The Law, Policy and Practice of Refugee Protection in India

Author(s):  
Bhairav Acharya
2019 ◽  
Author(s):  
Michael W. Yarbrough

Law forms one of the major structural contexts within which family lives play out, yet the precise dynamics connecting these two foundational institutions are still poorly understood. This article attempts to help bridge this gap by applying sociolegal concepts to empirical findings about state law’s role in family, and especially in marriage, drawn from across several decades and disciplines of South Africanist scholarly research. I sketch the broad outlines of a nuanced theoretical approach for analyzing the law-family relationship, which insists that the relationship entails a contingent and dynamic interplay between relatively powerful regulating institutions and relatively powerless regulated populations. Accordingly, while my argument broadly distinguishes the more repressive regimes of colonialism and apartheid from the more expansive post-apartheid legal regime, it also partially undoes that periodisation by highlighting limits and evasions of repressive law and obstacles impeding access to post-apartheid law’s expansive promises.


Author(s):  
Stephen J. Morse

This chapter considers whether the new sciences of the brain/mind, especially neuroscience and behavioural genetics, are likely to transform the law’s traditional concepts of the person, agency, and responsibility. The chapter begins with a brief speculation about why so many people think these sciences will transform the law. It reviews the law’s concepts of the person, agency and responsibility, misguided challenges to these concepts, and the achievements of the new sciences. It then confronts the claim that the brain/mind sciences prove that we are not agents who can guide our conduct by reason and thus cannot be responsible. It argues that this claim cannot be supported empirically or conceptually, and that no revolution in legal thinking is foreseeable. The chapter concludes by suggesting that the new sciences have little to offer the law at present, but in the future, they may contribute modestly to reforming doctrine, policy, and practice.


2011 ◽  
Vol 19 (2) ◽  
pp. 271-293 ◽  
Author(s):  
Robert Kwame Ame

AbstractIn a country where implementing children's rights in general remains a major challenge, the idea of according rights to children in conflict with the law can be a daunting task. With too many other children's problems to deal with such as the millions of street children and child laborers, female circumcision, and sexual violence against female children, the needs and rights of juvenile offenders could easily be relegated to the bottom of the government's priorities for children. Nonetheless, by virtue of ratifying the UNCRC in 1990, Ghana has made a commitment to address the needs and respect the rights of children in Ghana including its juvenile offenders. Thirteen years after ratifying the CRC, the Ghanaian Parliament passed the Juvenile Justice Act 2003 (Act 653). What rights does the Act accord children in conflict with the law? Do the policies and practices of the new juvenile justice system measure up to the standards of the Convention? These are the key questions addressed in this paper. The paper concludes that vis a vis the CRC, the new Juvenile Justice Act looks good on paper but argues that there is a colossal gap between policy and practice. The paper ends with suggestions on how to effectively protect the rights of children in conflict with the law.


2017 ◽  
Vol 16 (3) ◽  
pp. 134-143 ◽  
Author(s):  
Claire Fitzpatrick

Purpose The purpose of this paper is to highlight the neglect of girls in care who come into conflict with the law, arguing that a gender-neutral approach in this area risks further marginalising an already vulnerable population. Design/methodology/approach A critical review of the literature and current policy climate is undertaken to explore what is known about the experiences of females in the justice system, as well as knowledge gaps. Findings Evidence on the prevalence and nature of offending by girls in care is limited. However, as looked after children, girls may be more likely to have their own behaviour unnecessarily criminalised. Whilst females and males share some prior experiences of victimisation and trauma, girls also have distinct needs and may be assessed and managed by state care and control systems in very different ways. Research limitations/implications The paper is not based on primary research and does not present a systematic review of the literature. Practical implications The need to listen to girls and young women, and a far greater recognition of backgrounds of trauma must underpin future policy and practice. Diversion from the formal criminal justice system wherever possible is also a key goal to aspire to. Originality/value This paper focuses on the specific experiences of females. It calls for a gender-sensitive, trauma-informed approach to working with girls and women from the care system who come into conflict with the law, and questions the value of criminalising those whom the state previously deemed to be in need of welfare and support.


2003 ◽  
Vol 5 (2) ◽  
pp. ii-viii
Author(s):  
Suzanne Mackenzie
Keyword(s):  

Author(s):  
Septa Candra

Restorative Justice adalah merupakan suatu bentuk model pendekatan baru dalam penyelesaian perkara pidana. Model pendekatan restorative justice ini sebenarnya telah digunakan dibeberapa negara dengan fokus pendekatannya kepada pelaku, korban dan masyarakat dalam proses penyelesaian kasus hukum yang terjadi diantara mereka. Walaupun model pendekatan ini masih banyak diperdebatkan dalam tataran teori oleh para ahli, namun dalam kenyataannya tetap tumbuh dan eksis serta mempengaruhi kebijakan dan praktek hukum di banyak negara. Permasalahan dalam penelitian ini yaitu bagaimana mekanisme penerapan pendekatan restorative justice dalam penyelesaian kasus hukum di Indonesia dan bagaimana konsep restorative justice dapat menjadi bagian dari pembaharuan hukum pidana di masa yang akan datang. Dengan menggunakan metode penelitian deskriptif analitis dan bersifat kualitatif, dapat disimpulkan bahwa Indonesia dengan angka kejahatan yang relatif tinggi, patut pula untuk dipertimbangkan model restorative justice ini menjadi bagian dari pendekatan dalam penyelesaian kasus-kasus hukum yang terjadi selama ini. Dalam perkembangannya prinsip restorative justice sudah diintrodusir melalui sejumlah ketentuan dalam RUU KUHP dan diversi terhadap anak, terutama untuk memberikan keseimbangan perhatian diantara stakeholders hukum pidana (pelaku, korban, masyarakat dan negara). Tentunya, model pendekatan ini diharapkan dapat menjadi bagian dari pembaharuan hukum pidana Indonesia di masa yang akan datang guna mencapai keadilan, kepastian dan kemanfaatan sebagai tujuan dari hukum itu sendiri.<p>Restorative justice is a new approach model to solve criminal matters. Restorative justice model is an approach that has actually been used in several countries with focus its approach to offenders, victims and the community in the process of settlement of legal cases that have happened among them. Even though the model has still been widely debated in the level of theory, but in fact, it still grows and exists, also influences policy and practice of the law in many countries. Based on the reasons, the focus of this study, namely: How is a mechanism of a restorative justice approach in solving legal cases in Indonesia? How is the concept of restorative justice that can be a part of the reform of criminal law in the future? The research applies descriptive analysis study and uses qualitative method. The result of the study shows that Indonesia as a law state with criminal figures relatively high ought also to be considered that the model of restorative justice may become an approach for solving legal cases. Restorative justice principles in development have already been introduced through a number of provisions in the Criminal Code Bill and diversion of children, especially to provide a balance among stakeholders in criminal law (perpetrators, victims, community and nation). Of course, this model is expected to be a part of the Indonesian criminal law reform in the future to bring justice, certainty and expediency as the purpose of the law itself.</p>


The International Criminal Court is a controversial and important body within international law and is significantly growing in importance, particularly as other international criminal tribunals close down. After a decade of Court practice, this book takes stock of the activities of the International Criminal Court, identifying the key issues in need of potential reform. It provides a systematic and in-depth thematic account of the law and practice of the Court, including its changing context, the challenges it faces, and its overall contribution to international criminal law. The book is written by over forty leading practitioners and scholars from both inside and outside the Court. They provide an unparalleled insight into the Court as an institution, its jurisprudence, the impact of its activities, and its future development. The book is organised along six key themes: (i) the context of International Criminal Court investigations and prosecutions; (ii) the relationship of the Court to domestic jurisdictions; (iii) prosecutorial policy and practice; (iv) the applicable law; (v) fairness and expeditiousness of proceedings; and (vi) its impact and lessons learned.


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