Assistive technology as support for the exercise of legal capacity

Exercising legal capacity refers to engaging in legal transactions and relationships and is essential for the full inclusion of people with disabilities in society. The United Nations Convention on the Rights of Persons with Disabilities has enumerated the right to legal capacity on an equal basis and has created a state obligation to provide access to support for the exercise of legal capacity. This article examines the use of assistive devices as support for decision-making in exercising legal capacity for individuals with physical and cognitive impairments; for example, the use of voice recognition programmes, screen readers, and screen enlargement applications to support people with mobility and sensory impairments to use online portals essential for legal actions such as banking. It also discusses the experimental use of cognitive assistance, including computer or electrical assistive devices, to facilitate communication for people with cognitive impairments including those with no external signs of consciousness. It highlights the diversity of options for ‘support for the exercise of legal capacity’ showing how they can assist people with various disabilities. Finally, the article examines the boundaries of the state obligation to provide such support, including issues of practical implementation and resource allocation.     

Towards an integrated information society policy in South Africa: an overview of political rhetoric and policy initiatives 1994–2000

Abstract

South Africa is considered one of the few developing countries that has fully embraced the concept of information society and has formulated and implemented policy inititives in order to change society accordingly. By 1995 the theme of the information society started to surface regularly in political discourse and policy documents. Information and Communication Technologies (ICTs) and access to ICTs started to have prominence both in policy formulation and implementation. Although there was much talk about a Green Paper/White Paper process on the information society during 1996 and the beginning of 1997, such a policy process never materialised. To date, there is no document defining the government's view of the information society, no policy document outlining an integrated strategy to arrive there and no government department officially responsible for the coordination of policy initiatives. This article sets out to analyse the notion of the information society in South Africa and to analyse the broad evolution of South Africa's information society policy between 1994 and 2000.     

Entrapment Through the Lens of the Actio Libera in Causa

The entrapment defense is a puzzle of long standing. One the one hand, we are offended by the government’s subjecting someone vulnerable to extreme temptation. It seems like something anyone might fall prey to. On the other hand, it is hard to explain why someone who actually commits, or attempts a crime, and who would be liable if anyone other than the government had tempted him, should escape punishment. His blameworthiness seems the same. This essay seeks to illuminate this puzzle by showing how it parallels the long-standing debate surrounding the criminal law problem of the actio libera in causa—situations in which someone seeks to escape liability by contriving to put a certain defense in place, such as provoking his victim into attacking him, so that he can then kill him in self-defense. The parallels between the two problems do not serve to resolve either, but make them appear in a rather different light.     

Exploring “North” and “South” in post-Soviet Bishkek: discourses and perceptions of rural-urban migration

In this paper we explore, through the narratives and perspectives of “old residents” in post-Soviet Bishkek, the dominant discourse which has emerged towards rural migrants arriving to the city from other areas of Kyrgyzstan from the late Soviet period onwards. We investigate the existence of a primarily “antagonistic” discourse in relation to the migrants and analyze this in detail to understand how it illuminates wider concerns amongst residents about what is occurring in their city, and about wider processes of social change in Kyrgyzstan. The paper provides a revealing insight into the processes of urban change in post-Soviet Central Asia, and demonstrates the ways in which confrontation with the everyday harsh realities of post-Soviet transformation can lead to the negative “othering” of one group of urban residents by another. We also demonstrate how the “old residents'” perceptions of migrants reveal important insights into emerging notions and constructions of identity in the post-Soviet period, related in this case to understandings of “North” and “South'1 The terms “North” and “South” are used here to denote the “North” and “South” of Kyrgyzstan. Talas, Naryn, Issyk-Kul' and Chuy regions (where the regional and national capital Bishkek is located) are usually taken as “North”, whereas Osh, Batken and Dzhalal-Abad regions are taken as “South.” View all notes and related concepts of what is “urban” and what is “Kyrgyz”.     

Online Political Debate,Unbounded Citizenship,and the Problematic Nature of a Transnational Public Sphere

Citizenship has always been a dynamic notion, subject to change and permanent struggle over its precise content and meaning. Recent technological, economic, and political transformations have led to the development of alternative notions of citizenship that go beyond the classic understanding of its relationship to nation states and rights. Civil society actors play an important role in this process by organizing themselves at a transnational level, engaging with issues that transcend the boundaries of the nation state and questioning the democratic legitimacy of other transnational actors such as international and corporate organizations. They also allow citizens to engage with “unbounded” issues and to construct a transnational public sphere where such issues can be debated. It is often assumed that the Internet plays a crucial role in enabling this transnational public sphere to take shape. Empirical analysis of discussion forums and mailing lists developed by transnational civil society actors shows, however, that the construction of such a transnational public sphere is paved with constraints. To speak of a unified transnational public sphere is therefore deemed to be problematic. It cannot be seen or construed without taking into account the local, the national, and enforceable rights in order to materialize the ideas and hopes being voiced through civil society.     

Stirred,Shaken, or Blended

Abstract

Research documents the variation in levels of offending and the official response to boys' and girls' misbehavior (see Chesney-Lind & Sheldon 2004 for a nice summary of this work). Our research questions develop from this literature. We first expect differences in girls and boys at intake to a residential program for low-to-medium risk offenders, and then we also expect differences in official responses to girls and boys during their aftercare experience. Our findings confirm the literature—girls and boys differ in seriousness of committing offenses. Additionally, girls and boys are treated differently during their time in juvenile justice programming. For example, girls are monitored more closely than boys and receive less serious penalties for similar levels of rule violations. We find no difference between boys and girls in their odds of receiving a serious sanction. While traditional theoretical attempts to explain girls' misbehavior are often described with the expression “add women and stir,” our findings suggest that both behavior of and official response to boys' and girls' activities show that girls are not simply stirred into the male mix but are responded to differently than boys and in ways that illustrate conventional gender socialization.