Children's right to be educated for tolerance: minority rights and inclusion

States do not make a genuine commitment to peace where children's right to be educated for tolerance is denied. Education for tolerance is considered a central aim of education, as set out in Article 29 of the Convention on the Rights of the Child (CRC). Hence, states are obliged under the convention to create conditions conducive to such an education. Such conditions undoubtedly include providing an opportunity in an educational setting for some level of interaction between children of different backgrounds (while still maintaining whatever educational programmes are deemed necessary for the preservation of the culture of various minority groups). To eliminate the opportunity for any level of educational integration between children from the dominant group and from various national minority groups or other identifiable groups (such as disabled and non-disabled children, citizen and immigrant or child refugee groups) is to infringe upon children's fundamental human right to free association. Such an association is necessary for children's positive mental and spiritual development. The courts have unfortunately been inconsistent in protecting the right to a tolerant educational setting since they often regard children's education rights as subsumed under parental liberty rights.     

When special needs categories for exceptional students overlap mental health diagnoses: The Canadian experience and its Charter implications

This paper explores Canadian 'educational' categorical systems for special needs students and their relation to mental health diagnoses. Parents wishing to access special education services for their children are generally required to consent to their children being formally assessed. Frequently, the school board committee will require a psychological or psychiatric assessment which may lead to diagnosis of a mental health disorder that overlaps with the special needs category to which the child is assigned. This paper explores whether Canadian parents of exceptional students are in fact providing fully informed and voluntary consent given: (a) frequent parental lack of understanding of the overlap between the so-called 'educational' special needs category and a mental health diagnosis; and (b) the power of the school board to proceed with a special education placement based on a particular category even without parental agreement. The argument is made that making special education service eligibility contingent on meeting the criteria for one or more government approved categories of 'disorder' or 'impairments', some of which overlap mental health diagnoses, infringes Canadian Charter s.15 equality rights as well as s.7 liberty and security of the person rights.     

Secondary education as a universal human right

Despite any international declarations to the contrary, basic education comes in practice to be conveniently regarded by governments as being synonymous with the level of schooling that the State stipulates is free and compulsory. Thus the operational definition of basic education is quite variable internationally and often does not include secondary schooling. Exacerbating the situation is the fact that international human rights instruments do not mandate that education be free and compulsory until the end of secondary school. However, these instruments do stipulate that the child's right to education involves the right to develop to their ‘full potential’. That is unlikely to occur for most children with less than secondary school completion as a ‘basic education’. It is argued here then that States have an obligation under international law to ensure access to inclusive school systems that facilitate secondary school completion by extending free, compulsory education to the end of secondary.     

Distribution of Chemical Phenotypes (Chemotypes) in European Agricultural Hemp (Cannabis sativa L.) Cultivars

In Europe, more than 50 approved cultivars of fiber hemp (Cannabis sativa L.) are in agricultural production. Their content of psychoactive tetrahydrocannabinol (THC) is legally restricted to <0.2% (%w/w in the dry, mature inflorescences). Cannabis strains with much higher THC contents are also grown, illegally or under license for drug production. Differentiation between these two groups relies on biochemical quantification of cannabinoid contents in mature floral material. For nonflowering material or tissue devoid of cannabinoids, the genetic prediction of the chemical phenotype (chemotype) provides a suitable method of distinction. Three discrete chemotypes, depending on the ratio of THC and the noneuphoric cannabidiol (CBD), can be distinguished: a “THC-predominant” type, a “CBD-predominant” type, and an intermediate chemotype. We present a systematic genetic prediction of chemotypes of 62 agricultural hemp cultivars grown in Europe. The survey reveals the presence of up to 35% B_T allele-carrying individuals (representing either a THC-predominant or an intermediate chemotype) in some cultivars—which is unexpected considering the legal THC limit of 0.2% THC. The fact that 100% of the seized drug-type seeds in this study revealed at least one B_T allele, reflects that plant breeding efforts have resulted in a fixation of the B_T allele in recreational Cannabis. To guarantee a sincere forensic application based on a genetic chemotype prediction, we recommend not to classify material of unknown origin if the samples size is below nine genetically independent individuals.     

Differential effects of general versus cued invitations on children’s reports of a repeated event episode

The ability to describe individual episodes of repeated events (such as ongoing abuse) can enhance children’s testimony and assist the progression of their cases through the legal system. Open-ended prompts have been advocated as a means to assist children in accurately retrieving information about individual episodes. In the current study, two subtypes of open-ended prompts (cued and general invitations) were compared for their effects on five- to nine-year-olds’ (n?=?203) reports about individual episodes of a repeated event. Interviews occurred 1–2 weeks after the last of 4 event sessions. Cued invitations assisted children to provide specific details about individual episodes of a repeated event, while general invitations were useful to elicit more broad happenings of the episodes. The accuracy of responses to general invitations was similar for children of all ages up to one week after the event, but at a longer interview delay younger children were less accurate than older children. There were no differences in the accuracy of responses to cued invitations as a function of age or interview delay. Results suggest that interviewers tasked with eliciting accounts of individual episodes from a repeated event, such as ongoing abuse, should consider the differential efficacy of each prompt-type on children’s reports.     

‘Don’t Blow Your Cool’: Provocation,Violent Coping,and the Conditioning Effects of Self-Control

Objectives

General Strain Theory (Agnew in Criminology 30:47–87, 1992) has received broad empirical support, but little is known about moderators of the strain-delinquency relationship. This study tests whether self-control attenuates the relationship between a certain type of delinquency—violence—and its most important precursor, considered a type of strain: interpersonal provocation. This study compares the conditioning effects of risk-affinity and self-control/impulsivity on the provocation-violence link, since recent work suggests differentiating between both characteristics.

Methods

The provocation-violence link is examined (1) using a scenario design with randomly varied degrees of objective provocation and a measure of projected violence, and (2) with measures of self-reported past violence and subjective sensitivity to provocation. The analyses are based on a large sample of seventh-graders (n = 2635) from five cities in Western Germany, interviewed in 2013. Linear probability models regressing violence measures on personal traits, provocation measures, and their interactions are estimated.

Results

Both self-control and risk-affinity moderate the relationship between subjective sensitivity to provocation and past violent behavior. Students with high self-control are able to control their anger and do not turn violent, even when they feel provoked easily. However, only risk-affinity significantly amplifies the effect of objective provocation on prospective violence when simultaneously controlling for the conditioning effect of self-control.

Conclusions

Findings underscore that both self-control and risk-aversion are important coping resources. This study highlights the importance of using internally consistent and mechanism-congruent measures in the study of illicit coping processes and conditioning factors and discourages from using composite, potentially multidimensional measures.

     

Hardening and softening of country-specific recommendations in the European Semester

Abstract

This article conceptualises and illustrates hardening and softening trends in country-specific recommendations (CSRs) that are part of the European Semester. It proposes an analytical framework that meets the specific characteristics of CSRs: its adaptable and non-uniform norms, which are co-determined by actors operating across governance levels. It proposes three elements to analyse hardening and softening of CSRs, adding the degree of ‘centralisation’ to the often used elements of ‘obligation’ and ‘enforcement’. Then it illustrates the framework with trends in CSRs given to Belgium and the Netherlands on pensions and wages. Both countries and topics show hardening as well as softening trends regarding the degree of obligation, enforcement and centralisation. The article suggests that a complete analysis of hardening and softening of CSRs requires assessing the degree of centralisation as well. Looking at obligation and enforcement alone could misinterpret the hardness or softness of CSRs.     

The Democratic Costs of Constitutionalisation: The European Case

There is little doubt that the European Union suffers from a legitimacy deficit. However, the causes of this deficit and, as a consequence, the remedies are contested. This article wants to show that an important, but often overlooked, cause for the legitimacy deficit lies in the overconstitutionalization of the EU. The European Treaties have been constitutionalized by the ECJ, but are full of provisions that would be ordinary law in states. Constitutionalization means de‐politicization. What has been regulated on the constitutional level is no longer open for political decision‐making. Thus, in the EU political decisions of high salience are not only withdrawn from the democratically legitimized institutions, but also immunized against political correction. Therefore, the consequences from the constitutionalization have to be drawn: The Treaties should be reduced to those norms that reflect the functions of a constitution, whereas all the other parts have to be downgraded to the level of secondary law.