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Legal problems of the paternity institution: Child?s rights ensuring issues

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  • Mikhail A. Gussev
  • Yessil S. Rakhmetov
  • Aliya K. Berdibayeva
  • Ainash Yessekeyeva

Abstract

The aim of the article is to analyze the paternity as a component of the institution of the family, its modern transformations and the resulting challenges, including modern features of parenthood. The authors show that the modern understanding of paternity is determined by gender identity and social constructs that equalize the rights of all persons who act as guardians of the child. The authors determine that the problem of paternity involves not only civil issues, but also family and in-ternational law. The authors of the article clearly show that paternity can act not only as a voluntary, conscious act, but also as a mandatory legal norm. In particu-lar, the authors note that it is possible to use the method of establishing paternity or delegating part of the authority to raise a child in the context of considering public law and its prevalence over family law. The practical significance of the study is determined by the fact that the importance of establishing the principles, as well as the legal conditions for implementing the functions of paternity, will form not only legal but also social forms and even economic parameters for citi-zens and address issues of ensuring human rights, including the rights of the child.

Suggested Citation

  • Mikhail A. Gussev & Yessil S. Rakhmetov & Aliya K. Berdibayeva & Ainash Yessekeyeva, 2020. "Legal problems of the paternity institution: Child?s rights ensuring issues," RIVISTA DI STUDI SULLA SOSTENIBILITA', FrancoAngeli Editore, vol. 0(1), pages 267-286.
    • Handle: RePEc:fan:rissri:v:html10.3280/riss2020-001016
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    References listed on IDEAS

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    1. Molly Mayer & Céline Le Bourdais, 2019. "Sharing Parental Leave Among Dual-Earner Couples in Canada: Does Reserved Paternity Leave Make a Difference?," Population Research and Policy Review, Springer;Southern Demographic Association (SDA), vol. 38(2), pages 215-239, April.
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