Realizing the Right to Access in France: Between Implementation and Activation

This article explores the realization of the right to access in France, based on biographical interviews with people with mobility or visual impairments. I lay out an original theoretical framework for studying rights realization at the individual level. Although rights activation is the horizon of most rights consciousness research, I argue that rights do not necessarily need to be activated in order to be made real. This realization may also derive from effective policy implementation. In France, however, disabled individuals are very active in realizing their right to access, in a context of insufficient implementation. Moreover, although there is limited collective mobilization, several types of policy feedbacks fuel rights activation and the emergence of grievances regarding the lack of accessibility. Studying the realization of the right to access thus opens up promising perspectives for sociolegal research.     

When ADR becomes the law: A review of federal practice

Conclusion With the passage of the Administrative Dispute Resolution Act, the stage was set for innovation and change in federal agencies. Now, part way into the five-year life of the Act, a new administration has the potential to encourage even wider use of ADR at the federal level, providing still more examples from which to develop a clearer sense of best practice. Additional funds, both for ACUS and individual agencies, are vital to providing the level of experimentation, innovation, and documentation needed to ensure success.MIT ProfessorLawrence E. Susskind is director of the MIT-Harvard Public Disputes Program, 512 Pound Hall, Harvard Law School, Cambridge, Mass. 02138.Eileen F. Babbitt is associate director of the Public Disputes Program.Phyllis N. Segal is a practicing mediator with Endispute, Incorporated.The authors would like to acknowledge the federal dispute resolution specialists who contributed greatly to our work by providing interviews and materials for this article: Cathy Costantino of FDIC; David Batson of EPA; John Settle and Ron Walczak of HHS; David Drabkin of DLA; Jim Jones of DOL; Sheldon Guttman of FCC; Charles Pou of ACUS; Jeff Domber of GSA; and Diane Liff of DOT.     

Family Context and Childhood Adjustment Associated with Intrafamilial Unwanted Sexual Attention

Unwanted sexual attention (UWSA) encompasses unsolicited verbal comments, gestures, stares, and other noncontact behaviors made regarding one's sexuality and physical appearance. The present study examined the correlates and impact of such UWSA perpetrated toward girls by family members. The first objective of the study was to explore whether family climate is associated with intrafamilial UWSA. This included looking at three types of dysfunctional parenting styles (unaffectionate, unavailable, and patriarchal) as well as exploring the co-occurrence of UWSA by adult and child relatives. The second objective was to then measure the impact of such intrafamilial UWSA on childhood emotional health, after controlling for parenting style and the experience of more traditional forms of child sexual abuse (CSA). Of the 296 university women (mean age = 19) who participated in the study, 70% (N = 206) reported UWSA from a family member prior to age 18. Whereas each dysfunctional parenting style was related to presence of UWSA, a simultaneous multiple regression analysis indicated that two of the parenting styles, patriarchal and parental unavailability, also predicted frequency of nonphysical UWSA within the family. Presence of UWSA from a child relative was significantly correlated with presence of UWSA from an adult relative. Additionally, a hierarchical multiple regression, entering the three parenting styles simultaneously in the first step, childhood sexual abuse in the second step, and familial UWSA in the last step, indicated that the frequency of UWSA by family members significantly predicted poorer childhood mental health when controlling for the other variables. Overall, results indicate that while the specific parenting styles which co-occur with UWSA may be detrimental in their own right, the impact of UWSA on girls appears to be above and beyond that of either parenting styles or CSA. Clinical implications are discussed.     

Beyond 'Do No Harm': The Challenge of Constructing Ethical Relationships in Refugee Research

This paper highlights some of the central ethical challengesinvolved in undertaking social science research with refugeesin conflict and crisis situations. It focuses on two main setsof challenges: first, the difficulties of constructing an ethicalconsent process and obtaining genuinely informed consent; andsecond, taking fully into account and responding to refugeeparticipants' capacities for autonomy. The authors also discussthe challenges involved in applying the central normative principlesgoverning ethics review processes—the principles of beneficence,integrity, respect for persons, autonomy and justice—tothe context of refugee research. It is argued that researchersshould seek ways to move beyond harm minimization as a standardfor ethical research and recognize an obligation to design andconduct research projects that aim to bring about reciprocalbenefits for refugee participants and/or communities. Some ofthe methodological issues raised by this analysis are discussedin the conclusion.     

Children in the environment: Forest day-care centers: Modern day care with historical antecedents

Some features of early child care are more prominent in Norway than in other countries, such as emphasis on the outdoor environment. Of general relevance and interest is the form of day care provided by forest day-care centers. Three ideas form the development of these centers placed in wild areas. First, throughout history, Norwegians have had a close attachment to nature and some parents want to provide their children with outdoor experiences at an early age. Second, urging children to play outdoors characterizes the image many parents have of a happy, healthy childhood. Third, provision of day care for children has always been restricted in western countries, forcing parents to invent types of service that can become part of an ecological system that promotes healthy development.The forest day-care centers developed recently represent a supplement to the wide typology of child care in the 21st century. The article outlines the connections between these ideas in general European and western history and Norwegian history and presents debate and decisions about a question dating from the last half of the 1980s. It concludes that the forest day-care centers are perhaps only a modern form of the original kindergarten concept, which started in Europe and America as gardens for children not gardens of children.     

Responding to the global tobacco industry: Canada and the Framework Convention on Tobacco Control

Abstract: In a continuing quest to build and defend world markets for tobacco products, tobacco companies have long been involved in international cooperation and information‐sharing through their own international corporate networks, as well as through national and international industry trade associations. This is evidenced in tobacco industry corporate documents now freely available on the internet. In order to institute effective tobacco control policy, policy‐makers needed to become equally astute at sharing information across national boundaries and at considering the cross‐national implications of policy and legislation. The World Health Organization has been instrumental in developing the Framework Convention on Tobacco Control (FCTC), and Canada has played an important part in this effort. The FCTC contains both demand‐reduction provisions and supply‐side provisions intended to reduce tobacco use worldwide. As a signatory to the FCTC, Canada has pledged to adhere to these provisions, thereby providing Canadian public administrators with effective tools to reduce tobacco use and its associated health burden both nationally and internationally. Sommaire: En cherchant continuellement à développer et à défendre les marchés mondiaux pour les produits du tabac, les sociétés productrices de tabac sont impliquées depuis longtemps dans la coopération internationale et le partage d'informations par le biais de leurs propres réseaux de sociétés internationales et d'associations professionnelles nationales et internationales. C'est ce qui ressort des documents des sociétés productrices de tabac auxquels on peut accéder librement sur Internet. Afin d'instituer une politique efficace de contrôle du tabagisme, les décideurs politiques ont dù devenir astucieux quant au partage d'informations et à l'étude des répercussions transnationales des politiques et des lois. L'Organisation mondiale de la santé a fortement contribuéà l'élaboration de la Convention‐cadre sur la lutte contre le tabagisme (CCLCT), et le Canada a joué un rôle important sur ce plan. La CCLCT contient à la fois des dispositions relatives à la réduction de la demande et d'autres relatives à l'offre qui visent à réduire la consommation de tabac dans le monde entier. En tant que pays signataire de la CCLCT, le Canada s'est engagéà respecter ces dispositions, fournissant ainsi aux administrateurs publics canadiens des outils efficaces pour réduire la consommation de tabac et le fardeau sur la santé qui lui est associéà l'échelle nationale et internationale.