Private and public voices: Does family group conferencing privilege the voice of children and families in child welfare?

This article examines the use of family group conferencing in child protection and considers its ability to privilege the voice of children and families who reach the attention of statutory child protection services. The family group conference (FGC) is a process of family decision-making in child protection, originally developed in Aotearoa New Zealand, and now practised in many countries including the UK. Examining the literature and research relating to the FGC it considers whether the approach provides a genuine context of participation and partnership, or whether it has become an instrumental professionally led practice as families are charged with greater responsibilities for children at risk.     

Children’s and parents’ involvement in care order proceedings: a cross-national comparison of judicial decision-makers’ views and experiences

This paper presents the views of judicial decision-makers (n = 1794) in four child protection jurisdictions (England, Finland, Norway, and the USA (California)), about whether parents and children are provided with appropriate opportunities to participate in proceedings in their countries. Overall, the study found a high degree of agreement within and between the countries as regards the important conditions for parents’ and children´s involvement, although the four systems themselves are very different. There was less agreement about children’s involvement than parents’, and the court decision-makers from Norway and Finland were more likely to express doubts about this. Nevertheless, the main message from the judicial decision-makers is that they are relatively satisfied as to how parents’ and children´s involvement is handled in their countries. Whether or not this confidence is justified, the emphasis on achieving effective involvement of children and parents in court proceedings is likely to grow, with major implications for the workers, decision-makers and agencies involved.     

Rape and child sexual abuse: what beliefs persist about motives, perpetrators, and survivors?

Rape myths are prejudicial and stereotyped beliefs about rape which persist in society. They may have a significant impact on those affected by rape as well as the performance of legal and public participants in the justice system. Rape myths may differ over time and within different societies and cultural settings. Awareness of contemporary and local rape myths is necessary if they are to be successfully challenged through public campaigns and other means. This study sought to assess the prevalence of myths concerning rape and sexual abuse in a national population survey.     

Contested views of expertise in children’s care and permanence proceedings

In this article, we consider different perspectives on who is best able to provide relevant and helpful expertise in public law cases where the long-term care of children is under consideration. Opinions vary and sometimes conflict on the respective importance of legal, child development, and lay understandings. These opinions relate to views on rights, appropriate procedures, decision-making processes, and the effects of decisions on children. Firstly, we summarise literature relevant to the knowledge and skills of three key groups of decision-makers within the Scottish child care system: legal professionals, child care professionals and lay decision-makers, and outline literature about guardians ad litem and their counterparts. We then discuss issues of expertise emerging from a study exploring the reasons for, and impact of, the appointment of safeguarders (who, in Scotland, perform a similar role to guardians). We conclude that there may be an increasing tendency for disagreement and a lack of clarity about who brings the most relevant and helpful expertise to hearings; this may have negative effects for children.     

Subjects with agency? Children’s participation in family law proceedings

Galvanised by the UN Convention on the Rights of the Child, many jurisdictions now recognise children’s rights to participate in decisions that affect them. While such legal rights have increased, research on family law proceedings shows how children’s views can still be undermined, ignored or not even sought in decisions about them. This article uses the academic resources of childhood studies, to consider dominant and alternative narratives of children’s participation within Scottish family law. Drawing upon reported case law and empirical research, the article concludes that children’s participation gains protection by being institutionalised but children’s participation is attenuated because it is not recognised as relational and contextual. As rationality, consistency and autonomy are privileged, the weight given to children’s views is lessened by concerns about children being manipulated or distressed. Courts and their decisions may be child-focused, centring on children’s welfare, but they are not child-inclusive, involving children in decision-making.     

Assessing the best interests of the child in cases of cross-border surrogacy: inconsistency in the Strasbourg approach?

This article examines the approach of the European Court of Human Rights (ECtHR) to assessing the best interests of the child in three recent cases of cross-border surrogacy, namely Mennesson v France, Labassee v France and Paradiso and Campanelli v Italy. It is argued that these cases reveal inconsistency in the ECtHR’s assessment of the best interests of the child. In Mennesson and Labassee, the ECtHR found that the national authorities’ refusal to legally recognise the relationships between the children and the intended parents amounted to a violation of Article 8 ECHR, whereas no violation was found in Paradiso. A notable distinguishing feature of Paradiso was that there was no genetic relationship between the child and the intended parents, and it is this point that seemingly led the Court to assess the best interests of that child differently to the others.     

Intimate partner violence research in the health care setting: what are appropriate and feasible methodological standards?

The past 20 years of research has exposed the profound cost of intimate partner violence (IPV) in health care problems and health care dollars for victims and bystanders. As a result, professional organizations encourage clinicians to identify IPV victims and to refer them to community resources. To date there is little evidence to show the value of these efforts, and many completed studies are criticized for methodological weaknesses. IPV studies are challenging to design, and the double-blind randomized controlled trial may be an impossible standard. To move forward, funders and study committees are encouraged to reassess the standards for IPV research methodologies.     

Community-based care and compulsion: what role for human rights?

This article considers the role of traditional conceptions of human rights in relation to the challenges posed by community treatment orders (CTOs). It explores how traditional rights discourse in mental health, which has focused on the rights of liberty and autonomy, is to be located within the landscape of community-based mental health law. Using jurisprudence arising under the European Convention on Human Rights, it identifies the limitations of traditional rights in this context. However, it argues that traditional concepts such as liberty and privacy still have a role to play.     

No child left behind in the European Union?: the position of Romani children

This paper analyses how different EU documents (communications, recommendations, reports and surveys, etc.) focusing on Roma frame the position of Romani children. Many studies have shown that because of their intersectional positioning, Romani children often face multiple discrimination and triple exclusion: on the basis of their ethnicity, their age and their socio-economic status. The paper comments on selected findings on Roma in the Second European Union Minorities and Discrimination Survey published by the Fundamental Rights Agency in late 2016. One of the main findings of this Survey was that 80% of Roma live below the country-specific risk of poverty line in all EU Member States in which the Survey has been conducted. By specifically examining the implication this finding has for the position of Romani children, I argue that their position is, in fact, produced and reproduced with systemic, but also everyday racism. When it comes to Roma, but specifically Romani children, not even the European Union (EU), based on principles of fundamental human rights, is immune to such phenomena.     

Psychopathy and violence in juvenile delinquents: what are the associated factors?

The purpose of the present study was a) to examine the discriminative power of the Antisocial Process Screening Device (APSD), aggressive traits, impulsiveness, antisocial attitudes and alcohol-related problems between subgroups of Russian juvenile delinquents (n=175) with low versus high levels of violent behavior; and b) to compare the predictive value of these variables in two subgroups defined by higher versus lower levels of psychopathic traits. Results demonstrated that the APSD score, traits of physical aggression and alcohol-related problems were able to discriminate between groups with various levels of violence. Furthermore, the level of violence was the only variant factor when comparing levels of psychopathy. Finally, different sets of predictors emerged for the group with higher versus lower psychopathy scores. The results are discussed in relation to specific features of psychopathy and environmental factors in general and the use of alcohol in particular.     

Are women really difficult? Challenges and solutions in the care of women in secure services

Abstract

Concern about the approach to the care of women in secure hospitals led to radical Department of Health Guidance in 2002 and 2003. This paper explores the views and experience of senior clinicians and managers involved in delivering care through semi-structured interviews. The gendered nature of the therapeutic challenge and the complexity of the women in their care are both articulated as well as the extent to which respondents see themselves as having addressed clinical practice guidance. Service delivery is substantially informed by the ideas of relational security, attachment theory and the recovery model. Traditional concepts of security were considered unhelpful in the care of women. Reliance on respondents’ views as to the quality of care offered must remain limited in view of the continuing absence of corresponding clinical outcome data. However, their responses should inform amendments to current service organisation.     

Repeating the errors of our parents? Parental violence in men's family of origin and conflict management in dating couples

Within a social learning model, family-of-origin violence places men at risk for developing negative communication in their adult relationships. Thirty young men exposed to family-of-origin violence (exposed group) and 30 unexposed young men were videotaped discussing a conflict topic with their female dating partners. Relative to the unexposed group, the exposed men and women reported higher relationship aggression and during discussion showed more negative communication, were more domineering, and the men reported more negative affect. There were no differences between the groups on cognition or heart rate. The conflict management deficits and aggression evident in the exposed group suggest that these partners are at high risk for future relationship aggression and distress.     

From Theory to Practice: Citizens’ Attitudes about Representation in France

French institutions, political culture and history have favoured a very abstract conception of representation: MPs are expected to embody collectively the French Nation, but little is known about citizens’ concrete views on representation. In this paper, data gathered through a citizen mass survey are used. To overcome the usual abstract considerations on representation, respondents were asked their opinion on an MP who would endorse amendments proposed by an interest group. In the questionnaire, two features were changed randomly: the MP's political leaning and the type of interest group. It is shown by means of an original experiment that the ‘general’ conception representation has disappeared from citizens’ attitudes: despite the enduring legitimacy of the general will approach in the public sphere, French citizens appear to promote a conception of representation close to the Madisonian views on pluralism involving a strong attachment to the logic of territorial electoral linkage.     

EULEX and the fight against organised crime in Kosovo: what’s the record?

Staffed by international police officers, prosecutors and judges, EULEX was mandated to strengthen Kosovo’s domestic rule-of-law institutions and endowed with executive authority to ensure that high-level criminal cases, including organised crime, are properly investigated and prosecuted. Yet, after more than nine years of operation, EULEX has proven largely ineffective in using its executive authority to counter organised crime and its capacity-building efforts have not led to significant local improvements in this area. Insufficient framework conditions shaped by years of impunity for politico-criminal power structures prevent capacity-building efforts from taking effect as local rule-of-law institutions remain hesitant and timid to investigate and prosecute high-level criminals. It is argued that EULEX’s own conduct and weak executive performance has severely undermined the mission’s efforts to strengthen local law enforcement through capacity-building.     

An organization's waiver of the attorney-client privilege and/ or the attorney work product protection to obtain leniency in federal court sentencing: what is the brouhaha all about?

The guidelines controlling the sentencing of organizations provide for the reduction in an entity's culpability score for self-reporting, cooperation, and acceptance of responsibility. What an organization must do in order to receive the reduction in culpability score changed dramatically in 2004 when additional language was added to Application Note 12 of the U.S. Sentencing Guidelines Manual Section 8C2.5(g) stating that "waiver of the attorney-client privilege and of work product protections is not a prerequisite to a reduction. ... However, in some circumstances waiver of the attorney-client privilege and of work product protections may be required in order to satisfy the requirements of cooperation." Following months of hearings and public comment, the United States Sentencing Commission reversed its position on whether a sentencing court should consider an organization's waiver of the attorney-client privilege and/or of the attorney work product protection in evaluating the organization's "cooperation" as a sentencing factor by proposing to retract the language added by the 2004 amendments. Although that proposal has become effective, it is yet to be determined what the response of the three branches of government will be on the issue of privilege waivers in the context of federal criminal law. This Article gives readers an overview of the development of the use of privilege waivers by organizations seeking credit for cooperation at the time of sentencing for federal crimes, the reaction of both corporations and their lawyers to the waiver issue, and the events leading up to the Commission's change of position.