O direito na era das novas tecnologias reprodutivas: modelo jurídico hegemônico e heterogeneidade na parentalidade

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

Facets of Gender : Analyses of the Family and the Labour Market

This thesis contains four different studies on the dynamics of gender in households and workplaces. The relationship between family life and work life is in focus, particularly in the paper on labour market outcomes after divorce. In the introductory chapter, the Swedish context is briefly described. The description focuses on gender differences in the labour market and in the home. Theories concerning the division of work in the household are discussed, as are two theories on labour market discrimination, viz. taste discrimination and statistical discrimination. The theory part is concluded with a discussion of social closure processes and gendered organizational structures. The Reproduction of Gender. Housework and Attitudes Towards Gender Equality in the Home Among Swedish Boys and Girls. The housework boys and girls age 10 to 18 do, and their attitudes towards gender equality in the home are studied. One aim is to see whether the work children do is gendered and if so, whether they follow their parents’, often gendered, pattern in housework. A second aim is to see whether parents’ division of work is related to the children’s attitude towards gender equality in the home. The data used are taken from the Swedish Child Level of Living Survey (Child-LNU) 2000. Results indicate that girls and boys in two-parent families are more prone to engage in gender-atypical work the more their parent of the same sex engages in this kind of work. The fact that girls still do more housework than boys indicates that housework is gendered work also among children. No relation between parents’ division of work and the child’s attitude towards gender equality in the home was found. Dependence within Families and the Household Division of Labor – A Comparison between Sweden and the United States. This paper assesses the relative explanatory value of the resource-bargaining perspective and the doing-gender approach in analysing the division of housework in the United States and Sweden from the mid-1970s to 2000. Data from the Swedish Level of Living Survey (LNU) and the Panel Study of Income Dynamics (PSID) were used. Overall results indicate that housework is truly gendered work in both countries during the entire period. Even so, the results also indicate that gender deviance neutralization is more pronounced in the United States than in Sweden. Unlike Swedish women, American women seem to increase their time spent in housework when their husbands are to some extent economically dependent on them, as if to neutralize the presumed gender deviance. Divorce and Labour Market Outcomes. Do Women Suffer or Gain? In this paper, the interconnected nature of work and family is studied by looking at labour market outcomes after divorce. The data used are retrospective work and family histories collected in LNU 1991. A hazard regression model with competing risks reveals that women’s chances of improving their occupational prestige appear to be better after divorce compared to before. Increased working hours and perhaps also increased energy invested in the job may pay off in better occupational opportunities. Worth noting, however, is that the outcome among women with a less firm labour market attachment is more often to a job of lower prestige than one of higher prestige. Hence, the labour market outcome for women after divorce is to some extent conditioned by their labour market attachment at the time of divorce. Men, on the other hand, in most cases seem to suffer occupationally from divorce. For separated men the risk of negative changes in occupational prestige is greater than for cohabiting men. Formal On-the-job Training. A Gender-Typed Experience and Wage- Related Advantage? Formal on-the-job training (FOJT) can have a positive impact on wages and on promotion opportunities. According to theory and earlier research, a two-step model of gender inequality in FOJT is predicted: First, women are less likely than men to take part in FOJT and, second, once women do get the more remunerative training, they are not rewarded for their new skills to the same extent as men are. Pooled cross-sectional data from the Swedish Survey of Living Conditions (ULF) in the mid-nineties were used. Results show that women are significantly less likely than men to take part in FOJT. Among those who do receive training, women are more likely to take part in industry-specific training, whereas men are more likely to participate in general training and training that increases promotion opportunities. The two latter forms of training significantly raise a man’s annual earnings but not a woman’s. Hence, the theoretical model is supported and it is argued that this gender inequality is partly due to employers’ discriminatory practices.

Ehescheidung als sozialer Prozess

Plädoyer für eine Prozeßperspektive, die Ehescheidung als zeitlich ausgedehnten Prozess begreift, der durch kritische Punkte strukturiert ist und an dem unterschiedliche Akteure beteiligt sind. In kritischer Auseinandersetzung mit der in der Forschung dominierenden Sicht von "Ehescheidung als Problem" werden psychologische Phasenmodelle, Konzepte des Rollenübergangs und der familialen Krise vorgestellt. Dieser Ansatz rückt Ehescheidung als Geschehen in den Mittelpunkt, in dem handelnde Individuen zur Vielgestaltigkeit und Dynamik beitragen. Die Arbeit führt durch ihren hohen Informationsgehalt zudem in relevante Themenbereiche und Ansätze der Scheidungsforschung ein.

I controlli sulla tutela interinale della crisi della famiglia

La tesi affronta il tema dei controlli avverso i provvedimenti nell’interesse della prole e dei coniugi resi nell’ambito dei procedimenti di separazione e di divorzio, dapprima fornendo un inquadramento storico della problematica, attraverso la disamina delle posizioni dottrinali e giurisprudenziali formatesi con riferimento alla natura ed al regime impugnatorio di tali provvedimenti dall’entrata in vigore del codice di rito del 1865 ad oggi, dopodiché analizzando le numerose questioni interpretative cui l’attuale quadro normativo, risultante dalla stratificazione legislativa operata dalla L. 14 maggio 2005, n. 80 e dalla L. 8 febbraio 2006, n. 54, dà origine. In particolare la tesi, dopo aver delineato la struttura del reclamo di cui all’art. 708 c.p.c., cercando di fornire una soluzione ai dubbi che la scarna disciplina contenuta nella menzionata norma solleva, si occupa dei rapporti tra gli istituti del reclamo alla Corte d’appello e della revoca e modifica ad opera del giudice istruttore, riepilogando le varie teorie elaborate dalla dottrina e dalla giurisprudenza sul tema e cercando di individuare quale sia l’ambito di applicazione di ciascuno strumento di controllo. La tesi affronta poi, a fronte della mancata previsione di una forma di riesame avanti ad un organo superiore avverso i provvedimenti resi dal giudice istruttore ai sensi dell’art. 709, ultimo comma, c.p.c., la questione della reclamabilità di tali provvedimenti, cercando di individuare quale sia lo strumento più idoneo cui fare ricorso per colmare la lacuna che si dovesse ritenere esistente nel dato normativo. Il lavoro si conclude con la disamina, in una prospettiva de iure condendo, dei progetti di riforma che sono stati elaborati con riferimento al tema dei controlli avverso i provvedimenti temporanei e urgenti.

Edizione commentata della Cronaca di Venezia di Giovanni Tiepolo (XVI-XVII sec.)

Il seguente studio propone l'esame di una cronaca veneziana del XVI secolo, inedita, dalle origini al 1538/39, che parte della tradizione manoscritta attribuisce al Patriarca di Venezia Giovanni Tiepolo (1619-1631), parte ad Agostino degli Agostini, (1530-1574), un patrizio veneziano il cui nome è legato essenzialmente ad una cronaca dal 421 al 1570. Indipendentemente da chi sia il primitivo autore, la cronaca, di discreto pregio per la storia interna e il funzionamento delle istituzioni veneziane, presenta elementi di spiccata originalità dal punto di vista compositivo e formale che la pongono in una prospettiva storiografica alternativa al dualismo tra la storiografia ufficiale promossa per pubblico decreto e l'iniziativa privata dei diaria del XV-XVI. La cronaca veneziana, abbandonata per formule più sofisticate e innovative di diffusione dell'informazione pubblica, sopravvive, formalmente immutata nella sua arcaicità, rinnovandosi nella tendenza a creare compendi ricchi di documenti e di elenchi, destinati ad aiutare la nobiltà ad orientarsi nel mondo socio-politico contemporaneo. Si consuma così il divorzio fra l'informazione tecnico-politica utile al patriziato nello svolgimento del suo lavoro e la storiografia pubblica che, di fronte alle varie esigenze e ai diversi generi letterari, sceglie ideologicamente di abbracciare il genere delle laus civitatis e della storiografia laudativa ed encomiastica. In questo contesto si inserisce la Cronaca esemplata dal Patriarca Giovanni Tiepolo, chiaro esempio di un tentativo di razionalizzazione dell'informazione in cui le notizie e gli elementi non ritenuti immediatamente utili come le lunghe liste dei 41 elettori, le promissioni ducali, nonchè singoli episodi ed eventi trattati, trovano una collocazione esterna alla cronaca, in quello che Reines definisce l'ormai nascente archivio politico del XVI secolo.

Family Anomie and Juvenile Deliquency in Post-Communist Romania

The sensitivity of crime rates to social, economic and political influences has long aroused the interest of sociologists who have attempted to explain what kind of relationships might be associated with variations in crime rates between different social groups at different times. The earliest views were put forward by Emil Durkheim, and while later writers have developed (R.K. Merton, L. Srole, A, K. Cohen, etc.) have developed some aspects of his ideas further, his basic ideas of the divorce of the individual from normative standards and the lack of social integration are still valid. Ms. Voicu-Minea looked at the theoretical background in detail but then limited it to a specific social group, the family, asking first why certain individual within vulnerable families and/or negative social influences commit offences while others do not. In modern times the family has undergone massive structural and functional changes. Its former economic function, which once endowed it with a great capacity for social inclusion, has generally vanished, while its formerly crucial role in children's education has been massively reduced. These changes, which are still not complete, can lead to dysfunction and in certain social contexts such as that in post-communist Romanian society, this risk of dysfunction is still greater as unfavourably social circumstances more easily affect such families. The number of cases of juvenile delinquency in Romania has increased sharply ever since the end of the communist system and in 1996 reached the level of 18,317 cases. The sample examined included 1012 juvenile delinquents aged between 14 and 18, taken from all areas of Bucharest. Over 80% of charges related to theft, with more serious offences being relatively rare. The children underwent a series of psychological tests, accompanied by a questionnaire relating to family situation. The results showed that juvenile delinquency in Romania is overwhelmingly male, with 91.8% of offences being committed by boys. Two thirds of the research group were under the age of 16 and only just over one third attended school, with over half having left school before the legal age. While the majority of subjects had a lower than average level of education, they did not always recognise this, with two thirds seeing their level of education as being as good as or better than average. Nearly half the children (43%) did not live with both natural parents and majority came from families with three or more children. This applied both to their original families and to the families in which they were living at the time of the survey. The overwhelming majority of families were living in or around Bucharest, but under one third originated from there. Almost 25% of parents were under-schooled and around one third were unqualified workers. At least 30% of families lived in inadequate accommodation and family incomes were generally low. Ms. Voicu-Minea does however point out that over half the minors from the sample saw their family income as satisfactory or even more than satisfactory. When factors such as bad relationships between parents, corporal punishment, alcohol consumption and criminal records of family members were taken into account, the picture was bleak, making it understandable why over 36% of subjects had run away from home at least once, and in many cases repeatedly and for longer periods. The overwhelming majority of offences (80.8%) were committed in groups of between 2 and 11 persons, usually "friends" but in about 10% of cases member's of the family. IQ tests put about 75% of the sample at slightly under average, the difference being too slight to account for the behaviour problems of the majority. Personality tests, however, showed a different picture. Over 70% of those tested manifested an acute need of tenderness and a similar number a high level of potential aggressiveness. Almost half of the minors expressed such feelings as intolerance or a desire for revenge, and Ms. Voicu-Minea found a clear weakness of the Self. Around half the sample expressed sentiments of abandonment, renunciation and solitude.

Isolated extraordinary daytime urinary frequency of childhood: a case series of 26 children in Switzerland

BACKGROUND: The term 'isolated extraordinary daytime urinary frequency' designates an abnormally increased diurnal frequency of painless urination in a completely toilet-trained child with normal urinalysis. METHODS: We report the history of 26 children (16 boys and 10 girls; aged between 4.1 and 10 years) who were referred to us between 2002 and 2006 and subsequently diagnosed with this condition. RESULTS: Possible psychosocial problems, or recent emotional stressors, were disclosed in the majority of the children: recent (36 months or less) asylum seekers (n = 9), school-related problems (n = 4), parental divorce (n = 2) or death of the mother (n = 1). Possible dietary causes were observed in 9 patients: oxalate-rich beverages (n = 5) and liberal ingestion of 'acidic' juices (n = 4). A diet low in oxalates was recommended when children were consuming large quantities of oxalate-rich beverages; and a diet low in acidic juice was recommended in those liberally ingesting acidic juices. Reassurance and observation were the approach in the remaining cases. The median duration of the symptoms was 5 months. A longer (p < 0.05) duration was noted in children of asylum seekers. CONCLUSIONS: This functional condition is easily identifiable, but often under- or misdiagnosed. Confounding the condition might result in redundant investigation.

Vulnerability Following a Critical Life Event: Temporary Crisis or Chronic Distress? A Psychological Controversy, Methodological Considerations, and Empirical Evidence

This contribution deals with psychological vulnerability resulting from marital breakup after a long-term relationship. Despite the existing vast body of consolidated knowledge on divorce and psychological adaptation, there are still several controversies concerning the vulnerabilizing impact of marital breakup. One major issue refers to the question of whether vulnerability after marital breakup is a temporary crisis or rather a chronic strain. In this chapter we want to present two possible methodological options to tackle this question: First, comparing a sample of almost 1000 middle-aged persons, who were married on average 19 years, and who experienced a marital split within the last 5 years (4 time groups), with a group of age-matched married controls with regard to various indicators of psychological vulnerability (such as depression and hopelessness). Second, comparing within the divorced group the most vulnerable individuals (in terms of depression, hopelessness, life satisfaction) with those who were the least affected, regarding intra-personal resources (personality, resilience), divorce circumstances, post-divorce situation, and socio-economic resources. The study results underline the vulnerabilizing impact of marital breakup, but at the same time they reveal individual differences in psychological adaptation especially due to personality, new partnership, economic resources, and last but not least due to time. Furthermore our data strongly suggest that there is not a generalized psychological vulnerability after marital breakup, but that the emotional dimensions such as depression or feelings of not overcoming the loss are more affected than the more cognitive ones such as life satisfaction.

Späte Scheidungen: Fakten, Gründe und Auswirkungen. Ein interdisziplinärer Blick auf Ergebnisse einer Schweizer Studie

Scheidungen im Alter sind eine zunehmende gesellschaftliche Realität, allerdings wurde dieses Phänomen bislang kaum wissenschaftlich untersucht. In diesem Beitrag werden neueste Forschungsergebnisse einer Schweizer Studie vorgestellt, welche zeigen, dass späte Scheidungen ein einschneidendes kritisches Lebensereignis mit multiplen Gründen und mannigfachen negativen Auswirkungen auf persönlicher, familialer und sozialer Ebene ist. Allerdings gibt es grosse individuelle Unterschiede, insbesondere Geschlechterunterschiede, hinsichtlich der Gründe und auch bezüglich der psychosozialen Adaptation. Das Ausleuchten der Forschungsresultate trägt nicht nur zu einem besseren Verständnis des Phänomens bei, sondern liefert auch Grundlagen für die familienrechtliche Praxis.

Vulnerability and Growth. Developmental dynamics and differential effects of the loss of an intimate partner in the second half of life. IP 12: Study outline and first results

This working report gives an overview of the Individual Project 12 “Vulnerability and growth. Developmental dynamics and differential effects of the loss of an intimate partner in the second half of life” of the Swiss National Centre of Competence in Research LIVES led by Pasqualina Perrig-Chiello, University of Bern. This longitudinal and interdisciplinary project aims at examining vulnerability and personal growth after a critical life event, namely the break-up of a long-term intimate relationship in the second half of life, be it due to divorce or due to bereavement. In this report we present details about the rationale, the main research questions, the hypotheses and the methods of the study. Special attention is given to the methodological approach. The authors give a first sample description and report on the validity of the data by comparing the sample with Swiss Labour Force Survey and Swiss Health Survey data.

Time Heals Some Wounds: Psychological Adjustment To Marital Breakup

Marital breakup is among the most incisive stressors in adult life. While the negative effects of divorce on well-being are well documented in research literature, the large interindividual differences in psychological adaptation to this critical life event over time are still not well understood. Particularly the question, whether marital breakup represents a temporary crisis or rather a chronic strain is still controversially discussed. Against this empirical and theoretical background the aim of this study is to investigate the psychological adaptation (depression, perceived stress and life satisfaction) to marital breakup in a sample of 289 middle aged persons (M = 50.2 years) who were partnered at least 10 years (M = 23. 5 years). We compared two groups: one with a separation within the last 12 months (58 women, 25 men), another with a separation within the last 2-5 years (97 women, 38 men). A group of 441 age-matched married people served as control group. Findings from group comparison reveal that time passed since separation is indeed associated with better psychological adaptation (lower depression and perceived stress rates). Results from regression analyses show that differences in psychological adaptation are a function of neuroticism, resilience, new partnership and time passed since separation. These results provide support for the crisis approach and offer important insights into the process of adaptation to marital breakup, which in can be used for counselling.

Psychological adaptation to marital breakup in middle-aged persons: the role of gender and time

Marital breakup is among the most incisive stressors in adult life. While the negative effects of divorce on well-being are well documented in research literature, the large interindividual differences in psychological adaptation to marital dissolution are still not well understood. One major controversially discussed question is, whether marital dissolution represents a temporary crisis or rather a chronic strain. But also with regard of the role of gender results are mixed. The aim of the present study is to investigate the psychological adaptation (depression, perceived stress and life satisfaction) to marital breakup in a sample of 980 middle-aged persons (M = 51.8 years) who were partnered on average 19.4 years. We compared four time groups: one with a separation within the last 12 months (84 women, 36 men), another within the last 13-24 months (75 women, 19 men), a third within 25-60 months (121 women, 49 men), and one with a separation more than 60 months ago (189 women, 144 men). A group of 348 age-matched married people served as control group (189 women, 159 men). Findings from ANOVA with the outcome depression as well as with the outcome perceived stress yielded a significant main effect for both factors (gender and time). The group who had experienced a separation within the last 12 months differed significantly from all other groups (higher depression score and higher perceived stress). No significant main effect for the factor time was found for the outcome life satisfaction. Regarding gender differences, females from all time groups displayed higher depression scores and higher perceived stress but lower life satisfaction than males. These results give important insights into the process of adaptation to marital breakup, which can be used for counselling.

Marital split-up and widowhood in old age: Differential impact on psychological and social well-being

Marital split-up and spousal loss are among the most stressful critical life events. Numerous studies have documented their detrimental effects on well-being, yet the large individual differences in psychological adaptation are still not well understood. Whereas in old age bereavement is normative and can be anticipated, divorce is an “off-time” transition for this age group. In contrast to bereavement which has been amply studied, research on later life divorce is still missing despite the increasing relevance of the topic due to the significant increase of divorces in older age. Based on a modified and extended view of Amato’s divorce-stress-adjustment model (2000), the aim of this contribution is to explore the differential impact of marital split-up and widowhood in older age on psychological (life satisfaction) and social well-being (social loneliness), and the adaptation to these critical life events. Our analyses are based on data gathered in a questionnaire study, which is part of the Swiss National Centre of Competence in Research LIVES. In a first step we compared three groups of individuals aged 60 to 75 years: a sample of 251 persons with a marital split-up (127 women; 123 men), a sample of 270 widowed persons (170 women; 100 men), and a group of 221 continuously married people (110 women; 111 men), which served as control group. In a second step, we investigated the role of socio-demographic variables, intrapersonal and interpersonal resources and variables of the context of loss as predictors for the psychological adaptation to a marital break-up and loss in old age. First results by ANCOVA indicate significant differences with regard to life satisfaction among the three groups, with divorced persons with the lowest scores, followed by the bereaved ones, and the married controls with the highest. Regarding social loneliness, divorced individuals report higher social loneliness than the bereaved group and the married controls (no significant difference between widowed and the married). In both loss groups, financial and intrapersonal resources, as well as the emotional valence of the loss are the most important predictors for the psychological and social adaptation. However, happiness in the past relationship is an important resource regarding the indicators for adaptation for the widowers, but not for individuals with a marital dissolution.

Une personne de confiance pour vivre mieux

Les relations sociales font partie des déterminants clés du bien-être et de la santé de chacune et de chacun, indépendamment de l’âge, du genre ou de la culture. Il est démontré que les personnes qui disposent d’un réseau social solide et vivent dans le cadre d’une relation stable sont en meilleure santé physique et mentale. Elles sont mieux intégrées que les personnes qui vivent seules et qui n’ont pas de proches de confiance autour d’elles. Or, au fil des dernières décennies, vivre seul est devenu l’un des modes d’existence les plus répandus dans notre société. Les dernières tendances mises en lumière par l’Office fédéral de la statistique démontrent que plus de la moitié de la population suisse est célibataire, divorcée, en situation de veuvage ou sans relation fixe. Les ménages composés d’une seule personne sont ainsi les plus nombreux en Suisse.