Equalization of Legal Status with Respect to Gender

Тарусина, Надежда Николаевна; Исаева, Е. А.

doi:10.17589/2309-8678-2016-4-3-74-93

Cited by 5 publications

(3 citation statements)

References 3 publications

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“…Тем более что оно приведет и к узаконению однополого родительства 29 , которое фактически и сейчас LEX RUSSICA тарусина н. н. Гендер в законе и семейные ценности: в поисках баланса возникает вследствие смены пола одним из супругов. Кроме того, как показала новейшая история западного гражданского (семейного) права 30 , узаконение конструкции однополого партнерства почти всегда является ступенью к агрессивному требованию его уравнения в правах с гетеросексуальным (классическим) браком -по известной универсальной технологии «дайте воды напиться, а то переночевать негде». Конституционная поправка, конечно, сыграет роль юридического тормоза, но не сможет в полной мере препятствовать постоянно усиливающемуся информационно-идеологическому давлению сподвижников «радужного клуба» и им сочувствующих.…”

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Gender in Law and Family Values: In Search of a Balance

Тарусина

2022

Lex Russica

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The paper examines the current gender aspects of legislation regulating relations with the family element (mainly from the family legal space), the practice of its application by the courts. The provisions of the legal doctrine, primarily civil and civil procedure, on this issue are summarized and analyzed. Meanwhile, the author intentionally leaves civil law out of the field of research, since civil law norms are specified by family and administrative legislation and are gender neutral. The gender contexts of the institution of marriage (its heterosexual legal attitudes, the legal consequences of sex change in marriage, the problem of same-sex marriage, de facto marriage, gender prohibitions in the divorce procedure), the institute of parenthood (presumption of paternity, the influence of gender stereotypes on the legislation on the establishment of extramarital paternity, the law enforcement presumption of the mother’s preferential right to leave her young child, the rights of fathers, same-sex parenthood and its consequences), the institute of surrogacy (gender differentiation the subject composition of the program participants, controversial administrative and judicial practice in cases of the legal consequences of the use of assisted reproductive technologies). Other gender aspects of Russian family legislation are analyzed (for example, gender neutralization of norms on alimony obligations). In the argumentation of his position on these issues, the author not only relies on the analysis of legal norms, court decisions and provisions of legal doctrine, but also refers to the sociological meanings of gender practices. The author notes that the proposed approaches to the classical and modern gender contexts of family and related legislation indicate the actualization of both the problem as a whole and the need to answer questions on its individual components.

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Gender in Law and Family Values: In Search of a Balance

Тарусина

2022

Lex Russica

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“…It is quite evident that it is just the starting point that inevitably will turn into the marks of omission, as the social groups of minorities are much more diverse (according to the criteria of gender, age, employment, political orientation, etc.) [1]. The concerns are expressed that the size of the group is not an obligatory criterion in some cases, the factor of non-dominance is more important [2].…”

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Pandemic as a prerequisite of discrimination of the senior citizens

2021

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The objective of the research is to reveal and comprehend the peculiarities of the status (complex of rights of their restrictions) of the citizens in the conditions of pandemic COrona VIrus Disease-19, in particular, of the new category of minorities – people at the age of 65+ years old. The methodological base of the research is the universal, general scientific and specific scientific cognitive methods used by the legal science in the object-subject scope of cognition of the general theory of law. The process of research was focused on the comparativistics, and the historical and legal, comparative and legal, technical and other special methods of scientific cognition were applied. To estimate the situation the empiric data of the three sociological researches when questioning the dwellers of Yaroslavl Region were used. The results of the research of the comfort level of the senior citizens in the specified conditions obtained during the analysis of the legislation, and its practical application and the data of sociological researches became the conclusions that the prohibited activities do not only protect from risks but also create the new ones – intellectual, psychic and physical moments. The authors believe that as the emergency situations cannot be settled by the current pandemic, the state has to correct its regulatory and legal and managerial positions taking into account the own experience and recommendations of the specialists, including those regarding the status of a new group of minorities that is the citizens at the age of 65+ years old. The novelty of the research was stipulated by the formulated recommendations to form the optimal regulatory and legal limits of the positive discrimination of the mentioned category of citizens.

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“…п. )[12] 2. Среди них немало не только политических и общественных деятелей, но и академиков, профессоров, изобретателей технических устройств и вакцины, талантливых музыкантов и др.…”

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Right to dispose of your own life: actualization of social-political context in COVID-19 pandemic conditions

Тарусина¹

2021

Soc. gumanit. znania

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The article examines the content of a person's right to dispose of his life (with emphasis on socio-political meanings) as a component of his right to life, including assumptions, probabilistic or unacceptable, about alternatives to the deployment of individual elements of this possibility (voluntary departure from life, the assumption of euthanasia, as well as options for the embodiment of the idea and the right to risk your life).The last one is analyzed both in a classical way (within the framework of activities objectively related to occupational risks and other activities with similar characteristics), and in an updated context due to the coronavirus pandemic. The author reflects on the socio-political, sociological and other aspects that have manifested or strengthened their presence in doctrine, public practice and public policy in connection with the current emergency situation, illustrates them with specific examples, examines and criticizes individual decisions on this issue, especially in relation to the elderly people, states in this regard the emergence in the Russian socio-political space of a new type of minorities subjected to discrimination. It is also compares the strategy and tactics of decision-making by power structures and major confessions during a pandemic, including for the elderly. Considerations are expressed about the need to take into account the experience of making political decisions in such situations, and to correct them on the base of state, social and individual interests and meanings.

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Equalization of Legal Status with Respect to Gender

Abstract: This article discusses the current trends in Russian legal doctrine and legislation on aligning the legal status of women and men, taking into account the legal positions of the

Cited by 5 publications

References 3 publications

Gender in Law and Family Values: In Search of a Balance

Gender in Law and Family Values: In Search of a Balance

Pandemic as a prerequisite of discrimination of the senior citizens

Right to dispose of your own life: actualization of social-political context in COVID-19 pandemic conditions

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