Transformation or Dilution: Fundamental Rights in the EU Social Space

Abstract:  This article argues that in developing social rights to counterbalance economic freedoms, the EU has begun to reformulate traditional notions of rights. Instead of creating rights in their traditional individualised, negative, judicially enforceable, and fault-based form, a new proactive model is emerging, which aims at institutional change, based on the notion of the active citizen and the centrality of participation in both rule formation and enforcement. It is argued that while this model has important advantages, its weakness lies in its dependence on political will. The challenge is therefore to ensure that proactive strategies are firmly centred on fundamental rights rather than political discretion. Part I briefly sketches the development of social rights in the EU; Part II examines the applicability of Third Way ideology; Part III considers European employment strategy and gender mainstreaming, asking whether they represent a dynamic new manifestation of fundamental rights at work, or a betrayal. Part IV applies a similar evaluation to the EU Charter.     

Quality of Maternal Parenting among Intimate-Partner Violence Victims Involved with the Child Welfare System

Children are overrepresented in households with intimate-partner violence (IPV), and many suffer the double burden of being the subject of maltreatment and bearing the consequences of abuse to their mothers. Despite this situation, little information exists concerning parenting by women who have been abused by an intimate partner. We examine the relationship between women’s experiences with IPV and the quality of maternal parenting using data from the National Survey of Child and Adolescent Well-Being. The sample consisted of 1,943 female caregivers of children younger than 10 years investigated for child maltreatment. Women who had experienced IPV in the past but were no longer victims of IPV had significantly better parenting scores than women who were currently experiencing IPV, when other risk factors were controlled. This study adds to the evidence that IPV does not necessarily impair maternal parenting. Women abused by an intimate partner deserve a thorough assessment of what services they need: parenting services should be offered as warranted on a case-by-case evaluation of the particular woman’s parenting skills.     

Wives’ Relative Income and Marital Quality in Urban China: The Role of Perceived Equity

The debate over the association between wives?? relative income (WRI) and marital quality remain controversial in the west; however, this important research area has been surprisingly under-studied against the backdrop of the fast socioeconomic transition in contemporary China. Using 763 urban Chinese wives, this study examined both the mediating and the moderating role of perceived equity between WRI and marital quality. Hierarchical multiple regression indicated that urban Chinese wives?? relative income had a negative impact on their marital happiness and a positive impact on marital instability to a small extent. The mediating role of perceived equity was not supported in this study; however, perceived equity could buffer the positive effect of wives?? relative income on marital instability, especially for higher-earning wives. This study contributes to understanding wives?? socioeconomic resources and marital quality from an equity perspective in the Chinese context and generates implications for cross-cultural research on perceived equity. It also serves for marital counseling on improving higher-earning wives?? perception of fairness as well as family?Cfriendly policy making.     

Verfassungsrechtliche Spielräume für das Naturschutzgesetzbuch des Umweltgesetzbuches

Der Beitrag setzt sich mit den Spielr?umen des Bundes zur Neugestaltung des Naturschutzrechts im Rahmen der laufenden Erarbeitung des Naturschutzgesetzbuches zum Umweltgesetzbuch (UGB-I) auseinander. Auf der Basis der konkurrierenden Gesetzgebungskompetenz des Bundes für das Naturschutzrecht werden insbesondere Fragen des Regelungsumfangs, der abweichungsfesten Kerne sowie Zust?ndigkeitsfragen er?rtert. Zum Schluss wird ein Optimierungsvorschlag für die Eingriffsregelung unterbreitet.     

Enhancing accurate data collection in mass fatality kinship identifications: Lessons learned from Hurricane Katrina

A mass fatality DNA identification effort is a complex process in which direct matching and kinship analysis is used for identifying human remains. Kinship DNA identification is an important tool in the identification process in which victim's DNA profiles are compared to the profiles of “known” biologically related reference samples. Experience from the 9/11 World Trade Center DNA identification efforts showed that forms used to record biological relationships are important and that inaccurately documented information may hamper the kinship analysis and DNA identification process. In the identification efforts following Hurricane Katrina, a Family and/or Donor Reference Collection (FDRC) form was used as a means to document the reported relationship between the reference DNA donor and the purported missing individual. This FDRC form was developed based upon lessons learned from 9/11 and the Tsunami identification efforts. This paper analyses the effectiveness of the FDRC form used in the Hurricane Katrina kinship DNA identification efforts and proposes an improved sample collection form for kinship and other donor reference samples. The data presented can be used to enhance the accuracy of the data collection process through an improved sample collection form, streamlining the DNA kinship identification process and decreasing the burden on valuable resources.     

“What Rights?” The Construction of Political Claims to American Health Care Entitlements

Despite a growing health care crisis, Americans remain reluctant to treat “health security” as a right or entitlement of citizenship. This article examines the effects of unmet health care needs on the beliefs that individuals hold about family, market, and state responsibility for health security. Drawing on a study of individuals caring for family members with chronic diseases, I find that when imagining solutions to unmet long‐term care needs, individuals evaluate a range of alternative social arrangements, but they select the model that is most consistent with previously existing beliefs about family, market, and state responsibility for care provision. This process of discursive assimilation, of integrating new needs for public provision with more familiar ways of thinking about social welfare, produces claims for entitlements that challenge existing social arrangements but do so within a welfare state framework that conceives of only a minimal role for the state in safeguarding social welfare.