Open AccessThe medicalization of family judicial conflicts: A path towards normalization
Author(s) -
Paula Casaleiro
Publication year - 2022
Publication title -
oñati socio-legal series
Language(s) - English
Resource type - Journals
ISSN - 2079-5971
DOI - 10.35295/osls.iisl/0000-0000-0000-1255
Subject(s) - medicalization , legal guardian , normalization (sociology) , portuguese , norm (philosophy) , judicial opinion , sociology , family law , child custody , law , psychology , political science , psychiatry , social science , linguistics , philosophy
This article aims to provide a critical reflection on the process of medicalization of judicial family and children conflicts, exploring how the medical and social science (psychologists, psychiatrists, social workers) discourses and professionals are mingled in Portuguese civil guardianship proceedings. Through the content analysis of a set of judicial processes, we conclude that not only do medical assumptions resonate in the rules of child custody, but there is a tendency in these processes to reduce family conflicts to and treat them as pathological problems and to adopt medical and/or therapeutic and not “exclusively” judicial solutions. The aim is to normalize family and parental relationships that are outside the norm.