Council in December 1984, the first couple to file for benefits under Berkeleys sex-neutral policy were Brougham and his partner Barry Warren. However, the City Council did not create a registry for domestic partners until 1991, on October 11 of that year,28 lesbian and gay male couples and one heterosexual couple registered their partnerships
10.
Sham marriage
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A sham marriage or fake marriage is a marriage of convenience entered into purely for the purpose of gaining a benefit or other advantage arising from that status. While referred to as a sham or fake because of its motivation, arranging or entering into such a marriage to deceive public officials is itself a separate violation of the law of some countries. In the United States, sham marriage for purposes of fraud is a felony. After a period, a couple often divorces if the marriage is no longer useful, common reasons for sham marriages are to gain immigration, residency, work or citizenship rights for one or both of the spouses, or for other benefits. There have been cases of people entering into a marriage to avoid suspicion of homosexuality or bisexuality. For example, Hollywood studios had allegedly requested homosexual actors, such as Rock Hudson, the couple marries with knowledge that the marriage is solely for the purpose of obtaining the favorable immigration status. This is frequently arranged as a transaction and occurs more commonly with foreigners already in the country. The INS and the Justice Department say that they do not have numbers on the rate of attempted marriage fraud. In the 2009 fiscal year,506 of the 241,154 petitions filed were denied for suspected fraud, the UK Border Agency issued guidance to clergy in April 2011 to help prevent weddings for visas. English and Welsh clergy may perform a marriage, according to the law there and they have been advised not to offer to publish banns for any marriage which involves someone from outside Europe. In Ireland in August 2010, it was claimed that sham marriages account for one in six marriages, residency status in the European Union, definitions of sham marriage vary by jurisdiction, but are often related to immigration. In Canada, legislation on sham marriages has been strengthened in 2012, yet, there has been continuous controversy regarding the issue. The Canadian officials have been accused both of being too harsh and harassing couples and of being too lenient in deciding what is a genuine relationship, although there is an exception to this rule in cases of abuse, the policy has been accused of being too weak. Canadian Immigration U. S. Castro Santana, A, sham Marriages and Proper Plots, Henry Fieldings Shamela and Joseph Andrews
11.
Divorce
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Divorce should not be confused with annulment, which declares the marriage null and void, with legal separation or de jure separation or with de facto separation. Reasons for divorce vary, from sexual incompatibility or lack of independence for one or both spouses to a personality clash, the only countries that do not allow divorce are the Philippines, the Vatican City and the British Crown Dependency of Sark. The Vatican City is a state, which has no procedure for divorce. Countries that have relatively recently legalized divorce are Italy, Portugal, Brazil, Spain, Argentina, Paraguay, Colombia, Andorra, Ireland, Chile, grounds for divorce vary widely from country to country. Marriage may be seen as a contract, a status, or a combination of these, where it is seen as a contract, the refusal or inability of one spouse to perform the obligations stipulated in the contract may constitute a ground for divorce for the other spouse. In contrast, in countries, divorce is purely no fault. Many jurisdictions offer both the option of a no fault divorce as well as an at fault divorce and this is the case, for example, in many US states. Though divorce laws vary between jurisdictions, there are two approaches to divorce, fault based and no-fault based. In some jurisdictions one spouse may be forced to pay the fees of another spouse. Laws vary as to the period before a divorce is effective. However, issues of division of property are determined by the law of the jurisdiction in which the property is located. In Europe, divorce laws differ from country to country, reflecting differing legal and cultural traditions, in some countries, particularly in some former communist countries, divorce can be obtained only on one single general ground of irretrievable breakdown of the marriage. Yet, what such a breakdown of the marriage is interpreted very differently from jurisdiction to jurisdiction. Separation constitutes a ground of divorce in some European countries. g. in the laws of Latvia. Divorce laws are not static, they often change reflecting evolving social norms of societies, some countries have completely overhauled their divorce laws, such as Spain in 2005, and Portugal in 2008. A new divorce law also came into force in September 2007 in Belgium, bulgaria also modified its divorce regulations in 2009. e. The negotiations with the participation of an advocate or agreement made before the registrar of Public Registry Office, Austria, instead, is a European country where the divorce law still remains conservative. The liberalization of laws is not without opposition, particularly in the United States
12.
Adultery
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Adultery is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. A single act of intercourse is generally sufficient to constitute adultery. Historically, many cultures have considered adultery to be a serious crime. Adultery often incurred severe punishment, usually for the woman and sometimes for the man, with penalties including capital punishment, mutilation, such punishments have gradually fallen into disfavor, especially in Western countries from the 19th century. In most Western countries, adultery itself is no longer a criminal offense, Adultery is not a ground for divorce in jurisdictions which have adopted a no-fault divorce model. In some societies and among certain religious adherents, adultery may affect the status of those involved. In countries where adultery is an offense, punishments range from fines to caning. A joint statement by the United Nations Working Group on discrimination against women in law and in states that. In Muslim countries that follow Sharia law for justice, the punishment for adultery may be stoning. There are fifteen countries in which stoning is authorized as lawful punishment, though in recent times it has been carried out only in Iran. In some jurisdictions, having sexual relations with the wife or the wife of his eldest son constitutes treason. The term adultery refers to acts between a married person and someone who is not that persons spouse. It may arise in criminal law or in family law, for instance, in the United Kingdom, adultery is not a criminal offense, but is a ground for divorce, with the legal definition of adultery being physical contact with an alien and unlawful organ. Extramarital sexual acts not fitting this definition are not adultery though they may constitute unreasonable behavior, the application of the term to the act appears to arise from the idea that criminal intercourse with a married woman. Tended to adulterate the issue of an innocent husband, and to expose him to support and provide for another mans. Thus, the purity of the children of a marriage is corrupted, the term adultery, rather than extramarital sex, implies a moral condemnation of the act, as such it is usually not a neutral term because it carries an implied judgment that the act is wrong. In the traditional English common law, adultery was a felony, although the legal definition of adultery differs in nearly every legal system, the common theme is sexual relations outside of marriage, in one form or another. Traditionally, many cultures, particularly Latin American ones, had double standards regarding male and female adultery
13.
Legitimacy (family law)
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Legitimacy, in traditional Western common law, is the status of a child born to parents who are legally married to each other, and of a child conceived before the parents obtain a legal divorce. Conversely, illegitimacy is the status of a child born outside marriage, depending on the cultural context, legitimacy can affect a childs rights of inheritance to the putative fathers estate and the childs right to bear the fathers surname or title. Illegitimacy has also had consequences for the mothers and childs right to support from the putative father, in medieval Wales, a bastard was defined simply as a child not acknowledged by its father. All children, whether born in or out of wedlock, that were acknowledged by the father enjoyed the legal rights. Englands Statute of Merton stated, regarding illegitimacy, He is a bastard that is born before the marriage of his parents and this definition also applied to situations when a childs parents could not marry, as when one or both were already married or when the relationship was incestuous. The Poor Law of 1576 formed the basis of English bastardy law and its purpose was to punish a bastard childs mother and putative father, and to relieve the parish from the cost of supporting mother and child. By an act of 1576, it was ordered that bastards should be supported by their putative fathers, if the genitor could be found, then he was put under very great pressure to accept responsibility and to maintain the child. Under English law, a bastard was unable to be an heir to real property, in contrast to the situation under civil law, a younger non-bastard brother would have no claim to the land. The Legitimacy Act 1926 of England and Wales legitimized the birth of a if the parents subsequently married each other. The Legitimacy Act 1959 extended the legitimization even if the parents had married others in the meantime, neither the 1926 nor 1959 Acts changed the laws of succession to the British throne and succession to peerage titles. The Family Law Reform Act 1969 allowed a bastard to inherit on the intestacy of his parents, in canon and in civil law, the offspring of putative marriages have also been considered legitimate. Since 2003 in England and Wales,2002 in Northern Ireland and 2006 in Scotland, still, children born out of wedlock may not be eligible for certain federal benefits unless the child has been legitimized in the appropriate jurisdiction. Many other countries have abolished by any legal disabilities of a child born out of wedlock. In France, legal reforms regarding illegitimacy began in the 1970s, the European Convention on the Legal Status of Children Born out of Wedlock came into force in 1978. Countries which ratify it must ensure that children born outside marriage are provided with legal rights as stipulated in the text of this Convention, the Convention was ratified by the UK in 1981 and by Ireland in 1988. Use of the illegitimate child is now rare, even in legal contexts. It has been stricken from passports and legal documents as needlessly insulting and stigmatizing to the child, terms such as extra-marital child, love child and child born out of wedlock are more commonly used. Also used in Britain and other English-speaking countries is bastard, though such as natural child are preferred in polite society
14.
Adoption
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Modern systems of adoption, arising in the 20th century, tend to be governed by comprehensive statutes and regulations. Adoption for the well-born While the modern form of adoption emerged in the United States, the Code of Hammurabi, for example, details the rights of adopters and the responsibilities of adopted individuals at length. The practice of adoption in ancient Rome is well documented in the Codex Justinianus, the use of adoption by the aristocracy is well documented, many of Romes emperors were adopted sons. Infant adoption during Antiquity appears rare, abandoned children were often picked up for slavery and composed a significant percentage of the Empires slave supply. Roman legal records indicate that foundlings were occasionally taken in by families, although not normally adopted under Roman Law, the children, called alumni, were reared in an arrangement similar to guardianship, being considered the property of the father who abandoned them. Other ancient civilizations, notably India and China, used some form of adoption as well, evidence suggests the goal of this practice was to ensure the continuity of cultural and religious practices, in contrast to the Western idea of extending family lines. China had a idea of adoption with males adopted solely to perform the duties of ancestor worship. The practice of adopting the children of members and close friends was common among the cultures of Polynesia including Hawaii where the custom was referred to as hānai. Adoption and commoners The nobility of the Germanic, Celtic, in medieval society, bloodlines were paramount, a ruling dynasty lacking a natural-born heir apparent was replaced, a stark contrast to Roman traditions. The evolution of European law reflects this aversion to adoption, english Common Law, for instance, did not permit adoption since it contradicted the customary rules of inheritance. Some adoptions continued to occur, however, but became informal, for example, in the year 737, in a charter from the town of Lucca, three adoptees were made heirs to an estate. Europes cultural makeover marked a period of significant innovation for adoption, without support from the nobility, the practice gradually shifted toward abandoned children. Abandonment levels rose with the fall of the empire and many of the foundlings were left on the doorstep of the Church, initially, the clergy reacted by drafting rules to govern the exposing, selling, and rearing of abandoned children. The Churchs innovation, however, was the practice of oblation, whereby children were dedicated to lay life within monastic institutions and this created the first system in European history in which abandoned children did not have legal, social, or moral disadvantages. As a result, many of Europes abandoned and orphaned children became alumni of the Church, oblation marks the beginning of a shift toward institutionalization, eventually bringing about the establishment of the foundling hospital and orphanage. This system of apprenticeship and informal adoption extended into the 19th century, despite its intent, though, in practice, the system operated much the same as earlier incarnations. The experience of the Boston Female Asylum is a good example, adopting to create a family The next stage of adoptions evolution fell to the emerging nation of the United States. Rapid immigration and the American Civil War resulted in unprecedented overcrowding of orphanages, Charles Loring Brace, a Protestant minister became appalled by the legions of homeless waifs roaming the streets of New York City
15.
Convention on the Rights of the Child
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The United Nations Convention on the Rights of the Child is a human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The Convention defines a child as any human being under the age of eighteen, Nations that ratify this convention are bound to it by international law. Compliance is monitored by the UN Committee on the Rights of the Child and their reports and the committees written views and concerns are available on the committees website. The UN General Assembly adopted the Convention and opened it for signature on 20 November 1989 and it came into force on 2 September 1990, after it was ratified by the required number of nations. Currently,196 countries are party to it, including member of the United Nations except the United States. Two optional protocols were adopted on 25 May 2000, the First Optional Protocol restricts the involvement of children in military conflicts, and the Second Optional Protocol prohibits the sale of children, child prostitution and child pornography. Both protocols have been ratified by more than 160 states, a third optional protocol relating to communication of complaints was adopted in December 2011 and opened for signature on 28 February 2012. It came into effect on 14 April 2014, the Convention deals with the child-specific needs and rights. It requires that the nations that ratify this convention are bound to it by international law, ratifying states must act in the best interests of the child. The Convention obliges states to allow parents to exercise their parental responsibilities, the Convention forbids capital punishment for children. The European Court of Human Rights has referred to the Convention when interpreting the European Convention on Human Rights, global human rights standards were challenged at the World Conference on Human Rights in Vienna when a number of governments raised serious objections to the idea of universal human rights. Some scholars link slavery and slavery-like practices for many child marriages, Child marriage as slavery is not directly addressed by the Convention on the Rights of the Child. Currently 196 countries are parties to the treaty and this includes every member of the United Nations, plus the Cook Islands, Niue, the State of Palestine, and the Holy See. The United States has not ratified it, somalias domestic ratification finished in January 2015 and the instrument was deposited with the United Nations in October 2015. All successor states of Czechoslovakia and Yugoslavia made declarations of succession to the treaty, the convention does not apply in the territories of Akrotiri and Dhekelia, Gibraltar, Guernsey and Tokelau. Canada became a signatory to the Convention on 28 May 1990, Youth criminal laws in Canada underwent major changes resulting in the Youth Criminal Justice Act which went into effect on 1 April 2003. The Act specifically references Canadas different commitments under the Convention, the convention was influential in the administrative Law decision of Baker v Canada. India ratified UNCRC on 11 December 1992, agreeing in principles all articles except with certain reservations on issues relating to child labor
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Children's rights
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Childrens rights are the human rights of children with particular attention to the rights of special protection and care afforded to minors. The Convention on the Rights of the Child of 1989 defines a child as any person who has not reached the age of eighteen years. Other definitions include the rights to care and nurturing, a child is any human being below the age of eighteen years, unless under the law applicable to the child, majority is attained earlier. The field of childrens rights spans the fields of law, politics, religion, is a mass of human rights law, both treaty and soft law, both general and child-specific, which recognises the distinct status and particular requirements of children. As minors by law children do not have autonomy or the right to decisions on their own for themselves in any known jurisdiction of the world. Instead their adult caregivers, including parents, social workers, teachers, youth workers, some believe that this state of affairs gives children insufficient control over their own lives and causes them to be vulnerable. Louis Althusser has gone so far as to describe this legal machinery, as it applies to children, on this view, children are to be regarded as a minority group towards whom society needs to reconsider the way it behaves. Researchers have identified children as needing to be recognized as participants in society whose rights, sir William Blackstone recognized three parental duties to the child, maintenance, protection, and education. In modern language, the child has a right to receive these from the parent, consensus on defining childrens rights has become clearer in the last fifty years. A1973 publication by Hillary Clinton stated that childrens rights were a slogan in need of a definition, children’s rights law is defined as the point where the law intersects with a childs life. Children have two types of rights under international human rights law. General rights operative in childhood include the right to security of the person, to freedom from inhuman, cruel, or degrading treatment, Childrens rights are defined in numerous ways, including a wide spectrum of civil, political, economic, social and cultural rights. These have been labeled as the right of empowerment and as the right to protection, United Nations educational guides for children classify the rights outlined in the Convention on the Rights of the Child as the 3 Ps, Provision, Protection, and Participation. They may be elaborated as follows, Provision, Children have the right to a standard of living, health care, education and services. These include a diet, a warm bed to sleep in. Protection, Children have the right to protection from abuse, neglect and this includes the right to safe places for children to play, constructive child rearing behavior, and acknowledgment of the evolving capacities of children. Participation, Children have the right to participate in communities and have programs and this includes childrens involvement in libraries and community programs, youth voice activities, and involving children as decision-makers. Human Rights Watch, an advocacy organization, includes child labor, juvenile justice, orphans and abandoned children, refugees, street children
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Emancipation of minors
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In some cases, emancipation can be granted without due court process when the minor is bound to make a decision alone in the absence of the parents, who might be dead or have abandoned the minor. Parents have a number of legal and equitable duties while bringing up their biological child, children have expectations from parents but legally they owe nothing to their parents. Although rules vary in different households, legally the child does not have to comply, minors are under the control of their parents or legal guardians, until they attain the age of majority, at which point they become legal adults. In most states this is upon turning 18 years of age, however, in special circumstances, minors can be freed from control by their guardian before turning 18. The exact laws and protocols for obtaining emancipation vary from state to state, in most states, minors must file a petition with the family court in the applicable jurisdiction, formally requesting emancipation and citing reasons it is in their best interest to be emancipated. These minors must prove financial self-sufficiency, in some states, free legal aid is available to minors seeking emancipation, through children law centers. This can be a resource for minors trying to create a convincing emancipation petition. Students are able to stay with a guardian if necessary, Emancipation is not easily granted because of the subjectivity and narrowness of the definition of best interest. Some are minors have been victims of abuse, in most cases, the states department of child services will be notified and the child placed in foster care. Others are minors who are seeking emancipation for reasons such as being dissatisfied with their parents or guardians rules, where a statute of limitations for bringing a legal action is tolled while a person is a minor, emancipation will usually end that tolling. In this context, the fallibility argument is applied to making assumptions about the people in their custody. Age of consent Mature minor doctrine Age of majority Marriageable age Youth rights Disownment Child abuse Emancipation laws in the United States
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Foster care
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Foster care is a system in which a minor has been placed into a ward, group home, or private home of a state-certified caregiver, referred to as a foster parent. The placement of the child is normally arranged through the government or a service agency. The institution, group home or foster parent is compensated for expenses, the vast majority of children who would otherwise need foster care are in kinship care, that is, in the care of grandparents or other relatives. Most kinship care is done informally, without the involvement of a court or public organization, however, in the U. S. formal kinship care is increasingly common. In 2012, a quarter of all children in foster care were placed with relatives. In Australia foster care was known as boarding-out, Foster care had its early stages in South Australia in 1866 and stretched to the second half of the 19th century. It is said that the system was run by women until the early 20th century. Then the control was centered in many state childrens departments, although boarding-out was also implemented by nongovernment child rescue organizations, many large institutions remained. These institutions assumed an importance from the late 1920s when the system went into decline. The system was re-energized in the era, and in the 1970s. The system is still the structure for out-of-home care. The system took care of local and foreign children. New baby adoption dropped dramatically from the mid-1970s, with the tolerance of. Foster care in Cambodia is relatively new as a practice within the government. However, despite a later start, the practice is currently making strides within the country. Most notably, the found that the percentage of children within orphanages that had parents approached 80%. At the same time, local NGOs like Children In Families began offering limited foster care services within the country and these actions lead to an increase in the number of NGOs providing foster care placements, and helped to set the course for care reform around the country. Foster children in Canada are known as permanent wards, a ward is someone, in this case a child, placed under protection of a legal guardian and are the legal responsibility of the government
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Hague Adoption Convention
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The Convention was developed by the Hague Conference on Private International Law, the preeminent organization in the area of private international law. It was concluded on 29 May 1993 and entered force on 1 May 1995. As of July 2016, the Convention has been ratified by 96 states, south Korea, Nepal, and Russia are signatories, but have not ratified it. Many countries which have not ratified the Convention do not permit foreign adoptions of their children nor adoptions of foreign children, countries that have ratified the Hague Adoption Convention, agree to meet several requirements. Article III of the outlines the responsibilities that the entire process must be authorized by central adoption authorities designated by the contracting states. If fully implemented at the level, the Convention offers a protective framework against the potential risks of private adoption. To comply with standards, many changes have been introduced in national legislation enacting laws to criminalize the act of obtaining improper gains from intercountry adoptions. However, instances of trafficking in and sale of children for the purpose of adoption continue to place in many parts of the world
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International child abduction
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The term international child abduction is generally synonymous with international parental kidnapping, child snatching, and child stealing. In this context, illegal is normally taken to mean in breach of custodial rights, there is a common misconception that because the abductor in these cases is usually not a stranger the children are not in danger. The harmful consequences for children and families have been shown in studies and child abduction has been characterized as a form of parental alienation. Adding international dimensions to the effects of child abduction significantly increases the detrimental effects on children. The modern day ease of travel and corollary increase in international marriages is leading to a rapid rise in the number of international child abductions. International child abduction occurs when one parent unlawfully takes a child in a country other than the one the child has his/her habitual residence. If that country is a party to the Hague Convention on the Civil Aspects of International Child Abduction, then the child will usually be returned to the country of origin. International child abduction occurs when one parent takes a child before child custody ends at age 18, to a foreign country, if that parent refuses to bring the child under the age of 16 back to the United States, it’s considered a federal crime in the United States. It does not matter if the child does not want to return to the United States, according to law, the left behind parent is legally the only victim if the child is not returned before child custody ends at age 18. This is because child custody does not have anything to do with children’s rights or welfare only parental rights. Both in common law and in law, a rebuttable presumption is an assumption made by a court, one that is taken to be true unless someone comes forward to contest it. For example, a defendant in a case is presumed innocent until proved guilty. According to law, in an International child abduction the left behind parent is legally the only victim and this is because child custody does not have anything to do with children’s rights or welfare only parental rights. This only applies to children before they turn 18 years old and this does not apply to children after they turn 18 and are legal an adult, then a custody order does not apply and they can decide where to live. This is because children are considered chattel of the parents from birth until child custody ends at age 18, none of these names achieved the modern day broad acceptance of terms like international child abduction. The response to these concerns was the coining of the international child abduction. The terms first prominent use was in the title of the 1980 Hague Convention on the Civil Aspects of International Child Abduction, the use of the term is now widespread in international law. In all family law disputes a determination must be made as to which legal systems and this question becomes much more complicated when aspects, or parties, of the case occur in, or hail from, multiple legal jurisdictions
