domingo, 3 de março de 2013
A Preliminary Report1 on the issues arising from international surrogacy arrangements
I. INTRODUCTION
1. In April 2011, the Council on General Affairs and Policy of the Conference
(hereinafter, “Council”) welcomed the report prepared by the Permanent Bureau on the “Private international law issues surrounding the status of children, including issues arising from international surrogacy arrangements”.
This report identified the serious problems occurring internationally as a result of the increasing use of international surrogacy arrangements, the most prevalent issues being the often uncertain legal parentage and nationality of the children born. Children may be “marooned, stateless and parentless”
in the State of their birth, with their families resorting to desperate,
sometimes criminal, measures to attempt to take them “home”.
Further, if they are able to travel “home”, children may be left with “limping” legal parentage, with the consequent child protection concerns that this involves. These and other child protection issues arising as a result of such arrangements
implicate the fundamental rights and interests of children, including the right not to suffer adverse discrimination on the basis of birth or parental status, the right of the child to have his or her best interests regarded as a primary consideration in all actions concerning him or her, as well as the child’s right
to acquire a nationality and to preserve his or her identity.
Attention should also be given to the possible vulnerability of all parties to international surrogacy arrangements, raising concerns regarding exploitation and the difficulties which may arise as a result of unregulated intermediaries,
including the trafficking of women and children, as well as
concerns regarding “independent” arrangements. 2. International surrogacy arrangements are growing at a rapid pace and, unfortunately, so too appear to be the difficulties arising from them. In the past year alone, problems concerning the legal status of children born as a result of such arrangements have arisen in many States across the globe. In addition, more cases have come to light which demonstrate starkly the possibilities for exploitation and abuse.
3. Council, in April 2011, requested that the Permanent Bureau intensify work, “with emphasis on the broad range of issues arising from international surrogacy
arrangements”. In accordance with this mandate, the Permanent Bureau has
undertaken further research on comparative developments relating to international
surrogacy in internal and private international law, as well as on the practical needs in the area. The Permanent Bureau has also been closely monitoring developments and work being undertaken by other organisations and institutions in the field and is continuing to work in co-operation with Aberdeen University. The fruits of these efforts are combined in this Preliminary Report which, as requested, provides an update on progress to Council,16 but does not purport to present a complete picture on this dynamic and complex subject. Subject to the Council’s view, the Permanent Bureau intends to produce a Final Report in April 2013 which will incorporate the views of Members expressed at the 2012 Council meeting and beyond.
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site Hague Conference on Private International Law
sexta-feira, 1 de março de 2013
As implicações jurídicas decorrentes da inseminação artificial homóloga "post mortem"
| Autor: Marcio Rodrigo Delfim, em 26/06/2009 RESUMO: O presente estudo visa analisar as consequências jurídicas relacionadas à presunção de filiação e ao direito sucessório nas hipóteses de inseminação artificial homólogapost mortem, que é aquela em que o material genético utilizado pertence ao pai e a mãe biológica, mas que é realizada após a morte de um deles. 1. INTRODUÇÃO A questão relacionada à inseminação artificial homóloga postmortem é de extrema importância, uma vez que pode gerar situações delicadas como o fato de um filho, por ter nascido enquanto ambos os pais estavam vivos, ser considerado herdeiro legítimo, enquanto outro filho, nascido por inseminação artificial homóloga após a morte do pai, ser considerado, no máximo, herdeiro testamentário, o que, inquestionavelmente, viola o princípio da igualdade entre os filhos, contemplado na Constituição. Como se trata de tema novo ainda não existe jurisprudência firmada sobre o assunto. Porém, isso não impede de se antever os graves problemas que advirão em um futuro próximo. O objetivo geral desse estudo é analisar as questões relacionadas à filiação, bem como à sucessão hereditária à luz dos princípios constitucionais. Já o objetivo específico é demonstrar o descompasso entre o ordenamento jurídico (ausência de regulamentação específica) e a realidade social, devido aos avanços tecnológicos, especificamente no que tange aos métodos de reprodução assistida. A sociedade nunca experimentou avanços científicos tão significativos como na última década. Por isso, o Projeto de Lei n.º 90/99, que parece excluir a possibilidade da fecundação postmortem, mostra-se totalmente anacrônico. O assunto, inegavelmente, é tormentoso e, por isso, não se esgota apenas sob o enfoque jurídico, sendo imprescindível dar ouvidos a outros ramos da ciência social como, por exemplo, a sociologia, a psicologia e a bioética. O trabalho de pesquisa será abordado utilizando-se os métodos axiológico, histórico e comparativo. Consistirá, ainda, na leitura de obras, artigos de jornais e revistas, bem como de outras publicações referentes ao tema. A pesquisa será, portanto, teórica, bibliográfica e documental. continue lendo do site contratos on line |
segunda-feira, 25 de fevereiro de 2013
The Dark Side of Currier & Ives
MONDAY, FEBRUARY 28, 2011
The Dark Side of Currier & Ives
by Stephen J. Gertz
When we think of Currier and Ives we think of scenes like the above, The Road - Winter by Otto Knirsch, published by C&I in 1853, and now ubiquitously found on Christmas and greeting cards, postage stamps, and calendars. It is one of many enduring images published by Nathaniel Currier and James Merrit Ives that have become deeply embedded in the American psyche, each a slice of warm toast that make all Americans feel good, sentimental, and nostalgic for bygone days. They are all easily digestible.
Outside of collectors and curators, however, few are aware that between 1879 - 1890 Currier & Ives issued a series of color lithographs embracing all the worst stereotypes about Black Americans. ItsDarktown series was, in fact, one of Currier & Ives' best-sellers, one print alone selling an astounding 73,000 copies.
booktryst.com
Reading: Leitura:
Bryan F. Le Beau, "African Americans in Currier and Ives's America: The Darktown Series," Journal of American & Comparative Cultures 23, 1 (Spring 2000), 71-83
Civil, Political, And Social Equality After Lincoln: A Paradigm And A Problematic
KATE MASUR
Assistant Professor of History, Northwestern University
When it comes to Abraham Lincoln and race, there are few words
more famous than the future president’s 1858 assertion that he had “no
purpose to introduce political and social equality between the white and
the black races.”1
The statement cannot be discounted as merely an
artifact of his intense struggle against Stephen Douglas for a seat in the
U.S. Senate. To the contrary, in a standalone speech in Peoria four
years earlier, Lincoln had said his “own feelings” did not admit of
making former slaves “politically and socially our equals.”2
At the same
time, of course, Lincoln also consistently argued for certain kinds of
racial equality. As he said in Columbus, Ohio, in 1859, “there is no
reason in the world why the negro is not entitled to all the natural rights
enumerated in the Declaration of Independence, the right to life,
liberty, and the pursuit of happiness.”3
My purpose here is not to assess whether Lincoln was racist, or how
racist. Nor is it to chart how his own views on equality changed over the
course of the Civil War. Rather, it is to reflect on the meanings of the
separate categories of equality that Lincoln mentioned—natural (or
civil), political, and social—as they took shape after his death. The
historian James Oakes has recently made the interesting argument that
Lincoln separated natural and civil rights from political and social ones
because he believed the federal government had power to enforce civil
1. First Debate with Stephen A. Douglas at Ottawa, Illinois, CHI.PRESS & TRIB., Aug. 21,
1858, reprinted in 3 THE COLLECTED WORKS OF ABRAHAM LINCOLN 1, 16 (Roy P. Basler
et al. eds., 1953) [hereinafter COLLECTED WORKS].
2. Abraham Lincoln, Speech at Peoria, Illinois, ILL. J., Oct. 21, 23–28, 1854, reprinted in
2 COLLECTED WORKS, supra note 1, at 247, 256.
3. Abraham Lincoln, Speech at Columbus, Ohio, ILL. STATE J., Sept. 24, 1859, reprinted
in 3 COLLECTED WORKS, supra note 1, at 400, 402. See also Sixth Debate with Stephen A.
Douglas, at Quincy, Illinois, CHI. PRESS & TRIB., Oct. 13, 1858, reprinted in 3 COLLECTED
WORKS, supra note 1, at 245, 248–49 (illustrating Lincoln’s view regarding equality); Fourth
Debate with Stephen A. Douglas at Charleston, Illinois, CHI. PRESS & TRIB., Sept. 18, 1858,
reprinted in 3 COLLECTED WORKS, supra note 1, at 145, 145–46 (same).
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site: Marquette University - Law school
The Civil Rigths Cases
Term:
- 1851-1900
Location: Congress
Facts of the Case
The Civil Rights Act of 1875 affirmed the equality of all persons in the enjoyment of transportation facilities, in hotels and inns, and in theaters and places of public amusement. Though privately owned, these businesses were like public utilities, exercising public functions for the benefit of the public and, thus, subject to public regulation. In five separate cases, a black person was denied the same accommodations as a white person in violation of the 1875 Act.
Question
Does the Civil Rights Act of 1875 violate the 10th Amendment of the Constitution which reserves all powers not granted to the national government to the states or to the people?
Conclusion
Decision: 8 votes for , 1 vote(s) against
Legal provision: Civil Rights Act of 1875; US Const. Amend 13 and 14
Legal provision: Civil Rights Act of 1875; US Const. Amend 13 and 14
The Fourteenth Amendment restrains only state action. And the fifth section of the Amendment empowers Congress only to enforce the prohibition on state action. The amendment did not authorize national legislation on subjects which are within the domain of the state. Private acts of racial discrimination were simply private wrongs that the national government was powerless to correct.
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