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。     

Ice Ice Baby: The De Facto Termination of Parental Rights by an Enforcement Agency

The current administration's zero tolerance stance on illegal immigration has resulted in the separation of thousands of families and the de facto termination of parental rights. While undocumented parents were always at risk of detainment, expanded immigration enforcement under the Trump administration has greatly increased that risk. Detainment has directly and indirectly resulted in the prolonged separation of parents from their children. This Note proposes a Department of Homeland Security Regulation that will require ICE to use the least restrictive methods to achieve its goals while emphasizing efforts to keep families together.     

悖信援引时效抗辩权的法律规制

义务人实施一定言行导致权利人合理信赖诉讼时效不会成为其行使权利的障碍,其后义务人援引时效抗辩权的,构成悖信援引行为。我国现行法框架下对于悖信援引行为的法律规制,难以通过起算、中断等规则予以解决,而应当适用诚实信用原则或禁止权利滥用原则限制此类援引行为。司法实务中适用诚实信用原则或禁止权利滥用原则处理时效援引争议的典型案例包括:义务人恶意躲避权利人、双方存在长期合作关系使权利人产生合理信赖、时效期间届满后双方进行某种形式的磋商等。对于司法实务中某些误用此二原则的裁判意见,应当尽量予以纠正和避免。     

(Re)centering street harassment – an appraisal of safe cities global initiative in Delhi,India

Abstract

In 2012, New Delhi (India) was catapulted into the global limelight for the brutal gang rape of a 23-year old woman travelling in a bus. This wasn’t the first time that sexual violence had been perpetrated on the streets of Delhi and nor would it be the last. Yet this universal fact of everyday violence in public spaces particularly streets, though acknowledged by activists and feminists, has been examined minimally in academic scholarship. Further, even though the United Nations has been instrumental in foregrounding gender-based violence as a critical human rights issue, it has only recently turned its attention to street harassment through its ‘Safe Cities Global Initiative’. Therefore, in this paper, we trace how a routine but understudied form of violence becomes central to United Nations’ agenda to eliminate violence against women. By specifically, analysing the Delhi Safe Cities programme as a case study, our second contribution lies in examining the adequacy of the contemporary Safe Cities framework as a model for addressing sexual violence in public space. We conclude the paper by offering critical conceptual and methodological recommendations to further strengthen the framework.     

The origins and politics,campaigns and demands by the international fisher peoples’ movement: an Indigenous perspective

Abstract

This reflective contribution discusses the intersection of Indigenous and Small Scale Fisheries’ (SSF) issues, and how the international SSF movement has a critical role in the broader struggle for the convergence of social justice regarding the environment, food and lifeways. I explore some of the political tensions around Indigenous and SSF struggles against global neoliberalisation of land and water resources, some of the successes and challenges of the international SSF movement, and future considerations for academic/activist ‘decolonising’ work.     

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.

The quest for inclusion and citizenship in Ghana: challenges and prospects

Ghana's tortuous journey to democracy received a major boost in the year 2006 with the enactments of two human-rights-related pieces of legislation. In this article the author contends, on the one hand, that the recent enactments of an amendment to the law on representation of the people and the persons with disability law in Ghana constituted a noteworthy landmark in the search for inclusive citizenship. On the other hand, the relation between society and the political authority during the processes of the enactments highlighted characteristics of a post-colonial African state. The author explores the antagonisms that surrounded the enactments of these laws. The article concludes that although the Ghanaian experience represents a new wave of re-thinking of rights in Africa, it also underscores the deep-seated issues of contestation and negotiations that unavoidably accompany the expansion of democracy and extension of rights to the excluded and the marginalized.     

Five Challenges to Legalizing Economic and Social Rights

In recent years, dozens of human rights non-governmental organizations (NGOs) across the globe have begun to advocate for economic and social rights, which represents a significant expansion of the human rights movement. This article investigates a central strategy that NGOs have pursued to realize these rights: legalization. Legalization involves specifying rights as valid legal rules and enforcing them through judicial or quasi-judicial processes. After documenting some of the progress made toward legalization, the article analyzes five unique challenges involved in legalizing economic and social rights. It is important to identify these challenges because they must be overcome if the human rights movement wishes to refute the notion that economic and social rights are inherently non-justiciable (and therefore, to some, invalid as rights). These challenges also point to the possibility that legalization is not the only, or even the best, strategic pathway to realize economic and social rights effectively.