Who Cares? Welfare and Consent to Child Emigration from England to Canada, 1870–1918

Liverpool Law Review - From the 1870’s, children in the care of charities or state provided institutions, including workhouses and industrial schools, were subject to the practice of...     

Contested Governance: Understanding Justice Interventions in Post-Qadhafi Libya

ABSTRACT

This contribution reflects upon the nexus between transitional justice and peacebuilding through a study of how transitional justice practices in post-Qadhafi Libya interacted with broader efforts to establish governance institutions in the aftermath of Libya’s 2011 armed conflict. It argues that dominant practices of transitional justice, promoted by external actors, prescribed narrow state-centric justice interventions that were ill-suited for a polity in which the state was highly contested. In fact, transitional justice proved divisive in Libya because attempts to project state-centric liberal justice practices were limited by their targeting of weak institutions that lacked local legitimacy and their inability to reconcile alternative normative frameworks that challenge the modern state. In addition, the weakness of Libya’s state institutions allowed thuwwar, or revolutionary armed groups, to dictate an exclusionary form of justice known as political isolation. Drawn from fieldwork conducted in Libya, this contribution provides lessons for both peacebuilding and transitional justice practice that call for a rethinking of teleological notions of transition and greater engagement with notions and concepts that fall outside dominant practices.     

Homicide in Cape Town, South Africa

All autopsies performed on homicide victims at the Salt River police mortuary, Cape Town, in the first 6 months of 1986 were reviewed. Most of the homicides that had occurred in Cape Town were as a result of stab wounds to the chest. Smaller, but significant, numbers of homicides were as a result of stab wounds to the head and neck, blunt injury to the head, or gunshot wounds. Homicidal burning also has occurred in civil unrest situations. Infanticide was rarely encountered. Alcohol was detected in the homicide victims in 62.9% of cases; 8.4% had a blood alcohol concentration higher than 0.30 g/100 ml. Our figures confirm that Cape Town has one of the highest homicide rates in the world (56.9/100,000 per annum for 1986). Homicides in Cape Town are characterized by assaults with sharp instruments, usually knives, although "pangas," or cane knives, are also commonly used.     

Copper sulfate. Not a harmless chemical

We report a case of fatal copper sulfate poisoning of a 30-year-old woman following treatment by an iNyanga ("witch-doctor"). The patient died 2 days later, having lapsed into a coma. Postmortem examination revealed that the patient had died of aspiration pneumonia.     

Cross-border public care and adoption proceedings in the European Union

The free movement of persons within the EU has meant that children at risk of harm from family members may be living in a Member State of which they are not a national. The child may be made subject to legal measures under the national law of the host State for the protection of their welfare. This article explores the competence of the EU to protect children in these circumstances, and the scope of the Brussels IIa Regulation in governing jurisdiction over child protection proceedings. It discusses the difference between national child protection systems and the political controversy surrounding English law on adoption following care proceedings issued over a child who is a national of a different Member State. It suggests that further information sharing on national systems and cooperation between courts is necessary for the effectiveness of the law and to encourage understanding of legitimate variation in Member State national family law.     

Mainstreaming Gender into European Family Law? The Case of International Child Abduction and Brussels II Revised

Gender mainstreaming is an EU policy tool encouraging equality between men and women by incorporating gender concerns into the formation of EU law. The EU has intervened in private international family law, an area where concerns over gender equality may be present. Child abduction, which is regulated by the Brussels II Revised Regulation, is an aspect of international family law where issues of gender have been highlighted. Women are predominantly the abductors of their children and may abduct a child to escape a violent relationship. These factors were in evidence in the 1980 Hague Abduction Convention and an effective gender mainstreaming strategy should promote discussion to address these concerns. By examining the proposals for Brussels II Revised, this article will demonstrate that the gendered nature of child abduction was not clearly addressed in the development of the legislation and questions how mainstreaming can be effective as an aspect of the legislative process.