Severity of Partner and Child Maltreatment: Reliability of Scales Used in America's Largest Child and Family Protection Agency

This paper describes two studies investigating the interrater agreement of severity scales for family maltreatment used in America's largest child and family maltreatment agency: the U.S. military's Family Advocacy Program (FAP). The USAF-FAP Severity Index is a multidimensional rating system for clinicians' evaluations of the severity of seven forms of family maltreatment: partner physical, emotional, and sexual abuse; child physical, emotional, and sexual abuse; and child neglect. The first study evaluated the reliability of the scale as it is used in the field. The second study compared a generalizable sample of clinicians' ratings to an established gold standard of what the ratings should have been. The Severity Index demonstrated fair-to-good levels of reliability, suggesting that with minimal cost, investigating caseworkers can routinely assess, and make fairly reliable ratings of, the severity of seven forms of family maltreatment for each case they investigate.     

从权利保障看"分权制衡"的宪法原则

"分权制衡"这一宪法原则是人类在国家政治领域建设方面的重要成果.分权制衡的理论及其在制度设计上的实践,对于限制政府权力、规范政府行为、保障人民权利、推进民主法治和政治现代化具有极为重要的意义.分权制衡的制度表现因各个国家的国情而各有不同,然而这一政治思想本身却具有一定程度上的普遍意义,一个国家若想保障公民的权利与自由,就要在一定程度上进行分权制衡的制度安排.     

从权利救济宪法保障论公益诉讼制度

在各国宪法上,都会规定权利救济基本权的保障,其作用是在于给予人民排除不法侵害权益,并维护享有完整实体权利的机会,借以实现有权利即有救济的宪法保障原则。就行政诉讼而言,原则上虽须主张其诉讼和其个人权利有关,人民或团体才可享有诉权,但是,立法者另外得以法律明文规定,准许人民或团体为维护公益,对无关自己权益的事项提起行政诉讼,此时人民或团体也可享有诉权。在此,我们看到宪法上保障的权利救济基本权,除了作为主观权利的功能建构外,仍然存在作为客观法的建构可能性。也就是说,公益诉讼是立法者为了落实权利救济基本权的宪法保障,所设计的一种客观的制度性保障,而可以作为权利救济基本权在客观法上的功能建构。因此,本论文即从自我实现作为基本权的本质出发,尝试探讨基本权作为主观权利与客观法的法特征及其功能,建构公益诉讼作为权利救济的制度性保障,并借助德国行政诉讼上的团体诉讼制度,以分析公益诉讼在制度设计上的根本困境。     

Child Maltreatment in Diverse Households: Challenges to Law, Theory, and Practice

In the United Kingdom relatively little attention has been paid to 'race' and racism and the role of cultural, religious, and linguistic diversity in care proceedings. This paper will look at the background, law, and guidance on diversity in this field and explore the impact of notions of diversity in evidence before the courts. It will look at their relevance in allegations of 'significant harm' to children and failures of parenting, and the coverage of diverse backgrounds in expert reports and parents' statements. It will argue that while there is no evidence that the threshold criteria for a care order require reassessing, there is room for considerable improvement in attention to issues of diversity in evidence and in the experiences of parents attending court. The paper will explore the implications of the studies for theorizing law and the duties of the state and look at notions such as cultural relativism and concepts imported from cultural anthropology for determining culturally acceptable parenting. It will highlight problems with these approaches and demonstrate why 'paradigms of intersectionality' is a more useful and robust approach.     

Offender Characteristics and Behaviors in NonSexual Child Maltreatment

Data on 552 child maltreatment cases in South Korea involving convictions, including child physical abuse, emotional abuse, and neglect, were analyzed in order to compare 259 offenses committed by male offenders with 293 offenses committed by female offenders. Relative to cases involving female offenders, male offenders both had a higher number of criminal convictions and were more likely to have previously abused their victims. By contrast, female offenders were more likely to have had financial difficulties, while their victims were significantly younger compared to male offenders. Male offenders were more likely to strike the victim, either manually or with an instrument, particularly a blunt instrument, whereas female offenders were more likely to pinch or bite their victims. The findings can aid social workers and medical personnel in recognizing the signs of child maltreatment and identifying at-risk children more effectively, helping to employ timely interventions and prevent the reoccurrence of child maltreatment.     

城镇化背景下社区建设的宪法学思考

在我国推进城镇化建设的背景下,社区建设面临着各种新问题,因此,在理论研究与实践中应重新认识社区自治理论,因为城镇化的关键是人的市民化,居民的社区意识是社区自治的动力和源泉.所以,只有将宪法中的民主、法治理念和精神及价值导入社区的宏观治理结构中,建构社区自治的新模式,才能有效地提高居民的自我管理能力,促进社区冲突解决机制的形成.     

论非基本权利的宪法保护

以宪法文本是否加以列举作为基本权利与非基本权利的区分标准不利于宪法权利保护功能的实现,非基本权利与基本权利的二元划分未能准确揭示权利发展的动态过程。基于宪法权利保护的一体化原则,非基本权利亦应得到宪法的有效保护,宪法对非基本权利的保护具有必要性与可行性。非基本权利的宪法保护应当遵循最大限度保护原则和及时性原则,宪法解释和宪法修改是非基本权利宪法保护的可行途径。     

Green Constitutionalism: The Constitutional Protection of Future Generations

Abstract. The purpose of this paper is to propose and consider a new constitutional provision that can contribute to the protection of the vital needs of future generations. The proposal I wish to elaborate can be termed the posterity provision, and it has both substantive and procedural elements. The aim of this constitutional provision is twofold. The first is to encourage state authorities to make more future‐oriented deliberations and decisions. The second is to create more public awareness and improve the process of public deliberation about issues affecting near and remote future generations. It is argued that a good case can be made for the proposed reforms compared with alternative substantive constitutional environmental provisions found in existing constitutions and in the literature on legal and political theory. The main reason for this is that the proposed law constitutes a better and more adequate basis for judicial enforcement than the alternatives, which tend to be very vague or unclear. In this connection, I contend that there are both epistemological and moral reasons for introducing constitutional provisions that focus on the protection of critical natural resources essential for meeting the basic physiological needs of future people. It is also argued that the posterity provision can be defended on the basis of central ideas and ideals in recent theory of deliberative democracy.     

German Constitutional Law: The Protection of Civil Liberties

Netherlands International Law Review -     

Secondary Victimizations in Missing Child Events

This paper examines the incidence and nature of secondary victimizations (attempted and completed physical assault, sexual assault, and robbery) in a population of missing children (nonfamily abducted, family abducted, runaway/thrownaway, general/benign missing). Using data from the NISMART-2 studies, the following questions are addressed: How much secondary criminal victimization of children occurs in the context of missing children events, and what is the nature of this victimization? Are some categories/ types of missing children event more likely to result in secondary victimization than others? Is the risk for secondary victimization greater for some missing children than others (e.g., are age or race factors)? Are the outcomes of missing child events which include secondary victimizations different in significant ways from those which do not (more likely to be associated with harm for children or more likely to involve public resources like law enforcement)?     

胎儿的宪法地位——德国模式与美国模式

胎儿的地位是一个无法回避的宪法问题,它涉及宪法的基本价值、引发基本权利的冲突,并与国家权力行使的限度和范围相关.本文客观地揭示了目前宪法规定胎儿地位的两种较为成熟的模式,即德国模式和美国模式.本文观察和显示这两种模式各自的价值基础和逻辑推理,评价其合理性和局限性并展现其困境与难题.     

从基本权利到宪法权利

从“是否基本”的角度来认识宪法上的权利不能满足宪法理论与实践的要求,甚至容易造成误解。相较于“基本权利”,“宪法权利”是更为规范的表述。宪法权利是表示个人与国家关系的概念。宪法权利体系基本包含两个方面：每个人都享有的各种构建和控制政府的权利与个人基于人之目的性对国家提出诉求的权利。前者表示在一个共同体中的个人与其他所有人的关系,后者表示个人与包括他在内的整个共同体的关系。     

从行政诉讼到宪法诉讼——中国法治建设的瓶颈之治

法治乃现代社会之理想治理模式,诉讼乃法治实现的必然选择。在现行诉讼体制中,行政诉讼作为一种“权利对权力说‘不’的游戏”,标志着中国法治理念的本土生成;但由于其“先天缺陷”与“后天失调”所共同导致的运行不济,使得该机制在中国法治实践中未能彰显其应有价值。宪法诉讼作为域外法治实践的成功典范,因诸多因素在中国内地难以实证化,但其所蕴涵的民主、法治、人权与程序正义理念可为中国行政诉讼体制改革提供精神支撑。从行政诉讼到宪法诉讼,实现行政诉讼与宪法诉讼的内在契合与外在趋同,即为中国法治建设进程中的瓶颈之治。     

Combatting Child Sexual Maltreatment: Advances and Obstacles in International Progress*

Child sexual maltreatment now violates international law. This is an incredible development. International law no longer limits itself to sex crimes that have explicit international dimensions, such as child abduction, child trafficking, and sex tourism. International law now aims to halt practices that are more clearly domestic. These practices include Western conceptions of “child sexual abuse” such as incest and child rape. More controversially, prohibited practices also include those that large segments of certain societies may view as normal and even necessary to proper socialization, such as child marriages and gender-related rituals. This article explores these developments and highlights obstacles that may be encountered in attempts to protect children from sexual maltreatment.     

宪法：从政治法到治政法

将宪法称为政治法,虽然由来久、流传广,但弊病多、危害深,不宜继续提倡。政治事务虽然由宪法集中规范,但宪法不只是规范政治事务。单纯从宪法与政治的关系上讲,宪法不是政治统治法、被政治控制之法,而是控制政治之法、治理政权之法。人民是政治与治政的主体,宪法是人民治政的依据与准则。将宪法作为治政法,体现了民主与民治的要求,有利于增强宪法的法律属性与价值理性,有利于实现宪治、实现民主、实现自由。     

The Co-occurrence of Child and Intimate Partner Maltreatment in the Family: Characteristics of the Violent Perpetrators

This study considers the characteristics associated with mothers and fathers who maltreat their child and each other in comparison to parents who only maltreat their child. One hundred and sixty-two parents who had allegations of child maltreatment made against them were considered. The sample consisted of 43 fathers (Paternal Family—PF) and 23 mothers (Maternal Family—MF) who perpetrated both partner and child maltreatment, together with 23 fathers (Paternal Child—PC) and 26 mothers (Maternal Child—MC) who perpetrated child maltreatment only. In addition, 2 fathers (Paternal Victim—PV) and 23 mothers (Maternal Victim—MV) were victims of intimate partner maltreatment and perpetrators of child maltreatment and 7 fathers (Paternal Non-abusive Carer—PNC) and 15 mothers (Maternal Non-abusive Carer—MNC) did not maltreat the child but lived with an individual who did. Within their family unit, 40.7% of parents perpetrated both intimate partner and child maltreatment. However, fathers were significantly more likely to maltreat both their partner and child than mothers and mothers were significantly more likely to be victims of intimate partner violence than fathers. PF fathers conducted the highest amount of physical and/or sexual child maltreatment while MC and MV mothers perpetrated the highest amount of child neglect. Few significant differences between mothers were found. PF fathers had significantly more factors associated with development of a criminogenic lifestyle than PC fathers. Marked sex differences were demonstrated with PF fathers demonstrating significantly more antisocial characteristics, less mental health problems and fewer feelings of isolation than MF mothers. MC mothers had significantly more childhood abuse, mental health problems, parenting risk factors and were significantly more likely to be biologically related to the child than PC fathers. This study suggests that violent families should be assessed and treated in a holistic manner, considering the effects of partner violence upon all family members, rather than exclusively intervening with the violent man. Requests for reprints should be sent to Louise Dixon, Center for Forensic and Family Psychology, School of Psychology, University of Birmingham, Edgbaston, Birmingham, B15 2TT, United Kingdom.     

Patterns of Intimate Partner Violence in Mothers At-Risk for Child Maltreatment

Using three interviews spanning 3 years, we identified intimate partner violence (IPV) classes and determined how class membership changed over time amongst a sample of 217 mothers at-risk for child maltreatment that were enrolled in an early childhood home visitation evaluation study. Data on perpetration/victimization, IPV type (verbal, physical, and sexual abuse and injury) and severity were used to conduct latent class analyses at each time point. Latent transition analyses established the proportion of mothers who changed classes over time. A three-class solution (minimal, moderate, and high IPV) was indicated at each time point. All classes included mutual IPV. Partners used minor verbal abuse in the minimal class, minor and severe verbal abuse and minor physical abuse in the moderate class, and all IPV categories in the high class. At each transition, 40 % or more women moved from minimal to moderate or high IPV. This movement emphasizes the need to screen women frequently and develop interventions recognizing the dynamic nature of IPV.     

The Constitutional and Political Economy of Trade Protection

This essay reviews Trade Protection in the United States (Aldershot, UK: Edward Elgar Publishing Ltd., 1995) by Charles K. Rowley, Willem Thorbecke and Richard E. Wagner. The book stimulates a radical rethinking of trade policy, with results that are applicable well beyond the political framework of the United States. The authors—all advocates of the Virginia public choice school of thought—provide a lucid explanation of the formation of trade policy and systematically explain the many paradoxes of endogenous policymaking. They assess the main players in the process of trade policy formation and rigorously explain the dynamic interaction of the various political organs involved. The authors conclude that unilateral free trade cannot be achieved through the ordinary legislative process, and make a compelling case for Constitutional reform. Given the fragility of free trade equilibria and the inadequacy of bilateral and multilateral trade treaties for a stable free trade environment, the right to trade should be constitutionally guaranteed as an individual right. Considering the relevance of the authors' conclusions in this phase of consolidation of European trade policymaking, this essay examines the proposed unilateral free trade amendment, addresses the game theoretic implications, in light of viable alternatives.