CHILDREN,THE UNCRC,AND FAMILY LAW IN ENGLAND AND WALES

There is no doubt that, overall, there has been a great deal of activity in relation to children's rights under the United Nations Convention on the Rights of the Child (UNCRC) since it was ratified by the UK government in 1991. Of particular significance in the context of family law, however, are the provisions of Article 12, which have in many ways proved to be more problematic than other provisions, not least because, in the context of family law, children's participation rights are necessarily juxtaposed with the long‐standing and hitherto unchallenged rights of parents to make important decisions about family life. The reorganisation in 2001 of the family court welfare services in England and Wales with the creation of the Children and Family Courts Advisory and Support Service (CAFCASS), generated a new impetus for the consideration of children's participation rights and, at an organizational level, considerable progress has been made in embracing the provisions of the UNCRC. More problematic, however, is the acceptance of children's participation in making decisions about their futures by adults using and working in the family justice system. At the level of the courts, judicial attitudes are slow to change and in England, as court judgments often demonstrate, these are firmly rooted in a view of children as being incompetent in such issues; at the level of parents using the system, it is arguable that new discourses about the best interests of the child serve as a proxy for continuing discourses about parents’ rights that have become evident, most recently, in the context of an increasingly influential fathers’ rights lobby; and at the level of welfare practitioners, recent research also demonstrates that, although the rhetoric of children's rights is widely accepted, the willingness and ability to make these real in the context of family proceedings is, for a variety of reasons, less in evidence.     

THE PROGRESSIVE APPEARANCE OF CONSTITUTIONAL ELEMENTS IN INTEGRATION PROCESSES. TOWARD A REFORMULATION OF THE INTERNATIONAL COMMUNITY AND A HUMANIST VISION OF COMMUNITY LAW

The success of the European Union is the paradigm that should be kept in mind by other blocs or integration movements （NAFTA, the Andean Community, CARICOM, the African Union, APEC, etc） with the goal not only of building a global commercial space together, through the opening of relations, but also the future reformulation of an international community that, like the European Union, can create its own institutions, which in time may even replace the United Nations, and begin to dream of other kinds of organisations.     

THE USE AND EFFECTS OF FINANCIAL PENALTIES IN MUNICIPAL COURTS

With prison, jail, and probation caseloads overloaded, financial penalties appeal as alternative sanctions. Using probation data for cases sentenced in municipal courts, this paper presents regression analyses suggesting that judges tended to employ rational discretion in imposing economic sanctions, for monetary assessments without jail were most likely to be given to low-risk offenders and assignment of probation alone and jail terms was most strongly influenced by offense. The amount of the financial sanction was also significantly related to the type of crime. Controlling for individual attributes and offense, the odds of subsequent arrest and incarceration were significantly less for those given a financial penalty than for those receiving a jail sentence.