Double Lives, Double Narratives: Tracing the Story of the Family in Rousseau, the Swiss Civil Code and the Fathers’ Rights Debates

Abstract

A recent parliamentary postulate in Switzerland calling for joint custody as the legal norm argues that fathers are discriminated against in Swiss divorce law. This postulate has incited a debate which circles around issues of equality, the role of fathers and mothers, and the good of the child. Our article, uniting approaches from literature, cultural studies, and science and technology studies, examines the arguments sparked by the debate with a view to different takes on gender and family. In doing so, it traces the roots of contemporary Swiss family law in the Rousseauian narrative of family life in Emile ou de l'education; it explores the manner in which scientific knowledge is marshaled to lend political legitimacy to current debate; and it asks finally how narrative bridges the gap between public discourse and lived experience.

Implementing Gender Equality as an Aim of the Swiss Family Justice System

“…B ü chler et al (2009), parliament adopted a strong consensus model (Scheiwe, 2019: 158), in which joint exercise of parental responsibility is the general rule for important decisions and for legal representation of the child, whereas the primary caretaker can act alone only exceptionally. The reform was strongly infl uenced by the political activism of father ' s rights groups who insisted on shared parenting, thereby advancing arguments of gender equality (Gisler, Steinert-Borella and Wiedmer, 2009).…”

Efforts to cut the Gordian knot.

“…One possibility to provide extensive contact is joint custody -an issue which is discussed in a polarised way, particularly with regard to the condition of pa-rental agreement (Bauserman 2002;Gilmore 2006;Bauserman 2012). Critics argue that joint custody against the will of one parent comprises old-fashioned values, exposes children to ongoing conflict and is only feasible for co-operating couples with a low level of conflict (Kuehl 1989;Smart 2004;Gisler et al 2009). In contrast, others suggest that joint custody is, in essence, beneficial to child development and has the potential to guarantee gender equality (Bender 1994;Proksch 2002;Kruk 2005;Barth-Richtarz 2012;.…”

“…Related debates contain powerful public narratives, that mostly rely on traditional concepts of the nuclear family (Gisler et al 2009;Zartler 2012b), and are basically organised along a gender line, with some even referring to it as a "gender war zone" (Bala 1999). Feminist scholars argue that mothers and their care-giving activities have become increasingly invisible in family law, while fathers have gained undue importance.…”