The Status Shift of Refugee Children in Settlement: An Analysis of the Norwegian Context

2010 ◽  
Vol 18 (3) ◽  
pp. 437-456 ◽  
Author(s):  
Josée Archambault

AbstractDrawing on the Norwegian context of the settlement of refugee families who have been granted a residence permit after applying for asylum, this article looks at how the incorporation of children's rights into domestic immigration policies appears to offer asylum-seeking children a better entry as 'active citizens' than is offered to their parents in the early stages of asylum. Later on during the asylum process, once families obtain a residence permit along with the right to settle, the focus of welfare policies shifts toward the emancipation of adults' integration as active new citizens. The article explores the reasons for that shift and identifies how the special status of refugee children seems to go off at a tangent when their whole family officially settles in the country. This transitional process highlights the duality between the state's recognition of the responsibility of parents, and the recognition of the rights of children as individuals.

2014 ◽  
Vol 4 (01) ◽  
pp. 92-111
Author(s):  
Sukamto Sukamto

Abstract: Children are human beings who have not reached adulthood. They have right to live safely and comfortably and to avoid violence. In reality, it is often encountered a violence on children. There are several factors of violence against children, namely: first, a ‘perception’ that sees the status of parents who occupy an important role in social life of children. The relationship between children and parents has a strong emotional bond; second, with regard to the above ‘perception’, of course, it has a very complex implication at all, including the unbalanced relationship between children and parents, the emergence of violence against children by their own parents; third, a system and tradition, that have been embraced by the paternalistic people, becomes the reason to put the children’s status under that of the parents. To provide protection for children, the Indonesian government has made Undang-Undang on children protection, as outlined in Undang-Undang No. 23 tahun 2002. It can generally be classified as follows: first, the right of survival; second, the right of growth and development; third, the right to get protection includes protection against discrimination, abuse and neglect, protection for children without family and protection for refugee children; and fourth, the right of participation which includes the right to express their opinion/view in all matters relating to the fate of the children.Keywords: Violence, protection, child, socio-juridical


2020 ◽  
Vol 22 (4) ◽  
pp. 6-16
Author(s):  
SERGEY V. PCHELITSEV ◽  
◽  
NATALIA M. ISAYEVA ◽  

On July 4, 2020, the provisions of the Constitution of the Russian Federation, provided for in Article 1 of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation No. 1-FKZ of March 14, 2020, «On improving the regulation of certain issues of the organization and functioning of public authorities» came into force. In this regard, it is important to improve federal legislation in order to bring it in line with the Constitution of the Russian Federation. It is necessary to amend a number of legislative acts of the Russian Federation defining the status of persons holding public office, including federal constitutional laws. For example, Federal law No. 79-FZ of 27 July 2004 “On the state civil service of the Russian Federation” appears to require a number of changes. First of all, it is necessary to clarify the duties of a state civil servant related to the presence (acquisition) of citizenship of a foreign state or a residence permit or other document confirming the right to permanent residence of a citizen of the Russian Federation on the territory of a foreign state. The restrictions provided for by the new provisions of the Constitution of the Russian Federation for civil servants need to be promptly incorporated into the legislation of the Russian Federation on the civil service of the Russian Federation.


2017 ◽  
Vol 14 (2) ◽  
pp. 109-120
Author(s):  
T N Sithole ◽  
Kgothatso B Shai

Awareness of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW 1979) and the Convention on the Rights of the Child (CRC 1989) is relatively high within academic and political circles in South Africa and elsewhere around the world. In South Africa, this can be ascribed mainly to the powerful women’s lobby movements represented in government and academic sectors. Women and children’s issues have been especially highlighted in South Africa over the last few years. In this process, the aforementioned two international human rights instruments have proved very useful. There is a gender desk in each national department. The Office on the Status of Women and the Office on Child Rights have been established within the Office of the President, indicating the importance attached to these institutions. These offices are responsible for co-ordinating governmental efforts towards the promotion and protection of women and children’s rights respectively, including the two relevant treaties. Furthermore, there is also a great awareness amongst non-Governmental Organisations (NGOs) in respect of CEDAW and CRC. This can be ascribed mainly to the fact that there is a very strong women’s NGO lobby and NGOs are actively committed to the promotion of children’s rights. Women are increasingly vocal and active within the politics of South Africa, but the weight of customary practices remains heavy. The foregoing is evident of the widening gap between policy theory and practice in the fraternity of vulnerable groups – children and women in particular.


Author(s):  
Yaroslav Skoromnyy ◽  

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».


Author(s):  
Mark Hill QC

This chapter focuses on the clergy of the Church of England. It first explains the process of selection and training for deacons and priests, along with their ordination, functions, and duties. It then considers the status and responsibilities of incumbents, patronage, and presentation of a cleric to a benefice, and suspension of presentation. It also examines the institution, collation, and induction of a presentee as well as unbeneficed clergy such as assistant curates and priests-in-charge of parishes, the authority of priests to officiate under the Extra-Parochial Ministry Measure, the right of priests to hold office under Common Tenure, and the role of visitations in maintaining the discipline of the Church. The chapter concludes with a discussion of clergy retirement and removal, employment status of clergy, vacation of benefices, group and team ministries, and other church appointments including rural or area deans, archdeacons, diocesan bishops, suffragan bishops, and archbishops.


Genealogy ◽  
2021 ◽  
Vol 5 (3) ◽  
pp. 60
Author(s):  
Anna Miglietta ◽  
Barbara Loera

We analyzed the relationship between modern forms of populism and citizen support for exclusive welfare policies and proposals, and we focused on support for left-wing- and right-wing-oriented welfare policies enacted or proposed during the Lega Nord (LN)–Five Star Movement (FSM) government in Italy (2018–2019). In light of the theoretical perspective of political ideology as motivated by social cognition, we examined citizens’ support for the two policies considering adherence to populist attitudes, agreement on the criteria useful to define ingroup membership, and personal values. We also took into account the role of cognitive sophistication in populism avoidance. A total of 785 Italian adults (F = 56.6; mean age = 35.8) completed an online survey in the summer of 2019 based on the following: support for populist policies and proposals, political ideologies and positioning, personal values, and ingroup boundaries. We used correlation and regression analyses. The results highlight the relationships between populism and political conservatism. Populism was related to the vertical and horizontal borders defining the “people”; cognitive sophistication was not a relevant driver. We identified some facilitating factors that could promote adherence to and support for public policies inspired by the values of the right or of the left, without a true ideological connotation.


2021 ◽  
pp. 001041402199716
Author(s):  
Winston Chou ◽  
Rafaela Dancygier ◽  
Naoki Egami ◽  
Amaney A. Jamal

As populist radical right parties muster increasing support in many democracies, an important question is how mainstream parties can recapture their voters. Focusing on Germany, we present original panel evidence that voters supporting the Alternative für Deutschland (AfD)—the country’s largest populist radical right party—resemble partisan loyalists with entrenched anti-establishment views, seemingly beyond recapture by mainstream parties. Yet this loyalty does not only reflect anti-establishment voting, but also gridlocked party-issue positioning. Despite descriptive evidence of strong party loyalty, experimental evidence reveals that many AfD voters change allegiances when mainstream parties accommodate their preferences. However, for most parties this repositioning is extremely costly. While mainstream parties can attract populist radical right voters via restrictive immigration policies, they alienate their own voters in doing so. Examining position shifts across issue dimensions, parties, and voter groups, our research demonstrates that, absent significant changes in issue preferences or salience, the status quo is an equilibrium.


2004 ◽  
Vol 37 (2-3) ◽  
pp. 299-345 ◽  
Author(s):  
Yoram Rabin ◽  
Yuval Shany

AbstractThis article addresses the constitutional discourse surrounding the status of economic and social rights in Israel. It examines the principal interpretive strategies adopted by the Supreme Court with regard to the 1992 basic laws (in particular, with respect to the right to human dignity) and criticizes the Court's reluctance to apply analogous strategies to incorporate economic and social rights into Israeli constitutional law. Potential explanations for this biased approach are also critically discussed. The ensuing outcome is a constitutional imbalance in Israeli law, which perpetuates the unjustified view that economic and social rights are inherently inferior to their civil and political counterparts, and puts in question Israel's compliance with its obligations under the International Covenant of Economic, Social and Cultural Rights. At the same time, encouraging recent Supreme Court decisions, particularly the YATED and Marciano judgments, indicate growing acceptance on the part of the Court of the role of economic and social rights in Israeli constitutional law, and raise hopes for a belated judicial change of heart concerning the need to protect at least a ‘hard core’ of economic and social rights. Still, the article posits that the possibilities of promoting the constitutional status of economic and social rights through case-to-case litigation are limited and calls for the renewal of the legislation procedures of draft Basic Law: Social Rights in the Knesset.


2021 ◽  
Author(s):  
Yamini Aiyar ◽  
Vincy Davis ◽  
Gokulnath Govindan ◽  
Taanya Kapoor

The study was not designed to undertake an evaluation of the success or failure of reform. Nor was it specifically about the desirability or defects of the policy reform choices. It took these reform choices and the policy context as a given. It is important to note that the Delhi reforms had its share of criticisms (Kumar, 2016; Rampal, 2016). However, our goal was not to comment on whether these were the “right” reforms or have their appropriateness measured in terms of their technical capability. This study sought to understand the pathways through which policy formulations, designed and promoted by committed leaders (the sound and functional head of the flailing state), transmit their ideas and how these are understood, resisted, and adopted on the ground. In essence, this is a study that sought to illuminate the multifaceted challenges of introducing change and transition in low-capacity settings. Its focus was on documenting the process of implementing reforms and the dynamics of resistance, distortion, and acceptance of reform efforts on the ground. The provocative claim that this report makes is that the success and failure, and eventual institutionalisation, of reforms depend fundamentally on how the frontline of the system understands, interprets, and adapts to reform efforts. This, we shall argue, holds the key to upending the status quo of “pilot” burial grounds that characterise many education reform efforts in India. Reforms are never implemented in a vacuum. They inevitably intersect with the belief systems, cultures, values, and norms that shape the education ecosystem. The dynamics of this interaction, the frictions it creates, and reformers’ ability to negotiate these frictions are what ultimately shape outcomes. In the ultimate analysis, we argue that reforming deeply entrenched education systems (and, more broadly, public service delivery systems) is not merely a matter of political will and technical solutions (although both are critical). It is about identifying the points of reform friction in the ecosystem and experimenting with different ways of negotiating these. The narrative presented here does not have any clear answers for what needs to be done right. Instead, it seeks to make visible the intricacies and potential levers of change that tend to be ignored in the rush to “evaluate” reforms and declare success and failure. Moving beyond success to understand the dynamics of change and resistance is the primary contribution of this study.


Jurnal Akta ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 277
Author(s):  
Muhammad Madih ◽  
Munsharif Abdul Chalim

Marriage is a bond between man and woman which is also the religion of Islam is a way of worship, that in the community there is monogamy: one husband and one wife, but there are also polygamous marriage is one man with more than one wife with their applicable laws and regulations for implementation. The purpose of this study was to: 1) To determine the function of the marriage covenant can provide legal protection of the rights wife and children in polygamous marriages. 2) To determine the right of wife and children in polygamous marriages. 3) To know the legal remedies can be done to determine the rights of wives and children in polygamous marriages. Based on the results of data analysis concluded that: 1) The function of the marriage contract may provide legal protection of the rights of the wife and children in polygamous marriages as a certainty or limitation of rights received by his wife and children during the marriage took place and as a measure for husbands to act fairly in polygamous marriages , 2) The position of the right wife and children in polygamous marriages, namely the right wife by the husband proportionate balanced well after their second marriage and so are the rights of children still get their right in accordance with the provisions of the Act. 3) Remedies that can be done to determine the right istir and children in polygamous marriages with authentic mating agreements made governing the boundary between the rights and obligations of husband and wife in a polygamous marriage.Keywords: Marriage; Polygamy; Marriages Agreement; Wife and Children's Rights.


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