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The demand that a medical certificate of health should be compulsory on marriage, has been especially made in France. In 1858, Diday, of Lyons, proposed, indeed, that all persons, without exception, should be compelled to possess a certificate of health and disease, a kind of sanitary passport. In 1872, Bertillon (Art. "Demographic," _Dictionnaire Encyclopedique des Sciences Medicales_) advocated the registration, at marriage, of the chief anthropological and pathological traits of the contracting parties (height, weight, color of hair and eyes, muscular force, size of head, condition of vision, hearing, etc., deformities and defects, etc.), not so much, however, for the end of preventing undesirable marriages, as to facilitate the study and comparison of human groups at particular periods. Subsequent demands, of a more limited and partial character, for legal medical certificates as a condition of marriage, have been made by Fournier (_Syphilis et Mariage_, 1890), Cazalis (_Le Science et le Mariage_, 1890), and Jullien (_Blenorrhagie et Mariage_, 1898). In Austria, Haskovec, of Prague ("Contrat Matrimonial et L'Hygiene Publique," _Comptes-rendus Congres International de Medecine_, Lisbon, 1906, Section VII, p. 600), argues that, on marriage, a medical certificate should be presented, showing that the subject is exempt from tuberculosis, alcoholism, syphilis, gonorrhoea, severe mental, or nervous, or other degenerative state, likely to be injurious to the other partner, or to the offspring. In America, Rosenberg and Aronstam argue that every candidate for marriage, male or female, should undergo a strict examination by a competent board of medical examiners, concerning (1) Family and Past History (syphilis, consumption, alcoholism, nervous, and mental diseases), and (2) Status Presens (thorough examination of all the organs); if satisfactory, a certificate of matrimonial eligibility would then be granted. It is pointed out that a measure of this kind would render unnecessary the acts passed by some States for the punishment by fine, or imprisonment, of the concealment of disease. Ellen Key also considers (_Liebe und Ehe_, p. 436) that each party at marriage should produce a certificate of health. "It seems to me just as necessary," she remarks, elsewhere (_Century of the Child_, Ch. I), "to demand medical testimony concerning capacity for marriage, as concerning capacity for military service. In the one case, it is a matter of giving life; in the other, of taking it, although certainly the latter occasion has hitherto been considered as much the more serious."
The certificate, as usually advocated, would be a private but necessary legitimation of the marriage in the eyes of the civil and religious authorities. Such a step, being required for the protection alike of the conjugal partner and of posterity, would involve a new legal organization of the matrimonial contract. That such demands are so frequently made, is a significant sign of the growth of moral consciousness in the community, and it is good that the public should be made acquainted with the urgent need for them. But it is highly undesirable that they should, at present, or, perhaps, ever, be embodied in legal codes. What is needed is the cultivation of the feeling of individual responsibility, and the development of social antagonism towards those individuals who fail to recognize their responsibility. It Page 1 from 5: [1] 2 3 4 5 Forward |