scholarly journals The rights of children from Gypsy/Traveller and Roma backgrounds in Scotland

2021 ◽  
Keyword(s):  
Human Rights ◽  
Support Needs ◽  
New Paradigm ◽  
Rights Of The Child ◽  
Funded Project ◽  
Scottish Government ◽  
Additional Support ◽  
The Uk ◽  
The Impact ◽  
Emergency Measures

Abstract The Scottish Government has a strong commitment to strengthening children’s human rights, with the aim of making Scotland ‘the best place to grow up and bring up children’. The Education (Scotland) Act 2016 introduced a raft of measures to boost the rights of children with additional support needs (ASN). The programme for government in Scotland, published in September 2020, included a commitment to incorporate the UN Convention of the Rights of the Child into Scottish domestic legislation. In order to examine the extent to which the rights of Gypsy/Traveller children are being respected in practice, this paper draws on an analysis of official statistics conducted as part of an ESRC funded project entitled Autonomy, Rights and Children with Special Needs: A New Paradigm? (ES/P002641/1), which ran from 2018 to 2020. In addition, the paper uses findings from an Independent Children’s Rights Impact Assessment which was carried out in summer 2020 with a view to investigating the impact of the emergency measures implemented during the Covid-19 pandemic. Under the terms of the Coronavirus Act 2020, schools across the UK were closed, with widespread implications for children and young people, particularly those with additional support needs. The central aim of this paper is to explore the impact of the emergency measures on the recently enhanced rights of children with ASN, with a particular focus on the rights of children from Gypsy/Traveller backgrounds. I conclude that people living itinerant lives experience long-standing exclusion from mainstream schooling and wider society, and their marginal status has been reinforced during the recent pandemic when children’s human rights have been side-lined.

Incorporating children’s rights: the divergence in law and policy

Legal Studies ◽  
2007 ◽  
Vol 27 (2) ◽  
pp. 261-287 ◽  
Author(s):  
Jane Williams
Keyword(s):  
Human Rights ◽  
Children's Rights ◽  
Children’S Rights ◽  
European Convention ◽  
England And Wales ◽  
Rights Of The Child ◽  
Law And Policy ◽  
Legislative Framework ◽  
The Uk ◽  
The Impact

The paper examines conceptual barriers to incorporation of children’s rights – understood in the context of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950, the Human Rights Act 1998 and the United Nations Convention on the Rights of the Child 1989 – in the law of England and Wales. It identifies traditions in law and policy on children and young people, and competing political imperatives which militate against effective implementation of children’s rights to protection and provision, but suggests that participative rights pose fewer problems. It argues that the scope for further judicial development is limited in the absence of substantial changes in the legislative framework. It then examines rights-based reasoning in administrative practice and considers the impact here of ideological differences between the UK Government and the Welsh Assembly Government. It considers the scope for differential implementation within the evolving devolution settlement, and the potential impact of such difference on child law and practice in the ‘single jurisdiction’ of England and Wales. It concludes by arguing for greater attention to executive as well as legislative and judicial functions, and to extra-judicial mechanisms, for promoting rights-based decision making.

The Journalist—Source Relationship in Context: A Comparative Review of US and English Law

2009 ◽  
Vol 38 (3) ◽  
pp. 268-294
Author(s):  
Stuart Wallace
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
State Level ◽  
Potential Threat ◽  
Shield Law ◽  
Special Procedure ◽  
European Court ◽  
Comparative Review ◽  
The Uk ◽  
The Impact

This paper analyses the legal protection of the journalist–source relationship from both sides and the underlying interests involved. The paper begins by analysing why the relationship deserves protection. The position of journalists at common law is analysed with a discussion of the application of the principle established in Norwich Pharmacal v Customs and Excise to journalists. The development of immunity from contempt in s. 10 of the Contempt of Court Act 1981 is examined to illustrate the ideological clash between the judiciary and journalists. The impact of the Human Rights Act and decisions of the European Court of Human Rights are analysed to assess whether this will lead to a change in attitudes in the UK. Finally, the potential threat to journalists posed by compelled evidentiary disclosure in criminal cases is reviewed, with a particular look at ‘special procedure’ material. The US section begins with an analysis of the law at federal level, the decisions of the Supreme Court, including the leading decision of Branzburg v Hayes, as well as the role the legislature has played. The paper then analyses protections provided at state level, with a case study of the California shield law and a review of Californian jurisprudence.

scholarly journals Can the Application of the Human Rights of the Child in a Criminal Case Result in a Therapeutic Outcome

2017 ◽  
Vol 13 (3) ◽  
pp. 125
Author(s):  
Enid Coetzee
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Primary Caregiver ◽  
Therapeutic Outcome ◽  
Specific Reference ◽  
Rights Of The Child ◽  
Therapeutic Outcomes ◽  
The Republic ◽  
Mitigating Factor ◽  
The Impact

Prior to the change brought about by S v M,[1] the interests of children were only considered as a circumstance or mitigating factor of the offender during the sentencing process. The article will discuss case law in order to determine the impact that the inclusion of the human rights of the child had on the sentencing process if the offender was the primary caregiver of the child. Specific reference is made to Sections 28(2) and 28(1)(b) of the Constitution of the Republic of South Africa, 1996. The article will then consider whether this inclusion might improve therapeutic outcomes without the apprehension that the interests of justice would be forfeited. A therapeutic outcome is brought about when the attention is placed on the human, emotional and psychological side of the law. It is concluded that the Zinn triad remains the basic measure to be used by sentencing courts to determine an appropriate sentence. Should the sentence be direct imprisonment, the court has to ensure that the children receive appropriate care as prescribed by Section 28(1)(b). Should a range of sentences be considered, even though the court has a wide discretion to decide which factors should be allowed to influence the measure of punishment, when the offender is a primary caregiver, Section 28(2) must be included as an independent factor. It is also concluded from the case law discussion that the inclusion of the human rights of the child in the sentencing process did not automatically give rise to a therapeutic outcome, although in some judgments it did result in a therapeutic outcome. Thus, the consideration of the human rights of the children during the sentencing process creates the opportunity for a therapeutic outcome.[1]        2007 2 SACR 539 (CC).

Australian Bills of Rights and the ‘New Commonwealth Model of Constitutionalism’

2013 ◽  
Author(s):  
Simon Evans ◽  
Julia Watson
Keyword(s):  
Human Rights ◽  
High Court ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Key Features ◽  
The Uk ◽  
High Court Of Australia ◽  
The Impact

This chapter examines the influence of the new Commonwealth model of human rights protection (exemplified by the UK Human Rights Act 1998) on the form of the two Australian statutory Bills of Rights, and then considers the impact of Australia's distinctive legal culture and constitutional structure on the operation of these instruments. In particular, it examines the impact of culture and structure in the decision of the High Court of Australia in R. v Momcilovic [2011] HCA 34; (2011) 280 A.L.R. As a result of that case, key features of the Australian Bills of Rights now diverge from the dominant UK approach, a divergence so striking that it may no longer be possible to identify the Australian Bills of Rights as exemplars of the new Commonwealth model.

21. Applications: prisoners’ rights

2021 ◽  
pp. 433-447
Author(s):  
Howard Davis
Keyword(s):  
Human Rights ◽  
The State ◽  
European Convention ◽  
Legal Knowledge ◽  
Key Points ◽  
Self Test ◽  
The Uk ◽  
Article 5 ◽  
The Impact ◽  
Domestic Law

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter considers the application of Convention rights in the field of prisoners’ rights; the impact of Convention rights on prisoners in the UK is considered. Prisoners remain within the protection of the European Convention on Human Rights, though the application of these rights will take their position into account. Prisoners’ rights include not only rights to the non-arbitrary loss of liberty (Article 5) and rights to fair procedures (Articles 5 and 6), but also not to be disproportionately denied the rights and freedoms in Articles 8–11. Imprisonment deprives individuals of their liberty and, therefore, is a public function for which the state is responsible under the Convention. The controversy over prisoners’ right to vote is discussed in Chapter 25.

2. Legislation

Legal Skills ◽  
2019 ◽  
pp. 14-42
Author(s):  
Emily Finch ◽  
Stefan Fafinski
Keyword(s):  
Human Rights ◽  
European Convention ◽  
European Economic ◽  
Eu Legislation ◽  
Domestic Courts ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk ◽  
The Impact ◽  
Law Making

This chapter first considers the process by which Acts of Parliament come into being. It then turns to delegated legislation—that is, law that is made by other bodies under Parliament’s authority. Next, it looks at EU legislation, which had an increasingly significant effect from the time that the UK joined the European Economic Community in 1973. It explains the various institutions of the EU and their role in the law-making process; the different types of EU legislation; and the circumstances in which individuals may use them in domestic courts, pre-Brexit. Finally, the chapter discusses the impact of the European Convention on Human Rights and the Human Rights Act 1998.

2. Legislation

2021 ◽  
pp. 19-48
Author(s):  
Emily Finch ◽  
Stefan Fafinski
Keyword(s):  
Human Rights ◽  
European Convention ◽  
European Economic ◽  
Eu Legislation ◽  
Domestic Courts ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk ◽  
The Impact ◽  
Law Making

This chapter first considers the process by which Acts of Parliament come into being. It then turns to delegated legislation—that is, law that is made by other bodies under Parliament’s authority. Next, it looks at EU legislation, which had an increasingly significant effect from the time that the UK joined the European Economic Community in 1973. It explains the various institutions of the EU and role they had in the law-making process; the different types of EU legislation; and the circumstances in which individuals could use them in domestic courts, prior to Brexit. Finally, the chapter discusses the impact of the European Convention on Human Rights and the Human Rights Act 1998.

scholarly journals Experiences of support from primary care and perceived needs of parents bereaved by suicide: a qualitative study

2020 ◽  
Vol 70 (691) ◽  
pp. e102-e110 ◽  
Author(s):  
Verity Wainwright ◽  
Lis Cordingley ◽  
Carolyn A Chew-Graham ◽  
Nav Kapur ◽  
Jenny Shaw ◽  
...  
Keyword(s):  
Primary Care ◽  
General Practice ◽  
Qualitative Study ◽  
Support Needs ◽  
Structured Interviews ◽  
Perceived Needs ◽  
The North ◽  
Suicide Bereavement ◽  
Additional Support ◽  
The Uk

BackgroundPeople bereaved by suicide are a vulnerable group, also at risk of dying by suicide. The importance of postvention support (intervention after suicide) has recently been highlighted; however, little is known about the support needs of parents bereaved by suicide in the UK, and the role played by general practice.AimTo explore the perspectives, experiences, and support needs of parents bereaved by suicide.Design and settingThis was a qualitative study, with semi-structured interviews conducted between 2012 and 2014 in the north of England and the Midlands, with parents bereaved by their son or daughter’s suicide.MethodInterviews explored parents’ experiences of suicide bereavement following the death of their son or daughter, with a focus on their experiences of support from primary care. Interviews were analysed thematically using constant comparison.ResultsTwenty-three interviews were conducted. Three themes were identified from the data: the importance of not feeling alone; perceived barriers to accessing support; and the need for signposting for additional support. Some parents reported having experienced good support from their general practice; others described a number of barriers to accessing help, including triage processes. Primary care was considered to be an important avenue of support but GPs were often perceived as uncertain how to respond. The need for information, signposting to avenues of support, and the helpfulness of group support were also highlighted.ConclusionParents believed it was important that people working in general practice have an awareness of suicide bereavement and understanding of their needs, including knowledge of where to direct people for further support.

Sign in / Sign up

Export Citation Format

Share Document