Institutionalization of Children with Disabilities in Croatia: Social Workers' Perspectives

Abstract

This study aims to advance understanding of social workers’ perceptions of the circumstances necessitating and preventing the placement of children with disabilities (CwDs) in institutions. This retrospective study involved thematic analyses of one focus group (n?=?7) and semi-structured individual interviews (n?=?12). Participants included social work professionals with experience providing welfare services for CwDs and their families. In effort to prevent separation of CwDs from their families, results suggest a need for continued monitoring of deinstitutionalization of CwDs alongside increased availability, accessibility, and quality of childcare, alternative child welfare and family support services.     

农村承包地三权分置制度入典研究

《农村土地承包法修正案》将“三权分置”政策内容上升为法律规定,确立承包地三权分置制度。对解决承包地流转闭锁抵押难行等问题意义重大。却因将承包经营权本集体经济组织内封闭流转以法律固化,新设土地经营权性质不清、类型混合、流转不济,无益承包地债权性与物权性并可市场化开放性流转之“三权分置”目标实现。受其影响,《民法典分编(草案)》亦存同样问题。亟待农村承包地三权分置制度进一步入典完善。在实地调研基础上,遵循《民法总则》落实集体土地所有权前提下,于《民法典分编(草案)》完善中,基于英美地产权客体权益分离理论与大陆法系二次权能分离理论具兼创债权性与物权性经营权功能的地权二次分离理论,在保持土地承包经营权规定不变上,从其客体权益中分离出二元化土地经营权,并分别于合同编增设农地租赁经营合同具体规范债权性经营权、于物权编构造“农用地使用权”科学规范物权性经营权。以利能以债权性经营权顺农地灵活经营实践、物权性经营权应农地抵押及长期经营所需的二元化路径,促现行承包经营权本集体经济组织内封闭流转向派生出的土地经营权市场化开放性流转发展,以实现农村承包地三权分置制度入典达成“三权分置”、“放活土地经营权”之政策目标。     

预告登记权利人“排除异议”的判定——以《异议复议规定》第30条为中心

《异议复议规定》第30条作为预告登记权利人提出案外人异议的审查依据,因其中"排除异议"及"符合物权登记条件"在解释上易生歧义,致实务适用意见不一。依执行理论,除所有权外,何种权利始可排除强制执行,应依实体法之性质、效力及执行目的或方法确定。经预告登记之权利并非实体权利,其性质应为兼具物权性、债权性及从属性的请求权。目前,我国预告登记在强制执行中的效力,立法未臻明确,但结合我国预告登记实体法之"再处分禁止效力"及"不动产登记簿冻结效力",藉由目的解释,应将《物权法》第20条第1款之"处分"进行扩张,使其效力覆盖强制拍卖、变卖等"处分"性执行措施。而案外人据以《异议复议规定》第30条提出异议的,法院不应适用于商品房预售合同备案登记、网签及受让物权预告登记以外的其他预告登记之情形,其"符合物权登记条件"之确认,应参照预告登记转本登记之理论,采实务通说之标准,具化为满足合法有效的商品房买卖合同,已办理预告登记及支付全部价款或依约定支付价款之要件。     

The political economy of labor market deregulation during IMF interventions

This study examines the relationship between policy interventions by the International Monetary Fund (IMF) and de jure labor rights. Combining two novel data sets with unprecedented country-year coverage – leximetric data on labor laws and disaggregated data on IMF conditionality – our analysis of up to 70 developing countries from 1980 to 2014 demonstrates that IMF-mandated labor market policy measures significantly reduce both individual and collective labor rights. Once we control for the effect of labor market policy measures, however, we find that collective labor rights increase in the wake of IMF programs. We argue that this result is explained by the impact of union pressure on governments which, in such a context, are imbued with the policy space to respond to domestic interest groups. The study has broader theoretical implications as to when international organizations are effective in constraining governments’ choices.     

北京市民办幼儿园教职工权益维护路径研究

民办幼儿园教职工队伍已逐步成为我国学前教育的主力军,其权益维护状况直接影响着这支队伍的稳定与发展,由于价值观念、顶层设计、制度落实等方面因素的影响,民办幼儿园教职工队伍存在着不公、不畅、不明朗的障碍,本文从北京市民办幼儿园教职工权益维护面临的就业、收入、安全、保障、参与、职业发展等方面的实际问题入手,通过系统研究分析,提出了相应的政策建议。     

Defending the Egyptian nation: national unity and Muslim attitudes toward the Coptic minority

This article discusses the Muslim discourse concerning the Coptic Christian minority since the 2000s in Egypt. Emphasizing the effects of the January 2011 uprising, the paper analyzes the role of nationalism and the national unity discourse in suppressing the debate regarding discrimination against the Copts. Despite the fissures that were created in the discourse, which rejects any reference to discrimination against the Copts, the Coptic issue remains trapped among the contested interpretations of national unity. All narratives of national unity and Egyptian essence, whether the official one pursued by the regime or the one promoted by pro-democracy activists, require the Copts to suppress their demand for rights for the sake of national unity. Adherence to the national unity discourse by all forces precludes the possibility of developing a form of nationalism or a national culture which embodies pluralism of identities and cultures and reinforces the role of nationalism as a tool for stifling pluralism and democracy for all Egyptians, whether Muslim majority or minorities.     

On the Rights of Undocumented Children

Changes in immigration laws over the last three to four decades have given rise to unprecedented numbers of undocumented children. However, as others have argued, policies regarding the control of undocumented migration have had deleterious effects on undocumented children and their basic access to social rights. Undocumented youth in the United States can legally attend K-12 education, but cannot legally work, vote, receive financial aid, or drive in most states. Their situation calls for a reexamination of immigration laws and a recasting of the frame that has been used to promote their inclusion.

论村民委员会作为乡村社会维权性组织的可能与路径

“三农”问题的实质是农民权益问题,作为村民自治组织的村民委员会应成为维护乡村社会权益的组织依托;当前在我国乡村治理的实践中,乡村自治性组织的维权性功能存在着缺位、错位和异化的现象,这是由诸多原因造成的;在社会主义新农村建设中应着力构建以保障农民权益为根本的乡村治理新机制,推进乡村自治组织的社会性复归;通过政治环境的发展、制度机制的重构、文化观念的培育,挖掘和塑造村民自治性组织作为村民群众维权性组织的组织资源和实践能力。     

Building the Rule of International Criminal Law: The Role of Judges and Prosecutors in the Apprehension of War Criminals

International criminal tribunals are weak institutions, especially since they do not have their own police forces to execute arrest warrants. Understandably then, much of the existing literature has focused exclusively on pressure from major powers and on changing domestic politics to explain the apprehension of suspected war criminals. In contrast, this article turns attention back to the tribunals themselves. I propose three ways in which the activities of international criminal tribunals impact compliance with arrest warrants: through the selection of individuals to indict, demonstrated leniency on some suspects and outreach to domestic legal professionals. Using a duration model that accounts for sample selection and data collected on the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda, I test these theories alongside other existing explanations. I find that court activities can have an independent effect on the successful implementation of international criminal law.

Asylum,welfare and civil society: a case study in civil repair

This paper examines a civil society challenge to UK government legislation withdrawing welfare support from asylum seekers who do not claim on entry to the country. Drawing on the work of Habermas and Alexander, it considers the role of the courts as a deliberative space and elaborates the scope for civil repair in the case of a group rendered marginal by the law. In so doing, it also suggests how links could be made with the broadened conception of citizenship proposed by Isin and Turner.