JOURNAL ARTICLE
Regulating Family Law in Federations: The Impact of De/Centralization, Religion, and International Treaties on Abortion and Child Marriage Policies.
Published In: Publius: The Journal of Federalism, 2023, v. 53, n. 1. P. 1 1 of 3
Database: Academic Search Ultimate 2 of 3
Authored By: Vickers, Jill 3 of 3
Abstract
This article examines how federalism influences the regulation and reform of family law (FL), focusing specifically on child marriage and abortion policies across federations. It identifies three key variables affecting FL reform: the extent of centralization (with legislation typically centralized and implementation decentralized), religion (including state–religion relations and the politicization of religion), and international norms-building through treaties and conventions. The study finds that centralization is the most significant factor facilitating reform, while religion's politicization can hinder progress, especially regarding abortion rights; international norms-building has limited impact due to legal loopholes and lack of enforceable abortion rights in international law. The article highlights that decentralized implementation often leads to uneven enforcement and regional disparities, as seen in countries like Mexico, Spain, India, and the United States, where local religious and political dynamics shape outcomes.
Additional Information
- Source:Publius: The Journal of Federalism. 2023/01, Vol. 53, Issue 1, p1
- Document Type:Article
- Subject Area:Politics and Government
- Publication Date:2023
- ISSN:0048-5950
- DOI:10.1093/publius/pjac014
- Accession Number:160850554
- Copyright Statement:Copyright of Publius: The Journal of Federalism is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
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