The Alien Child’s Best Interest Ignored: When Notions of Gendered Parenthood Meet Tightening Immigration Policies

ABSTRACT

This article investigates how arguments about the “child’s best interest” are constructed in court decisions on asylum and family reunification in Finland. The article brings together two strands of scholarship that have so far been rather separate from each other, namely that of the literature on family reunification and feminist family studies. Analysis shows that the best interest of the child is insufficiently addressed and other arguments sideline the evaluation of child’s best interest. Gender has an impact as the best interest of the child seems to play a more significant role in relation to motherhood than it does in relation to fatherhood. In general, the court did not deem motherhood or fatherhood central to the child’s development as such, but rather as something that became central if it could not be performed properly due to other reasons than separation. Considerations such as ties to either Finland or the country of origin, as well as the income requirement, can become factors that override the potential separation from a parent. Finally, the results are also compared to the child’s best interest evaluation in out-of-home placement cases from the same courts. Our analysis shows a stark contrast between these two types of cases. We show that whenever a child’s case falls under immigration law, even when simultaneously being handled within the framework of child protection, the main deciding factor is not the best interest of the child. Alien affairs are decided based on—almost solely—factors other than the child’s best interest, while the same Supreme Administrative Court rules on child welfare cases based on a very different interpretation of child’s best interest.     

‘Not Simple,Not Pure’: Revisioning of Mythical Wicked Women in the Stories of Sara Maitland

The British novelist, feminist and religious thinker Sara Maitland (b.1950) is renowned for her short stories, many of which involve the rewriting of fairy tale and classical and biblical myth. This article situates Maitland's retellings within the contemporary feminist tradition of literary revisioning, but emphasises that her retelling of old tales is distinguished by a deep—and often discomforting—engagement with questions of morality. This is rooted in Maitland's political commitment and Christian faith, and is particularly evident in her treatment of mythical female evil. Her short stories take a morally ambiguous approach, paying attention to the moral and psychological complexities of the wicked stepmothers in fairy tale, gorgons and child-killers of classical myth, and temptresses of the Hebrew Bible. Maitland's feminist revisioning of mythical wicked women does not flinch from their darkness, or impose simple ethical lessons, but at the same time she is (sometimes horribly) aware of their moral significance. This article examines the portrayal of feminist theology's concept of the ‘female sin’ of passivity in Maitland's revisioning of Delilah (in Daughter of Jerusalem, 1978) and ‘Helen of Troy's Aerobics Class’ (in On Becoming A Fairy Godmother, 2003); how the crimes of mythical wicked women are retold as being motivated by revenge against men in ‘Deborah and Jael’ (Daughter of Jerusalem), ‘Siren Song’ and ‘The Swallow and the Nightingale’ (Far North and Other Dark Tales, 2008). The latter of these raises issues of women's conflicting loyalties, which is also considered in ‘The Swans’ (2008). The taboos of incest and child abuse are explored powerfully and sensitively in ‘Jocasta’ (2003) and ‘The Wicked Stepmother's Lament’ (A Book of Spells, 1987), and resistance to simplistic moralising is encapsulated in the story of a menopausal Eve, in ‘Choosing Paradise’ (2003).     

‘I do not have the means to speak:’ educating youth for citizenship in post-conflict Liberia

Although policymakers stress the importance of education in promoting peace, little research examines the ways that schools prepare students affected by conflict to participate in the restoration of peace in their political community. Post-conflict societies experience severe challenges in strengthening political processes and social cohesion. This paper discusses citizenship education at a school run by a non-governmental organization near Monrovia, Liberia, examining the implemented curriculum in an 8th grade civics classroom. The paper details the ways that young people expressed civic critiques within the classroom, and provides a counterstory to narratives of harsh and violent educational environments in the region. This classroom was a space where students and their teacher engaged in talk about contentious issues: students discussed corruption and injustice, and highlighted the relationship between economic and political power. I argue that if the goal of education is to produce engaged, effective citizens, teachers should have pedagogic support to confront the differences between the implemented curriculum and students’ lived experiences. Peace education in such contexts must include equipping students to seek justice. Furthermore, because possibilities for civic education are embedded in students’ local and national contexts, current global civic education initiatives must be adaptive to local realities.     

Peace education in Israel: an educational goal in the test of reality

Peace education is considered a necessary element in establishing the social conditions required for promoting peace-making between rival parties. As such, it constitutes one of Israel’s state education goals, and would therefore be expected to have a significant place in Israel’s educational policy in general and in response to peace moves that have occurred during the Arab–Israeli conflict since the 1970s in particular. This article reviews the educational policy actually applied by Israel’s state education over the years as reflected in formal educational programs and school textbooks, and suggests that although some significant changes have taken place over time, there has been and still is a significant gap between the stated goal and the practice of peace education in Israel. Reasons for this disparity and its implications are discussed and possible directions are proposed for coping with this educational challenge.     

基层法院庭长权责匹配冲突及耦合

司法责任制改革取消了庭长审批权,实现了权力下沉至一线法官的目的,但同时庭长却面临着不愿管、不善管的困境。其直接原因在于庭长权责匹配冲突,即权力小、责任大。具体表现为多重角色赋予其所承担的政治责任、基于法院目标管理带来的行政责任以及法官身份回归而需承担的法律责任,但并未赋予相应的权力。造成权责匹配冲突的根源在于在去行政化过程中对权力关系的简单化处理,导致法院外部压力型任务注入与内部平权式治理之间的矛盾;法院功能的超载化,扩充了法院管理的范围。权责冲突带来了负面效应,包括权力的非正式运作,不善管;逆向激励,痕迹化监督与策略性监督,不愿管。要改变这种状态需要从制度保障、动力机制、信息基础、关键因素四个方面入手。     

When Do Men Represent Women’s Interests in Parliament? How the Presence of Women in Parliament Affects the Legislative Behavior of Male Politicians

This paper analyzes the conditions affecting male Members of Parliaments’ (MPs) proclivity for representing women’s interests. It particularly explores whether the presence of female MPs has an effect on men’s parliamentary behavior. Three contrasting effects are discussed in the literature: (1) A spillover effect which postulates that men will become more likely to act on behalf of women if the number of female MPs increases, (2) a group‐threat effect which creates a hostile backlash among male MPs, or (3) a specialization effect which makes male MPs less likely to represent women because this is typically seen as a function that should be fulfilled by female MPs. Empirically, this paper analyzes the representation of women’s issues in parliamentary questions tabled in the German Bundestag (1998‐2013) by using automated content analysis. The results support the specialization hypothesis and show that male MPs reduce their intensity of women’s representation if the proportion of female MPs is high.     

Bringing back the issues: Nigeria’s Afrocentric policy under President Olusegun Obasanjo

This article analyses President Obasanjo’s pursuit of Nigeria’s Afrocentric policy. While the general impression has been that Nigeria’s Afrocentric policy succeeded under the civilian administration of Obasanjo, this study contends that the record of performance is mixed. The administration’s diplomatic engagements in Africa produced a number of key upturns such as the deepening of democracy, peace and stability, and development through the framework of NEPAD. On the other hand, there were also major diplomatic setbacks. The study provides explanations for the mixed outcomes to draw important lessons that could aid the design of the policy in the post-Obasanjo era.     

Life Extension: Rolling the Technological Dice

The idea of radically extending average human life expectancy is an ancient one, but for most of human history exceedingly utopian. There is now, however, a revival of that idea, with some scientists and others arguing that it is possible and desirable. But the main problem with most of the life extension enthusiasm is that it is based almost entirely on the desire of some individuals to make it happen. The social consequences of success of such a venture are, however, either ignored altogether or dismissed on the grounds that any problems can be dealt with. In the end, none of our present human and social problems would be helped by radically longer lives and no obvious social benefits have been advanced to support it.

从“救济”到“治理手段”？——当前农村低保政策的实践分析：以河南F县C镇为例

作为国家推行的一项福利政策,农村低保要实现对农村贫困人群的救助。然而,在现实中,低保政策经历了从“绝对贫困”到“相对贫困”、从以户为单位到以人为单位的扭曲和变通,以至低保政策在某种程度上成为了基层政权的一种治理手段,从而背离了政策的本意。事实上,低保政策执行中出现的种种问题既是监管力度不够及制度建设不到位所导致,更与税费改革后乡村组织的治理困境密切关联。在这个意义上,基层政权的治理状况既是保障低保政策能否顺畅执行的根本,也是一个现代国家基本治理能力强弱的重要体现。     

Getting to Peace? Negotiating with the LRA in Northern Uganda

Getting to peace is not a straightforward process. In Uganda, internal conflict has raged for more than 20 years between the Government and the Lord’s Resistance Army. The construction of a comprehensive negotiated settlement is at the mercy of conflicting ideologies and influences at the international, national and grassroots levels. This paper examines the Juba peace talks, the major actors in the negotiation process, and tension between prosecution and amnesty.