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"Mariage pour tous" - the repercussions of the new law (17 May 2013) in France and other European countries

General data

Course ID: 5-DR.NOR.79
Erasmus code / ISCED: (unknown) / (unknown)
Course title: "Mariage pour tous" - the repercussions of the new law (17 May 2013) in France and other European countries
Name in Polish: "Mariage pour tous" - reperkusje nowej ustawy (17 maja 2013) we Francji i innych krajach Europy
Organizational unit: Faculty of Theology
Course groups:
ECTS credit allocation (and other scores): (not available) Basic information on ECTS credits allocation principles:
  • the annual hourly workload of the student’s work required to achieve the expected learning outcomes for a given stage is 1500-1800h, corresponding to 60 ECTS;
  • the student’s weekly hourly workload is 45 h;
  • 1 ECTS point corresponds to 25-30 hours of student work needed to achieve the assumed learning outcomes;
  • weekly student workload necessary to achieve the assumed learning outcomes allows to obtain 1.5 ECTS;
  • work required to pass the course, which has been assigned 3 ECTS, constitutes 10% of the semester student load.

view allocation of credits
Language: (unknown)
Type of course:

elective monographs

Short description:

May 17, 2013 has become a breakthrough in the legislation of modern France. By virtue of statute no 2013-404, the parliament passed a law - enigmatic named as "Mariage pour tous" ("Marriage for all"). Contrary to violent protests, the National Assembly - in which the majority had ruling socialists - acted like an efficient voting machine, forcing the project of the socialist government. The demand for a national referendum was rejected. In the opinion of many observers, the new law has opened a real Pandora's box. Adopting adoption of children by homosexual couples will ultimately lead to the acceptance of illegal "belly to rent" institutions in France and childbearing to order. After all, as proponents of "marriage for all" argue, everyone has the right to a child - which sounds somewhat weird and has little to do with the subjective treatment of children and their rights.

Full description:

Among the argued arguments pointing to the negative effects of the institution of "marriage for all", the right to adopt or possibly use the techniques of assisted reproduction (PMA) by single-sex couples has been particularly emphasized. Proponents of "marriage for all" as long as they agree with the right to adopt, stipulate, however, that PMA should only have lesbian marriages. However, the rhetoric of equality with time leads to the sharing of PMA for all marriages, and this must mean the legal admission to the existence of substitute mothers. However, there are comparisons of the institution of a surrogate mother with renting a man to work. The dispute has indeed led to the mainstream debate and problems that discreet bioethics and other experts have dealt with. As a great unknown, the influence of education by same-sex couples on the psyche of children is emphasized.

The static model of marriage can, of course, be justified on religious grounds. However, historically speaking, the understanding of "family" and "marriage", values ​​and customs associated with them, in our cultural circle has undergone colossal changes over the centuries. Considering the fact that the model most widespread in time and space was a model that assumed that a man could reject his wife and remarry, a kind of revolution must be regarded as a model of an insoluble monogamous marriage.

It is as a result of changes that love between spouses has become a value. Over time, the taboo was even broken about the lofty feelings between husband and wife, which were previously considered to be indiscretion. Civil marriages and divorces have been widely accepted over the past 200 years. The punishment for staying in a cohabitation was stopped. It has changed for a better legal situation not only for married women, but also extra-marital children (eg in the French Civil Code, drastically handicapped people). In family law, such "dogmas" fall down, like the Roman rule that "the mother is always sure." In the era of biotechnology, even motherhood may become the subject of controversy (when one woman gives birth to a child, although the egg comes from another woman). "Marriage for all" is just a part of the landscape of much larger changes.

Bibliography:

Alleaume C., Solidarité contre solidarité. Etude comparative des avantages respectifs du mariage et du PACS au regard du droit du crédit, Paris 2000.

Aoun A., Le PACS (Pacte civil de solidarité), Paris 2000.

Assemblée nationale, Loi no 267 du 9 avril 2009 pour le développement économique des collectivités territoriales en outre-mer [archive], les articles 515-1 et 515-2 du code civil http://www.assemblee-nationale.fr (7 I 2017)

Barbier Ch. , Mariage gay: les raisons de mon oui, « L'Express », 7 XI 2012.

Carbonnier J., Droit civil. La famille, l'enfant, le couple, t. 2, Paris 2002.

Code civil (1 I 2014), www.Legifrance.gouv.fr (5 I 2017).

Dziewulak D. Instytucja rejestrowanego związku partnerskiego PACS we Francji, „Analizy BAS” Nr 22/2012.

Gourdon J., Lemouland J-J., Contentieux à l'occasion de la déclaration d'un PACS : les juridictions administratives ne sont pas compétentes, Paris 2004, 295-299.

Kiernan, K. Chase-Lansdale, P. L., Friedman, R. (red.) Human Development Across Lives and Generations, Cambridge 2004.

Kuisz J, Od PACS do „małżeństwa dla wszystkich”, „ZNAK” 697 (2013), s. 28-34.

Lamoureux M., Mariage pour tous, les arguments des anthropologues et des philosophes, « La Croix » https://www.la-croix.com/Actualite/France/ (13. 12. 2012).

Murat P., Mariage, divorce, concubinage, PACS, filiation, adoption, nom, prénom, autorité parentale, assistance éducative, aide sociale à l'enfance, mineur étranger, obligations alimentaires, protection de l'enfance, protection nationale et internationale des majeurs vulnérables, fiscalité, droit pénal, droit international privé, Paris 2010.

Learning outcomes:

Knowledge

1. The student knows selected concepts of man: philosophical, psychological, social and theological constituting the theoretical basis of activity in the field of marital and family life

2. Has basic knowledge about human development in the life cycle in both biological and psychological as well as social aspects

3. Has basic knowledge about the types of social ties and the regularities that govern them

Skills

1. Student is able to observe and interpret social phenomena; analyzes their connections with various areas of activity in the field of family sciences

2. Can accurately and consistently speak in speech and in writing, on topics related to selected issues in the field of family sciences; using different theoretical approaches, using both the achievements of family sciences and other disciplines

3. Is able to analyze their own activities and indicate possible areas for modification in the future operation

Social competences (attitudes)

1. The student has a belief in the sense, value and need to take action in the field of family sciences in a social environment; is ready to take on professional challenges; shows activity, undertakes hardship and is characterized by perseverance in the implementation of individual and team professional activities in the field of family sciences

2. The student is prepared to actively participate in groups, organizations and institutions implementing activities for the benefit of marriage and family and able to communicate with persons who are not specialists in a given field.

3. The student is responsibly preparing for his work, designs and performs activities in the field of family sciences

Assessment methods and assessment criteria:

Teaching methods

• lecture with multimedia presentation

• Passing method

• exam

B. Forms of crediting:

• oral exam

C. Basic criteria

1. Pass work - 20%

2. Knowledge of given reading - 20%

3. Knowledge presented on the exam - 60%

Practical placement:

Work placements are not expected

This course is not currently offered.
Course descriptions are protected by copyright.
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