Family strengthening, for all?

By means of the epistemology of intersectionality, three categories are brought together and questioned in the implementation of public policies for family strengthening in the child protection system: childhood, gender and disability. Women with disabilities, considered strangers to traditional he...

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Main Authors: Silvia Eugenia Fernandez, Mariela González de Vicel
Format: Article
Language:English
Published: Oñati International Institute for the Sociology of Law 2025-02-01
Series:Oñati Socio-Legal Series
Subjects:
Online Access:https://opo.iisj.net/index.php/osls/article/view/1948
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author Silvia Eugenia Fernandez
Mariela González de Vicel
author_facet Silvia Eugenia Fernandez
Mariela González de Vicel
author_sort Silvia Eugenia Fernandez
collection DOAJ
description By means of the epistemology of intersectionality, three categories are brought together and questioned in the implementation of public policies for family strengthening in the child protection system: childhood, gender and disability. Women with disabilities, considered strangers to traditional hegemonic and patriarchal mandates, challenge the exercise of motherhood under criteria that are overvalued and demanded compared to women with psychosocial or intellectual disabilities. They challenge the prevailing mandate of hegemonic motherhood, which does not conceive of other designs for the exercise of the constitutional and conventional right to family life. States have the obligation to design support systems (arts. 12 and 19 CRPD) so that women with disabilities are not separated from their children because of their disability. Children and adolescents have the right not to be discriminated against because of the condition/situation of their parents (art. 2 CRC) and to be raised by them (art. 9). Support systems should be effective public policies for strengthening families so that children can remain in the care of their mothers in accordance with their best interests and so that mothers can exercise their maternity on an equal footing with other persons, as mandated by the Constitution.
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publisher Oñati International Institute for the Sociology of Law
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spelling doaj-art-e96f0944e2a7429e83fed58e2b1d7c1b2025-02-03T09:36:39ZengOñati International Institute for the Sociology of LawOñati Socio-Legal Series2079-59712025-02-0115110.35295/osls.iisl.1948Family strengthening, for all?Silvia Eugenia Fernandez0Mariela González de Vicel1Universidad Nacional de Mar del PlataDepartamento Judicial de Esquel, Chubut By means of the epistemology of intersectionality, three categories are brought together and questioned in the implementation of public policies for family strengthening in the child protection system: childhood, gender and disability. Women with disabilities, considered strangers to traditional hegemonic and patriarchal mandates, challenge the exercise of motherhood under criteria that are overvalued and demanded compared to women with psychosocial or intellectual disabilities. They challenge the prevailing mandate of hegemonic motherhood, which does not conceive of other designs for the exercise of the constitutional and conventional right to family life. States have the obligation to design support systems (arts. 12 and 19 CRPD) so that women with disabilities are not separated from their children because of their disability. Children and adolescents have the right not to be discriminated against because of the condition/situation of their parents (art. 2 CRC) and to be raised by them (art. 9). Support systems should be effective public policies for strengthening families so that children can remain in the care of their mothers in accordance with their best interests and so that mothers can exercise their maternity on an equal footing with other persons, as mandated by the Constitution. https://opo.iisj.net/index.php/osls/article/view/1948Disabilitymotherhoodnon-discriminationsupportpublic policies
spellingShingle Silvia Eugenia Fernandez
Mariela González de Vicel
Family strengthening, for all?
Oñati Socio-Legal Series
Disability
motherhood
non-discrimination
support
public policies
title Family strengthening, for all?
title_full Family strengthening, for all?
title_fullStr Family strengthening, for all?
title_full_unstemmed Family strengthening, for all?
title_short Family strengthening, for all?
title_sort family strengthening for all
topic Disability
motherhood
non-discrimination
support
public policies
url https://opo.iisj.net/index.php/osls/article/view/1948
work_keys_str_mv AT silviaeugeniafernandez familystrengtheningforall
AT marielagonzalezdevicel familystrengtheningforall