WHERE IS THE VILLAGE GOING? MAINTAINING AND INCLUDING CULTURAL STRENGTHS TO PROTECT CHILDREN ORPHANED IN KENYA

This article is the result of a master's thesis about children and their universal right to be included in a family environment. This is not only protected under international law, but also intuitive to human beings. HIV‐AIDS continues to threaten lives of children, particularly in sub‐Saharan Africa in the form of orphaning. Looking at a case study from Kenya, it is revealed that, while legal protection is yet to be fully realized in the state, strong cultural norms of value are alive. Currently, the extended family system is the greatest protection to children orphaned or at risk of being orphaned. However, this system was made invisible in the domestic laws of Kenya under the Children Act 2001. This neglect calls for questions not only regarding the protection cultural norms may offer, according to the best interests of children, but also as to the cultural environment being created with the new law.     

Using the state to change society: The example of ‘domestic violence’

North American research on the policing of ‘domestic violence’ has been very influential among policy makers in Great Britain. In particular, research which purports to verify the deterrence value of arrest has prompted the establishment of over thirty domestic violence units in London and similar initiatives elsewhere in Britain. The paper will outline the nature of the traditional police response to ‘family violence’ in London and the nature of the experimental innovations. Changes in police practice with regard to this type of violence will be put in the context of the organizational constraints and possibilities of policing. Finally, changing police responses to domestic violence will be evaluated in terms of the debate over the possibility of using the state or its organs to achieve social change.     

GRANDPARENT VISITATION RIGHTS

In recent years, legislators in all fifty states have given grandparents rights to petition for visitation privileges with grandchildren that can be enforced over parental objections. Grandparent visitation rights reflect an effort to protect meaningful relationships children enjoy with nonparental caregivers, enlist the assistance of extended family when the child's nuclear family is disrupted, and defend the interests of grandparents themselves. This psycholegal analysis explores the direct and indirect consequences of grandparent visitation statutes for family functioning. Statutory provisions are summarized, and the effects of these statutes are evaluated in light of what is known about the role of grandparents in child development, how courts evaluate children's "best interests" in grandparent visitation disputes, and how these statutes can alter family functioning in informal ways. The authors conclude that there are risks as well as benefits to children and families in grandparent visitation statutes, and suggest directions for procedural and statutory reform.