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La filiation légitime à l’épreuve des mutations sociales au Maghreb
oleh: Émilie Barraud
| Format: | Article |
|---|---|
| Diterbitkan: | L’Harmattan 2010-06-01 |
Deskripsi
In the context of globalization – which diffuses and imposes norms and values defined as western – family law in North African countries might seem to be the domain least affected by the process of judicial normalization, but in fact this is an area that has seen important revisions in recent years. This article examines some recent legislative changes that respond to new social needs while also calling into question traditional understandings of filiation – raising the question of a social and legal redefinition of this issue. On one level, this question points to the choices of Algerian, Moroccan and Tunisian legislators with regard to scientific techniques for establishing or contesting filiation, as well as in relation to medically assisted procreation and adoption. On another level, it sheds light on the politico-social treatment of illegitimate and abandoned children, on legislative efforts supported by Algerian and Moroccan authorities – who are constrained by the extent of the phenomenon to recognize this social category (until now invisible and hindered by ostracism) yet without addressing the underlying legal and moral issues.