scholarly journals The Child’s Best Interest Principle across Child Protection Jurisdictions

2018 ◽  
pp. 59-88
Author(s):  
Marit Skivenes ◽  
Line Marie Sørsdal
Keyword(s):  
Child Protection ◽  
Best Interest ◽  
Best Interest Principle

scholarly journals Kulturelle verdier og barnevernet: Ulike forståelser av «barnets beste»

2020 ◽  
pp. 89-111
Author(s):  
Mari Rysst
Keyword(s):  
Cultural Values ◽  
Child Protection ◽  
Immigrant Families ◽  
Psychological Anthropology ◽  
Best Interest ◽  
Child Protection Services ◽  
Personal Experiences ◽  
Better Than ◽  
Parenting Values

In this chapter I discuss cultural values related to child protection services (CPS). More precisely, I focus on professionals working in CPS and their relationship and meetings with families of immigrant origins. These meetings often reflect different cultural values and understandings of “the best interest of the child” and may cause tensions and misunderstandings. In the Norwegian CPS system, professionals have to draw on professional and personal experiences in decisions concerning the “best interest of the child”. This chapter uses concepts and perspectives from psychological anthropology to throw light on these processes. This is because these perspectives show how ideas and experiences are internalized and embodied as dispositions in habitus that may motivate certain actions when professionals and immigrant families meet. I also discuss whether some reactions and advice from professionals may be understood as ethnocentric because Norwegian parenting values are presented as “better” than parenting values from other countries.

scholarly journals Å balansere mellom barnevernets prinsipper

2020 ◽  
pp. 49-65
Author(s):  
Grethe Netland
Keyword(s):  
Child Protection ◽  
Reflective Equilibrium ◽  
Best Interest ◽  
Moral Intuitions ◽  
The Core ◽  
Child Protection Service ◽  
Biological Principle ◽  
The Cost

The focus of this chapter is the potential conflicts between the values that are basic in the work of Norwegian child protection service. Such values are expressed in principles that serve as guidelines for judgement and decisions in the field. ‘The best interest of the child’ principle is held to be grounding. The ‘mildest intervention’ principle and the ‘biological’ principle are normally held to be at the core of how the best interest of the child is to be understood. Important in child protection work, is to interpret the principles, weigh them, and consider what implications they should have in specific cases. I argue that if, for some reason, one principle is ascribed too much weigh on the cost of others, the solution for the child might not be in its best interest. I highlight the importance of not only weighing the principles against each other, but also creating a coherent balance between the principles, people’s moral intuitions and the actual practices of the service. To this end, I suggest that John Rawls’s model called reflective equilibrium might be workable.

scholarly journals Protecting the Best Interests of the Child: A Comparative Analysis of the Youth Justice Systems in Ireland, England and Scotland

2010 ◽  
Vol 18 (2) ◽  
pp. 217-231 ◽  
Author(s):  
Raymond Arthur
Keyword(s):  
Young People ◽  
International Law ◽  
Justice System ◽  
Best Interests ◽  
Youth Justice ◽  
Best Interest ◽  
The Republic ◽  
The Government ◽  
Offending Behaviour ◽  
Best Interest Principle

AbstractIn the Republic of Ireland the government has proposed amending the Irish Constitution in order to improve children's rights. In this article I will argue that the proposed amendment represents a serious diminution in the rights historically afforded to young people who offend, disregards Ireland's commitments under international law and also ignores the well established link between child maltreatment and youth offending. The Irish approach echoes developments in the English youth justice system where the welfare concerns of young people who offend have become marginalised. I will compare the Irish and English approaches with the Scottish youth justice system which looks beyond young people's offending behaviour and provides a multi-disciplinary assessment of the young person's welfare needs. I will conclude that in Ireland, and in England, the best interest principle must be applied fully, without any distinction and integrated in all law relevant to children including laws regulating anti-social and offending behaviour.

scholarly journals Filipino Basic Education Teachers’ Awareness of and Attitude Towards the Child Protection Policy

2021 ◽  
Vol 2 (1) ◽  
pp. 39-48
Author(s):  
Cleofe L. dela Fuente
Keyword(s):  
Public Schools ◽  
Child Protection ◽  
Basic Education ◽  
Favorable Attitude ◽  
Best Interest ◽  
Cross Sectional Survey ◽  
Cross Sectional ◽  
Protection Policy ◽  
Significant Difference ◽  
Child Protection Policy

Schools shall be conducive to children’s education, and that the children’s’ best interest shall be the primary consideration in all policies and actions of educational institutions. This descriptive cross-sectional survey gauged the Filipino public school teachers’ awareness of and attitudes towards the child protection policy (CPP). The study involved 99 basic education teachers in select public elementary and secondary schools in Zambales, Philippines. The basic education teachers are aware of the policy, and they have a favorable attitude toward its implementation. No significant difference has been found in their awareness and attitude towards CPP when grouped according to demographics. The study concludes that as the teachers become aware of the policy, they tend to have a more favorable attitude. The study recommends that the teachers be capacitated through continuing professional development programs to provide special protection to children who are seriously susceptible or threatened by situations that distress their normal growth. Further study may also be conducted to probe other CPP dimensions in basic education to come up with relevant and research-based recommendations towards the policy’s improved implementation in the public schools in the Philippine context.

Clinical Opinion Letters Regarding Breastfeeding and Neonatal Abstinence Syndrome for Child Apprehension Family Court Proceedings

2018 ◽  
Vol 35 (2) ◽  
pp. 349-353
Author(s):  
Martha Jane Paynter
Keyword(s):  
Replacement Therapy ◽  
Child Protection ◽  
Best Interests ◽  
Family Court ◽  
Neonatal Abstinence Syndrome ◽  
Abstinence Syndrome ◽  
Opioid Use ◽  
Best Interest ◽  
Rights Of The Child ◽  
Opioid Replacement Therapy

The accelerating reach of opioid use disorder in North America includes increasing prevalence among pregnant people. In Canada, the rate of Neonatal Abstinence Syndrome (NAS) rose 27% between 2012–2013 and 2016–2017, and it is estimated that 0.51% of all infants now experience NAS after delivery. Pregnant people are a priority population for access to opioid replacement therapy programs. Participation in such programs demonstrates significant commitment to self-care among pregnant people and concern for fetal and infant wellbeing. Participation in opioid replacement therapy often results in family surveillance by Child Protection Services and infant apprehension. Children of Indigenous descent are held in foster care at high and disproportionate rates.The Convention on the Rights of the Child principle of Best Interests of the Child governs family law and child access decisions. The value of breastfeeding for all children and in particular for children recovering from NAS can be a consideration in the Best Interest of the Child. Clinicians with expertise in lactation may support the breastfeeding dyad to remain together by preparing Clinical Opinion Letters for the court. This Insights into Policy presents a how-to description of the content of clinical opinion letters in such cases, including context and process considerations, client background, breastfeeding science, and factors specific to neonatal abstinence syndrome.

Ethics of resuscitation for extremely premature infants: a systematic review of argument-based literature

2020 ◽  
pp. medethics-2020-106102
Author(s):  
Alice Cavolo ◽  
Bernadette Dierckx de Casterlé ◽  
Gunnar Naulaers ◽  
Chris Gastmans
Keyword(s):  
Systematic Review ◽  
Premature Infants ◽  
English Language ◽  
Repeated Reading ◽  
Conceptual Scheme ◽  
Best Interest ◽  
Main Concept ◽  
Exclusion Criteria ◽  
Conceptual Schemes ◽  
Best Interest Principle

ObjectiveTo present (1) the ethical concepts related to the debate on resuscitation of extremely premature infants (EPIs) as they are described in the ethical literature; and (2) the ethical arguments based on these concepts.DesignWe conducted a systematic review of the ethical literature. We selected articles based on the following predefined inclusion/exclusion criteria: (1) English language articles (2) presenting fully elaborated ethical arguments (3) on resuscitation (4) of EPIs, that is, infants born before 28 weeks of gestation.AnalysisAfter repeated reading of articles, we developed individual summaries, conceptual schemes and an overall conceptual scheme. Ethical arguments and concepts were identified and analysed.ResultsForty articles were included out of 4709 screened. Personhood, best interest, autonomy and justice were concepts grounding the various arguments. Regarding these concepts, included authors agreed that the best interest principle should guide resuscitation decisions, whereas justice seemed the least important concept. The arguments addressed two questions: Should we resuscitate EPIs? Who should decide? Included authors agreed that not all EPIs should be resuscitated but disagreed on what criteria should ground this decision. Overall, included authors agreed that both parents and physicians should contribute to the decision.ConclusionsThe included publications suggest that while the best interest is the main concept guiding resuscitation decisions, justice is the least important. The included authors also agree that both parents and physicians should be actively involved in resuscitation decisions for EPIs. However, our results suggest that parents’ decision should be over-ridden when in contrast with the EPI’s best interest.

Does Ireland Measure Up?

2018 ◽  
Vol 26 (4) ◽  
pp. 626-663
Author(s):  
Fiona Broughton Coveney
Keyword(s):  
Child Protection ◽  
Prenatal Alcohol Exposure ◽  
Alcohol Exposure ◽  
Legal Interpretation ◽  
Best Interest ◽  
Policy And Practice ◽  
Rights Of The Child ◽  
Law And Policy ◽  
United Nations Convention ◽  
Prenatal Alcohol

This article examines protection rights under the United Nations Convention on the Rights of the Child 1989 (crc) and assesses the extent to which such protection rights are afforded to prenatal children in Ireland in the context of prenatal exposure to alcohol. It follows on from the article, “Overstepping the Mark?” (Broughton, 2016: 687–717) in which the author demonstrates the possibilities for the application of the crc to prenatal children. Within the context of protection rights under the crc, this article examines Irish law and policy on protecting children from prenatal alcohol exposure, through the lenses of both child protection and public policy. The central thesis of the article is that although Irish law has the potential to offer prenatal children crc protection rights from this type of harm, legal interpretation has hindered this potential and legal clarity is now necessary to bolster policy and practice, in the best interest of children.

Rethinking Racine v Woods from a Decolonizing Perspective: Challenging the Applicability of Attachment Theory to Indigenous Families Involved with Child Protection

2019 ◽  
Vol 34 (01) ◽  
pp. 55-78
Author(s):  
Peter W. Choate ◽  
Taylor Kohler ◽  
Felicia Cloete ◽  
Brandy CrazyBull ◽  
Desi Lindstrom ◽  
...  
Keyword(s):  
Child Protection ◽  
Current Knowledge ◽  
Relational Theory ◽  
Truth And Reconciliation Commission ◽  
Aboriginal Peoples ◽  
Royal Commission ◽  
Supreme Court Of Canada ◽  
Best Interest ◽  
Essential Point ◽  
Truth And Reconciliation

AbstractThe 1983 case Racine v Woods is the leading child protection case from the Supreme Court of Canada, distinguishing bonding and/or attachment as a more important determinant of best interest for an Indigenous child than cultural connection. Using this case, courts are upholding the permanent placement of Indigenous children in non-Indigenous homes as opposed to placement within their culture. Racine v Woods reflected knowledge of attachment and family at that time but runs counter to current knowledge. Reconsideration of the factors to decide cross-cultural adoption is needed. The essential point is that attachment assessment draws from a dyadic relational theory and is being applied to communal family systems, such as Indigenous systems. Such a review is consistent with the calls to action of the Truth and Reconciliation Commission (TRC) as well as its predecessor, the Royal Commission on Aboriginal Peoples (RCAP), and recent Canadian Human Rights Tribunal (CHRT) decisions.

Sign in / Sign up

Export Citation Format

Share Document