All in the (Definition of) Family: Transnational Parent–Child Relationships, Rights to Family Life, and Canadian Immigration Law

2021 ◽  
pp. 0192513X2110544
Author(s):  
Melissa Redmond ◽  
Beth Martin
Keyword(s):  
Family Life ◽  
Academic Research ◽  
Best Interests ◽  
Immigration Policies ◽  
Human Right ◽  
Canadian Immigration ◽  
Definition Of ◽  
The Right ◽  
Parent Child Relationships ◽  
Parent Child

International human rights conventions, Canadian law and academic research all support the right to family life. Internationally and domestically, multiple definitions of family are recognized, acknowledging that long-term interpersonal commitments can be based on biological relationships as well as co-residential, legal, and emotional ties. Yet, the Canadian immigration system’s limited and exclusionary understanding of parent–child relationships complicates migrant family reunification. Drawing on qualitative interview and survey data from separated families and key informants who support them, we analyze national status and class assumptions embedded in Canadian immigration standards. We argue that Canadian immigration policies disproportionately deny the right to family life to transnational Canadians and their children who hail from the Global South and/or who are socio-economically disadvantaged. Immigration policies neither recognize the globally accepted “best interests of the child” welfare standard nor the human right to family life. We offer suggestions for addressing these inequities in practice and policy.

Governing Fake News: The Regulation of Social Media and the Right to Freedom of Expression in the Era of Emergency

2021 ◽  
pp. 1-41
Author(s):  
Donato VESE
Keyword(s):  
Social Media ◽  
Freedom Of Expression ◽  
Self Regulation ◽  
Public Law ◽  
Fake News ◽  
Human Right ◽  
Social Media Platforms ◽  
Definition Of ◽  
The Right ◽  
Media Censorship

Governments around the world are strictly regulating information on social media in the interests of addressing fake news. There is, however, a risk that the uncontrolled spread of information could increase the adverse effects of the COVID-19 health emergency through the influence of false and misleading news. Yet governments may well use health emergency regulation as a pretext for implementing draconian restrictions on the right to freedom of expression, as well as increasing social media censorship (ie chilling effects). This article seeks to challenge the stringent legislative and administrative measures governments have recently put in place in order to analyse their negative implications for the right to freedom of expression and to suggest different regulatory approaches in the context of public law. These controversial government policies are discussed in order to clarify why freedom of expression cannot be allowed to be jeopardised in the process of trying to manage fake news. Firstly, an analysis of the legal definition of fake news in academia is presented in order to establish the essential characteristics of the phenomenon (Section II). Secondly, the legislative and administrative measures implemented by governments at both international (Section III) and European Union (EU) levels (Section IV) are assessed, showing how they may undermine a core human right by curtailing freedom of expression. Then, starting from the premise of social media as a “watchdog” of democracy and moving on to the contention that fake news is a phenomenon of “mature” democracy, the article argues that public law already protects freedom of expression and ensures its effectiveness at the international and EU levels through some fundamental rules (Section V). There follows a discussion of the key regulatory approaches, and, as alternatives to government intervention, self-regulation and especially empowering users are proposed as strategies to effectively manage fake news by mitigating the risks of undue interference by regulators in the right to freedom of expression (Section VI). The article concludes by offering some remarks on the proposed solution and in particular by recommending the implementation of reliability ratings on social media platforms (Section VII).

Theories of the food insecurity ‘problem’ and the right to food ‘solution’

2017 ◽  
Author(s):  
Hannah Lambie-Mumford
Keyword(s):  
Food Insecurity ◽  
Food Systems ◽  
Social Protection ◽  
Social Acceptability ◽  
Human Right ◽  
Right To Food ◽  
The Social ◽  
Definition Of ◽  
The Right ◽  
Sufficient Food

Chapter 3 sets out the key theories with which the book engages: food insecurity and the human right to food. Following on from a conceptualisation and definition of food insecurity, the right to food is introduced. Emphasis is placed on normative element of ‘adequacy and sustainability of food availability and access’ and on the state’s obligation to ‘respect, protect and fulfil the right to food’. Theories of ‘othering’ and ‘agency’ are employed to assess the social acceptability of emergency food systems as a means of acquiring food, and the power of providers to make sufficient food available through these systems and of potential recipients to access it. Theories of ‘care’ and ‘social protection’ are employed to explore the ways in which charitable providers are in practice taking responsibility for the duty to respect, protect and fulfil the right to food and how shifts in welfare policy are affecting need for this provision.

scholarly journals Thirty Years of Research on Children’s Rights in the Context of Migration

2020 ◽  
Vol 28 (1) ◽  
pp. 36-65
Author(s):  
Ruth Brittle ◽  
Ellen Desmet
Keyword(s):  
Academic Research ◽  
Children's Rights ◽  
Migrant Children ◽  
Children’S Rights ◽  
Best Interests ◽  
Cultural Rights ◽  
Economic Migration ◽  
International Refugee Law ◽  
And Migration ◽  
The Right

This article presents a tentative analysis of 30 years of academic research in the field of children’s rights and migration (1989–2019). Much research has addressed the plight of unaccompanied, refugee and asylum-seeking children, trying better to link children’s rights considerations with international refugee law. Many publications address the best interests of the child principle and the right to be heard. Most research focuses on (migration towards) Europe. This has led to an increased visibility and recognition of children’s rights in the context of migration. However, there are still various blind spots in the research reviewed. Most research focuses on some children, but not all (e.g., accompanied children), on some rights, but not all (e.g., economic, social and cultural rights), and on some types of migration, but not all (e.g., economic migration). Moreover, refugee and migrant children tend to be studied as a group, which risks reducing attention for their internal diversity.

scholarly journals The Rights of Intersex Persons to Establish a Family under Albanian Law. Practice of the ECHR

2015 ◽  
Vol 5 (2) ◽  
pp. 137
Author(s):  
Dr.Sc. Jorida Xhafaj
Keyword(s):  
Human Rights ◽  
Family Relationships ◽  
Family Life ◽  
National Legislation ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Legal Provisions ◽  
European Court ◽  
Definition Of ◽  
The Right

identity is the way in which a person is self-identified with a gender category, as for example to be female or male, or in some cases intersex, which is none of the distinguishable biological sexes. In principal, intersex persons are part of the society with their rights and obligations, which are not the same with those of the other members of society, in special areas of life.This paper aims to treat the right of intersex persons to marriage and to establish a family. The paper begins with an overview of definition of intersex persons, their rights, and focuses primarily on the right to establish a family.The right for a family life has found protection in the Albanian national legislation. The Constitution of theRepublicofAlbaniaof 1998 in its Article 53 stipulates that "everyone has the right to marry and have a family" establishing the principle of equality before the law, closely linked to the principle of non-discrimination. The legal provisions set a controversial position on the right to get married and to establish family relationships of the intersex persons, which is based on different arguments.For the purposes of the research, we aim also to compare the national legislation with the European principles and practice of the European Court of Human Rights (hereinafter referred as ECHR). The paper also includes the opinions and recommendations of Albanian institutions, as well as those of foreign ones, mainly European, in the area of human rights protection, and especially regarding the rights of the intersex persons.

scholarly journals The Fundamental Human Right to Marry and to Family Life and their Protection in the Legal Framework of the Republic of Macedonia

2017 ◽  
Vol 7 (1) ◽  
Author(s):  
M.Sc. Albana Metaj-Stojanova
Keyword(s):  
Family Life ◽  
Nuclear Family ◽  
Legal Framework ◽  
Human Right ◽  
Family Structures ◽  
Degree Of Protection ◽  
Republic Of Macedonia ◽  
The Family ◽  
The Republic ◽  
The Right

The right to family life is a fundamental human right, recognized by a series of international and European acts, which not only define and ensure its protection, but also emphasize the social importance of the family unit and the institution of marriage. The right to family life has evolved rapidly, since it was first introduced as an international human right by the Universal Declaration of Human Rights (UDHR). The family structure and the concept of family life have changed dramatically over the last few decades, influenced by the everchanging social reality of our time and the decline of the institution of marriage. Aside from the traditional European nuclear family composed of two married persons of opposite sex and their marital children, new forms of family structures have arisen. LGTB families are at the centre of the ongoing debate on re-defining marriage and the concept of family life. The aim of this paper is to analyse the degree of protection accorded to family life and to the right to marry, which has long been recognized as one of the vital personal rights essential to the pursuit of happiness by free men by both, international acts ratified by the Republic of Macedonia and the legal system of the country. The methodology applied is qualitative research and use of the analytical, historical and comparative methods. The paper concludes that in general Republic of Macedonia has a solid legal framework, in compliance with the international law, that protects and promotes the right to family life.

Is joint physical custody in the best interests of the child? Parent–child relationships and custodial arrangements

2019 ◽  
Vol 36 (11-12) ◽  
pp. 3752-3772
Author(s):  
Kim Bastaits ◽  
Inge Pasteels
Keyword(s):  
Best Interests ◽  
Parent Child Relationship ◽  
Data Set ◽  
Child Relationship ◽  
Sole Custody ◽  
Joint Physical Custody ◽  
Parent Child Relationships ◽  
Maternal Custody ◽  
Physical Custody ◽  
Parent Child

When thinking about custodial arrangements after a divorce, there has been a shift from sole custody (mainly by mothers) to joint physical custody after a divorce. In certain countries, joint physical custody has even become the primary, legal custodial arrangement. Joint physical custody, whether implemented in legislation or not, is believed to be in the best interests of the child, as children can shape a postdivorce relationship with both their mother and father. Nevertheless, many studies on joint physical custody focus only on child outcomes. This study aims to investigate (1) whether custodial arrangements matter in addition to the parental divorce for parent–child relationships and (2) whether joint physical custody provides a better framework for parent–child relationships than sole custody arrangements. The study adds to the existing literature by including both the mother–child relationship and the father–child relationship. Moreover, joint physical custody is not only compared to sole maternal custody, but also to sole paternal custody. Using a dyadic subsample of Belgian parents and children from the Divorce in Flanders data set ( N = 623), we compare two indicators of the parent–child relationship (parent–child communication and parenting) for children with married parents, with children in joint physical custody, sole maternal custody, and sole paternal custody. The results indicate that (1) the custodial arrangements after divorce affect parent–child relationships, in addition to the divorce, with regard to both open and problematic father–child communications and the support and control of children by mothers and fathers; and (2) joint physical custody, compared with sole custody (either by the mother or father), provides a better framework to shape a postdivorce parent–child relationship with both parents in terms of open communications and support.

The Right to Belong and Immigration: A Feminist Pragmatist Analysis

2019 ◽  
Vol 16 (2-3) ◽  
pp. 268-285
Author(s):  
Barbara J. Lowe
Keyword(s):  
Human Rights ◽  
United Nations ◽  
John Dewey ◽  
The Self ◽  
Human Being ◽  
Human Flourishing ◽  
Human Right ◽  
Jane Addams ◽  
Definition Of ◽  
The Right

The “right to belong” is a human right in two ways. First, there is the right to belong in a limited sense, i.e., to the extent necessary for individuals to secure all other human rights, such as those recognized by the United Nations Universal Declaration of Human Rights. Second, there is a deeper aspect of the right to belong, that which is necessary to flourish as a human being. To establish, first, that the right to belong in a limited sense should be a human right, I draw upon Hannah Arendt’s claim that stateless persons are without rights, as only communities can grant them. I argue that this limited level of belonging is a necessary but insufficient condition for human flourishing. Full human flourishing requires belonging on a deeper level. To articulate the nature of this deeper level of belonging I draw on Simone Weil’s definition of the “need for roots” and John Dewey and Jane Addams’ constructions of the self as social. I then show how “belonging” in a deeper sense necessarily connects with how a person is perceived and received by individuals and institutions in a community and argue that full perception by and participation in a community is necessary for humans to flourish. Thus, the right to belong imposes an ethical obligation on other members of the community to perceive undocumented immigrants as full human persons with the potential to lead flourishing lives.

Conclusion

2017 ◽  
Author(s):  
Hannah Lambie-Mumford
Keyword(s):  
Human Right ◽  
Right To Food ◽  
Policy Makers ◽  
Political Role ◽  
The Third ◽  
Current Context ◽  
Food Provision ◽  
Definition Of ◽  
The Uk ◽  
The Right

Chapter 8 focuses on the consequences of the rise of emergency food provision for the progressive realisation of the human right to food in the UK. The chapter discusses the opportunities that the right to food approach provides and its appropriateness in the current context and sets out three key conclusions. The first is that there is a need to challenge minimalist approaches to the definition of food insecurity, ways in which responses are framed and solutions understood. The second conclusion relates to the importance of rights-based policies to move us forward from the current situation, where the findings suggest there is an increasing reliance on emergency food provision in the context of a retrenched welfare state. The third conclusion relates to the important social and political role emergency food charities could have in the realisation of the right to food. The conclusion chapter ends with recommendations for a range of stakeholders including emergency food charities, policy makers, NGOs, the food industry, communities and individuals and researchers.

The Right to respect for Family Life of Children of imprisoned Parents

2016 ◽  
Vol 24 (1) ◽  
pp. 204-230 ◽  
Author(s):  
Stéphanie Lagoutte
Keyword(s):  
Family Life ◽  
Best Interests ◽  
Soft Law ◽  
Rights Of The Child ◽  
The Right

The article builds on a case study of the right to respect for family life of children of imprisoned parents; it analyses the application of the Convention on the Rights of the Child to their situation. It argues that the situation of children must be considered independently from that of their parents in cases which concern decisions regarding their parents (e.g. restricting visits in prison). The article contends that there is a necessity of both increasing the use of soft law standards and, more generally, establishing children-friendly remedies in order to ensure that there is better protection of the best interests of children of imprisoned parents.

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