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.     

What price a child? Commodification and Australian adoption practice 1850–1950

The issue of premiums has always proved problematic for advocates of benevolent adoption for whom the involvement of money tainted an exchange that was meant to be grounded in love. This paper argues that the shifting relationship between supply and demand has meant that there has always been a market in children and that adoption was one of the more prominent mechanisms used to regulate that exchange. Drawing on a database of 25000 advertisements placed in Australian newspapers during the so-called century of the child, it analyses the ways in which children were rendered desirable in a competitive market. Analysing the more than 3000 advertisements in which it was made clear that money, known at the time as a premium, was to change hands, it casts new light on the commodification process involved in adoption, identifying a mismatch between the preferences of those seeking and those needing to dispose of children. It identifies a market that was highly responsive to the environment in which it was operating and proved remarkably resilient in the face of the increasing regulation of adoption. By viewing adoption through the lens of the market, it questions the notion that the ‘best interests of the child’ have always necessarily prevailed.     

Representation and participation in child care proceedings: what about the voice of the parents?

In Ireland, the Constitution guarantees very strong rights to parents and the family, and there has been a long and unfortunate history of failures to adequately protect children at risk. As a result, there has been much discussion in recent years about the need to improve legal mechanisms designed to protect the rights of children. By comparison, little attention has been given to establishing whether the theoretically strong rights of parents translate into strongly protected rights in practice. This paper presents new empirical evidence on the manner in which child care proceedings in Ireland balance the rights and interests of children and parents, including the rates at which orders are granted, the frequency of and conditions in which legal representation is provided, and the extent to which parents are able to actively participate in proceedings. A number of systemic issues are identified that restrict the capacity of the system to emphasise parental rights and hear the voice of parents to the extent that would be expected when looking at the legal provisions in isolation.     

The politics of social welfare: MPs’ attitudes and activities in the 13th Israeli Knesset

This paper reports the findings of a study exploring the attitudes and activities of members of the 13th Israeli Knesset, and seeks possible connections between the two. The study involved extensive interviews with members of the 13th Israeli Knesset (1992–96), as well as drawing on archival and quantitative data of their activities. The paper presents a short overview of the Israeli political system, the 13th Israeli Knesset and its composition. The MKs’ perceptions of social welfare policy, their attitudes towards government involvement in the provision of social welfare services and their activities, both formal and informal, on social welfare issues are described. Finally, possible connections between the MKs’ attitudes and their activities are explored.     

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.     

Intracranial sewing needle in a man with seizure: a case of child abuse?

Physical abuse in infancy can cause persistent neurological deficits. Although intracranial foreign bodies are generally secondary to penetrating trauma or surgical procedures, rarely they also occur as a result of child abuse. A 32-year-old man presented with the complaint of generalized tonic clonic seizures to the Neurology Department of Marmara, University Hospital. Computerized tomography (CT) scan revealed a sewing needle located within the temporal lobe. The location and the position of the needle suggested that it must have been introduced in infancy through the lamdoid suture before the closure of it, as an unsuccessful deliberate homicide attempt or accidental injury.     

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.     

The problems and possibilities in regulating technological frontiers: the politics of the new anxiety?

The revolution in science, biotechnology and medicine of the past 30 years demands a revisitation of old institutional forms and responses, including those of law itself. Scientific citizenship requires that law develop a moral vision and vocabulary so that we shape the moral dimensions of the emergent bioeconomy. Chief among those in the field of biotechnology are technologies of human reproductive cloning, therapeutic cloning and stem cell research using human embryos. Where there are deep pluralist divisions is in relation to therapeutic cloning and embryonic stem cell research. Regulatory flexibility may be opportune in delimiting the extent to which government need stray into this realm of "moral politics". As Brownsword has written, an important developmental vector is what has become known in administrative and public law literature as the concept of "smart regulation". This concept is examined and an attempt to apply it to these fields is made. The enlarged nature of human action -- enlarged in magnitude, reach and novelty -- raises moral issues beyond interpersonal ethics and requires reflection; responsibility is centre stage and calls for lengthened foresight -- what has been called a "scientific futurology". This is also examined.     

Reinforcing the family: The role of gender,morality and sexuality in Irish welfare policy, 1922–1944

Irish legislators had to negotiate rigidly defined gender roles, strict moral codes and contradictory sexual behaviour when implementing welfare policy in the early decades of the twentieth-century. Despite traditional and unforgiving attitudes to male and female sexuality, the debates surrounding welfare policy in Ireland reveal a more complex sexual landscape and an overriding concern regarding child protection and family welfare. Faced with real fears regarding the viability of the Irish family and the degree of child poverty, Irish legislators opted to use welfare policy to direct limited state resources towards the children of vulnerable and/or large families resulting in an apparently inconsistent approach to gender ideals.     

The meaning of “the public interest” in communications policy,part I: Its origins in state and federal regulation

In the United Kingdom, a super-injunction is an interim action that prevents those against whom it is issued and any third parties who have notice of the injunction – including members of the media – from communicating about the subject in question. The media are not allowed to even reference the fact that there is an injunction in place. Often, the proceedings are anonymised, meaning the identities of the applicant and respondent are unknown, with initials replacing names. Super-injunctions and anonymised orders create tension between freedom of the press and privacy and deviate from fundamental principles of open justice. This article examines the role of super-injunctions in English media law, the tension between individual privacy and the need for an open justice system, and the implications of social media sites such as Twitter in the super-injunction process.     

Health policy in Denmark: leaving the decentralized welfare path?

In this article, we investigate developments in Danish health care policy. After a short presentation of its historical roots, we focus on the decades after the administrative reform of 1970, which shaped the current decentralized public health care system. Theories of path dependency and institutional inertia are used to explain the relative stability in the overall structure, and theories of policy process and reform are used to discuss gradual changes within the overall framework. Although comprehensive reforms have not taken place in Denmark, many gradual changes may pave the way for more radical changes in the future. The political climate currently seems to be more favorable toward structural reform than in the past.     

The Word Memory Test in medicolegal assessment: a measure of effort and malingering?

The Word Memory Test (WMT) is claimed to measure effort and to detect cognitive response bias. Archival data from n = 2526 cases referred in 2009–2016 for medicolegal assessment were analyzed. Each participant underwent a medical and a psychological examination including a cognitive test battery and several validity measures including the WMT. The WMT validity test scores do not approximately follow a normal distribution. Thus, parametric statistics for WMT validity scores may not be appropriate. WMT performance explains 0–20% of the variance in cognitive test performance. This is more than what substantial brain damage accounts for. The standard uniform cutoff indicating a ‘fail’ in all three WMT effort subtests (equal or less than 82.5% correct responses) seems not supported by the data. Taking into account the context of the testing, cutoffs may be chosen according to the desired sensitivity or specificity. ROC-statistics with modified Slick criteria as gold standard for malingering look alike for the three WMT effort subtests, with a AUC between 0.86 and 0.88. The WMT seems a good indicator of both effort and (Slick) malingering, however, little is gained by administering the entire test.