Résultats de recherche

1. Objectifs

Intentions :
«This thesis is a theoretical exploration and an investigation of Quebec’s family law, aimed at both civilian and non-civilian readers. It is about how family law is constructed in and by the Civil Code. The general purpose is to explore, question and analyze the transformations of conjugal and filial relationships, and the evolution of fundamental principles that have, through time, influenced family law in Quebec in one of its primary systems of governance: the civil codes.» (p. 7)

Questions/Hypothèses :
The thesis aims to answer the following questions: «Does the normative project of family law in the Civil Code of Québec making sense in today’s context? Does the Code have tools to adapt and evolve? Is it time for family law to take a break from the normative project put forward in the Code and move towards a different approach, revolving around relationships of economic and emotional interdependency and not on an outdated idea of what is a family in law? What makes familial relationships different and are there other relationships meeting these criteria? How could relationships be recoded to belong to civil law?» (p. 7)

2. Méthode

Échantillon/Matériau :
«The methodology is mixed and it relies on critical theory (including feminism), legislative history, and in a way, comparative law. When necessary, some case law analysis is made, but the focus is more on the transformation to the law as found in the civil codes.» (p. 24) The author has particularly analyzed the different versions of the Civil Code of Quebec, focusing especially on those between 1955 and 2017.

Type de traitement des données :
Réflexion critique

3. Résumé

The analysis shows that «Quebec family law […] has been in constant flux during the period studied (1955-2017). Family law has witnessed a recodification, transformations in nature, and proliferations of relationships. Some relationships have been included in the Code – one can think of formal same-sex unions or children born out of wedlock – while others have yet to be considered as relevant – de facto unions for example. For decades, reforms were made and numerous changes occurred in family law without giving necessary attention to the big picture. The regulation of families and intimate ties in the Civil Code of Québec is nonetheless, again, in the midst of modifications and transformations. At the time of writing this conclusion, a new bill has just been adopted and will modify the Civil Code again, this time with regards, mostly, to adoption. Pressures are being made for the Government to address to issue of the regulation of surrogacy. The status of de facto spouses is a bone of contention. It is likely changes are going to happen in a near future. One can speculate as to whether these changes will be made with attention devoted to family law as a whole and to the nature of the relationships family law address, or if it is just going to target a specific issue.» (p. 282)

1. Objectifs

Intentions :
«[T]he objective of the current study is to assess whether the psychological distress of young men and women involved in IPV [intimate partner violence] is predicted by their reported role in the pattern of physical violence.» (p. 547)

2. Méthode

Échantillon/Matériau :
«The sample is composed of 205 heterosexual couples from the Quebec City and Montreal areas in Quebec, Canada.» (p. 550)

Instruments :
Questionnaires

Type de traitement des données :
Analyse statistique

3. Résumé

«Overall, findings revealed that perceiving oneself as both a perpetrator and a victim is predictive of greater psychological symptomatology for both young men and women. The finding that bidirectional violence predicts distress for both partners, coupled with the fact that the most common reported pattern of IPV is mutual, points to the importance of further examining IPV patterns as they relate to psychological distress in young adult couples. Further understanding the mental health outcomes of young men and women involved in IPV is a crucial step to tailoring intervention to their needs, as domestic violence counseling is traditionally designed for older male perpetrators […].» (p. 558) «Furthermore, because the present results highlight the dyadic nature of violence in many young relationships as well as the distress associated with it, therapy in a couple-context may be indicated for young adults already experiencing IPV. The focus of treatment in a couple-context is to help reduce violence within the relationship while bringing each partner to accept responsibility for his or her own aggressive behavior […].» (p. 557)

1. Objectifs

Intentions :
«This thesis reviews the current understanding of autonomy rights of the child as communicated by the UN Convention on the Rights of the Child (CRC). It examines whether this conception is effective in achieving the fulfilment of the autonomy rights of the child, as well as in responding to the key challenges in the realisation of these rights within some jurisdictions. It proposes a critical look at the negotiations and drafting process of the Convention on the Rights of the Child in order to develop and foster a better appreciation of the basis of the current understanding and, therefore, the existing challenges in implementation. It suggests that there is a need to re-conceive the autonomy rights for children by integrating the notion of duties. Using the example of the Africa Charter on the Rights and Welfare of the Child (ACRWC), it explores the advantages of such an approach.» (p. i)

2. Méthode

Échantillon/Matériau :
Données documentaires diverses

Type de traitement des données :
Réflexion critique

3. Résumé

«Recognising duties for children within the children’s rights discourse will achieve several goals. First, it will help bolster the support that CRC has provided for families by ensuring the stability and continuity of the family by emphasising mutuality and interdependence within the family. Second, it will help direct attention to all the demonstrated benefits to the child’s development. Third, it will also make the CRC more relevant to regions that already support child’s autonomy through duties, thereby ensuring the enhanced legitimacy and acceptability of the CRC within these regions. Fourth, it will improve the implementation efforts of countries that emphasize duty and interdependence.» (p. 151)