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191.
Lorna McGregor 《Contemporary Justice Review》2013,16(2):155-174
States emerging from conflict increasingly seek ways in which to address the violence and human rights abuses of the past in order to move forward into a more peaceful future. The initial responses to mass atrocities were based in legal processes focused on the punishment of the person responsible for the harm. The inadequacy of such an approach resulted in the introduction of a variety of new goals in the transitional period, including the abstract notion of reconciliation which is increasingly advanced as the central goal in dealing with the legacy of the past. This article argues that the failure to examine the relationship between a discourse originally based on human rights and legal approaches and the introduction of reconciliation has only added new challenges rather than resolved existing ones and therefore must be re‐examined. The article also argues that no single approach should take prominence in addressing mass atrocities. Rather a range of options should be available to victims, in particular given the relative youth and inexperience of approaches to violent conflict. 相似文献
192.
《The journal of forensic psychiatry & psychology》2012,23(1):23-31
Abstract The Violence Risk Appraisal Guide (VRAG) is a widely used actuarial risk assessment instrument and has been validated in different countries. However, there is no investigation supporting the predictive accuracy of the VRAG in the German language area. The VRAG scores of 79 violent and sexual offenders in Switzerland were assessed based on data from their psychiatric expert opinions. The VRAG scores were compared to subsequent recidivism as shown in the official criminal records. Consistent with past research in the English language area, the VRAG yielded a satisfying predictive accuracy (ROC area = .73), demonstrating its usefulness for risk assessment of violent delinquency in the Swiss cultural and German language area. 相似文献
193.
194.
Gina Choe 《Family Court Review》2012,50(3):512-526
The Individuals with Disabilities Education Improvement Act (IDEIA) protects foster children's rights to have a special education decision maker. For foster children who do not have a natural or adoptive parent or a responsible adult in their life to take on this role, IDEIA requires that a special education surrogate parent be appointed by appropriate procedures. Under IDEIA, these procedures are delegated to the states. Each state must ensure that local education agencies (LEAs) delineate methods for recruiting and maintaining a pool of available special education surrogate parents. Due to differing state laws and LEA procedures, there are many discrepancies in the quality and availability of special education surrogate parents. To combat these problems, this Note proposes principles for administrative regulations establishing statewide special education surrogate parent programs by examining existing statewide programs. Administered through a state's Department of Education in collaboration with child welfare agencies, statewide special education surrogate parent programs guarantee well‐qualified decision makers who will advocate for all children eligible for special education services. 相似文献
195.
Randi J. O'Donnell 《Family Court Review》2010,48(2):362-379
There are more than half a million children in foster care in the United States. Some of these children are adopted into loving families, but many are considered hard to adopt and never find a permanent family. Research suggests that the outlook for the teens who exit or age out of foster care without a permanent home or a meaningful adult relationship is bleak. They are more likely to face homelessness, joblessness, drug addiction, early pregnancy, mental health problems, and prison time. With such grim statistics, states should explore every possible permanent family resource for youth in foster care. This Note proposes that, in limited circumstances, it is in the best interest of the child to vacate a final order of termination and reinstate parental rights. It calls for states to adopt a model state statute based on the five state statutes currently in place that already allow for the reinstatement of parental rights. 相似文献
196.
John J. Davenport 《Criminal justice ethics》2016,35(1):39-67
This article defends the Responsibility to Protect (R2P) doctrine (adopted by the United Nations in 2005) against critiques by Fabrice Weissman in this journal, and against similar criticisms of humanitarian intervention and human rights norms made by postmodern thinkers in the Nietzschean tradition, such as Alain Badiou and Anne Orford. I argue against Weissman that R2P can be effective in stopping or preventing mass atrocities, and in particular that opposition to military intervention in Syria during the 2013 debates was a terrible mistake. Moreover, the moral ground for humanitarian aid efforts is the same as the basis for forceful rescue from mass slaughter, ethnic cleansing, and persecution (when other conditions of just war can be met). Weissman's critiques misinterpret just war theory on key points and rely on inflated rhetorical strategies inspired by extreme forms of cultural and moral relativism that are intellectually bankrupt—both in blaming “Western imperialism” for most crimes against humanity committed by tyrants, and in leaving hundreds of thousands without the only protection that could prevent their murder and exile. These extreme positions and the strained rhetorical devices used to defend them do not deserve the wide respect they command in some parts of academia. 相似文献
197.
E. Kay M. Tisdall 《社会福利与家庭法律杂志》2016,38(4):362-379
Galvanised by the UN Convention on the Rights of the Child, many jurisdictions now recognise children’s rights to participate in decisions that affect them. While such legal rights have increased, research on family law proceedings shows how children’s views can still be undermined, ignored or not even sought in decisions about them. This article uses the academic resources of childhood studies, to consider dominant and alternative narratives of children’s participation within Scottish family law. Drawing upon reported case law and empirical research, the article concludes that children’s participation gains protection by being institutionalised but children’s participation is attenuated because it is not recognised as relational and contextual. As rationality, consistency and autonomy are privileged, the weight given to children’s views is lessened by concerns about children being manipulated or distressed. Courts and their decisions may be child-focused, centring on children’s welfare, but they are not child-inclusive, involving children in decision-making. 相似文献
198.
Mark O’Brien 《社会福利与家庭法律杂志》2016,38(4):413-429
This paper reflects upon the gross discrepancies between the reassurances given in 2010 by the 2010-2015 UK Coalition Government that their budget and welfare cuts would fall ‘fairly’ across the income spectrum, and the reality of what had happened by the end of that government. It asks how the ‘distributional impact assessment’ provided with the 2010 Comprehensive Spending Review could have been so wrong. In seeking to answer this question, types of systematic bias are considered along with a discussion of ‘marginality’ in assessments of impact. Drawing upon the role of ‘power’ in impact assessment, it traces the ways in which methodological assumptions can eclipse the real life effects of policies behind ‘the average’ as well as by the unfair selection of the ‘unit-of-analysis’. 相似文献
199.
Peter Z. Schochet 《Journal of policy analysis and management》2021,40(1):128-157
Job Corps is the nation's largest and most comprehensive career technical training and education program for at‐risk youth ages 16 to 24. Using the sample from a large‐scale experiment of the program from the mid‐1990s, this article uses tax data through 2015 (20 years later) to examine long‐term labor market impacts. The study finds some long‐term beneficial effects for the older students, with employment gains of 4 percentage points, 40 percent reductions in disability benefit receipt, and 10 percent increases in tax filing rates in 2015. For these students, program benefits exceeded program costs from the social perspective. This study is the first to establish that a national program for disconnected youth can produce long‐term labor market gains, and can be a positive investment made for society. The results suggest that intensive, comprehensive services that focus on developing both cognitive and noncognitive skills are important for improving labor market prospects for this population. 相似文献
200.
ABSTRACTThe empirical assessment of how signatories of human rights conventions comply with their obligations has, so far, yielded conflicting results, especially regarding the compliance mechanisms that are the most promising to ensure improving human rights records. We argue that this is due to the fact that differences in compliance systems have been neglected and that different compliance mechanisms have been assessed in isolation, without considering possible interactions. To analyze this argument, we propose a novel way to assess the effect of these mechanisms by relying on a Markov-transition model. Our results show that human rights violations are time dependent and that the effect of independent variables is conditional on previous human rights violations as well as on the strength of human rights compliance systems. 相似文献