scholarly journals Breaking the cycle: Solidarity with care-leaver mothers

2021 ◽  
Vol 7 (2) ◽  
pp. 82-92
Author(s):  
Jenny Krutzinna

A significant proportion of child protection cases involve care-experienced mothers, which reveals a continuous cycle of mothers who lose their children to social services after having been in state care themselves as children. While the importance of protecting children requires little explanation and forms the justificatory basis for child protection interventions, it is important to remember that care-experienced mothers were once children entrusted to the state’s care, and who arguably have been failed by the state in that their parenting opportunities are significantly reduced. This paper aims to address this underexplored dilemma between protecting children and safeguarding mothering opportunities for care-experienced mothers. Appealing to the concept of solidarity, I argue that the state has an obligation to increase its compensatory efforts to secure the right of care-experienced women to not only become parents but to be able to be parents, with the aim of breaking the cycle of care experience.

2021 ◽  
pp. 705-769
Author(s):  
Polly Morgan

This chapter considers how the Children Act 1989 provided a legal framework within which the state can support children to remain with their families through difficult situations and intervene to protect them when they face unacceptable risks. The chapter starts by giving a brief history of child protection law. The chapter then looks at the inherent tension in protecting children while aspiring to support their life with their families, before considering local authorities' powers and duties, resources, and the ever-increasing numbers of children who are involved with social services, whether as c hildren in need, looked after children, or as subjects of child protection investigations or applications.


Author(s):  
Iryna Surovtseva

The article is devoted to the partnership of social workers and ombudsmen as an influential tool for the citizens' rights protection. The common aspects of professional activity of social workers and ombudsmen in the citizens' rights protection of Ukraine and European countries are analyzed. Analyzed the annual reports of the National Ombudsman, clarified the dynamics of the receipt of citizens' reports about violations of their rights. There is a growing number of human rights violations in the field of social protection. The ombudsman has the right to make recommendations to the central executive bodies, which are ripe after the monitoring visits. Through the activities of social workers and the ombudsman, the state assumes the main functions of ensuring human rights in the social sphere. Foreign experience on the significant role of «natural allies» (social workers and ombudsmen) in drafting a formal protocol of strategic and tactical cooperation to optimize the residents' interests based on a friendly advisory approach have been highlighted. Most often, social workers and ombudsmen are forced to act as intermediaries between people and the state or other bodies to uphold justice and provide protection in cases where measures taken by the state in the interests of society as a whole threaten the rights and freedoms of individuals or groups. There is a need to intensify cooperation between the ombudsman's offices, social protection departments and social service providers (for example, through the joint Commissions on the quality of social services establishment, joint investigations into unsatisfactory social or medical care complaints). It seems relevant to expand the positions of specialized ombudsmen (for social protection (security), military ombudsman) as independent officials in communities (municipalities) for Ukraine.


AN-NISA ◽  
2019 ◽  
Vol 11 (1) ◽  
pp. 372-383
Author(s):  
Ismail Aris

This article shows that the constitution or the 1945 Constitution of the Republic of Indonesia can not be regarded as children's constitution which adopts the principles of child protection under the Convention on the Rights of the Child. It also shows that Indonesia is not serious about the theme of child protection discourse such as Ecuador, Egypt, Finland and South Africa in protecting, fulfilling and respecting and explicitly specifying the rights of children in its constitution. Based on the argument above, it is very urgent for Indonesia to do constitutionalism the rights of the child. Based on the principles that adopted by the convention on the right of the child as a solution as an effort to save and protect the rights of the child from negligence and neglect of the State to protect and fulfill the human rights and constitutional rights of the child. The effort of constitutionalism is also considered as a strengthening effort in the formation of legislation in the future as well as the basis or test stone of the Constitutional Court in handling the future judicial review of the Law which violates the norm on the protection of children's rights under the Constitution. In addition, it is urgent for constitutionalism and incorporates the idea of constitutional complaints in the Constitutional Court through the Constitution. Thus, as a basis for constitutional protection of the child if the State has neglect to protect the human rights and constitutional rights of the child by conducting constitutional complaint in the Constitutional Court, in order for the State to fulfill its constitutional obligations which have been regulated under the constitution.


2004 ◽  
Vol 56 (1) ◽  
pp. 56-78 ◽  
Author(s):  
Aleksandar Fatic

The modern security threats in Europe, and especially in the transitional region of Southeastern Europe, are considerably different from the traditional military threats arising from statehood-related aspirations of the minorities, or from unresolved border issues between neighbours, or between regional aspirations of the former superpowers. Today's security threats emanate primarily from organized crime and terrorism, two curses that have spread their realm across the globe, and that threaten to establish breeding grounds in Southeastern Europe, due to the relatively soft and porous borders, unresolved status of ethnic communities in neighbouring states, internal instability and weakness of the institutions in the region?s states, as well as contradictory and sometimes counterproductive signals that are sent to the region by the large international organizations and influential countries. A particular danger for the region arises from the newly developing "netted" structures of organized crime, which present organized criminal gangs not only as an alternative "industry" to various legitimate social services, an industry whose parts mutually compete, but increasingly as an aspiring government in itself, namely an industry whose parts cooperate, rather than competing, and which tend to reduce the level of competition and increase the level of cooperation across the region, thus threatening the very foundations of the state, and hijacking the state agenda by co-opting various state agencies and officials through corruption, intimidation, or manipulation into collusion. This paper briefly outlines the main currents of development of the structures and aspirations of organized criminal gangs in the region their changing roles in the region's societies, and the perspectives of their organized synergy with terrorist organizations occurring. It also discusses the most effective methods to address these problems and the conditions for their development and implementation in the region. Namely the paper espouses a central argument that aims to show that the logic of development of terrorism in Europe implies that, sooner or later, especially Islamic terrorist organizations will be faced with a very real dilemma of whether or not to establish systematic cooperation with organized crime. Such cooperation would offer tremendous operational advantages to terrorists, with logistics for terrorist actions being provided by organized crime, while at the same time terrorism could provide an umbrella of "political legitimation" through "service to the right cause" of those who see themselves as structurally oppressed, for the classic operations of organized crime. Such quasilegitimation is already commonplace in Latin America, where traders in poppy flower, who pass the produce on to enter the chain of production and trafficking of heroin to the western markets sometimes enjoy the status of those who care for the entire communities of poor, poppy-growing Latin American farmers. Similar structures of quasilegitimation could be established in areas populated mainly by Islamic inhabitants, should the international offensive led by the US against Islamic countries continue unabated, and synergies with organized crime could be used by the particularly "entrepreneurial" leaders of certain terrorist groups. The author warns against allowing such synergies to take place by the continuing aggression on the international front, which causes an increase in terrorism through the simple action and reaction mechanism.


2020 ◽  
Vol 4 (91) ◽  
pp. 54-58
Author(s):  
U.B. Filatova ◽  
◽  
E.O. Ganeva ◽  

The article is devoted to the research of the Institute of social entrepreneurship. The authors identify the features of the organization of contractual relations in relations mediating the provision of social services. Attention is drawn to the fact that the legislation does not have a unified approach to understanding social services, as well as an exhaustive list of services related to social services. Based on the analysis of current legislation on social entrepreneurship, the article identifies problems related to determining the legal nature of the state (municipal) social order. The authors consider various theoretical approaches to defining the concept of state order. In the doctrine, the state order is considered as a managerial administrative act, as a set of administrative and legal acts, as a task or assignment of the state, and even as a public law institution for implementing the Constitution, laws, and functions of the Russian state in the form of an administrative regime of relations between the state and private law subjects. As a key category that links together all other components of the procurement process, the state order has not found conceptual certainty either in legislation or in legal science. It is proved that a social order by its nature is a private legal act, and the placement of such an order should be considered as a unilateral transaction to provide the authorized body with the right to meet the needs of citizens in social services. At the same time, such a transaction is aimed at organizing relations between state authorities, local self-government bodies and service providers. It is concluded that actions for placing a state (municipal) social order aimed at creating preliminary relations for the provision of social services are a one-sided organizing transaction.


Author(s):  
Мусаева ◽  
Gulshat Musaeva ◽  
Файзрахманов ◽  
Dzhaudat Fayzrakhmanov

The process of labor market regulation by the state involves a conscious and systematic actions, that minimize the negative aspects of the market mechanism. This is due to the fact that in Kazakhstan in the system of relations between employers and employees is always present state which, in turn, is also a major employer. In particular, a significant proportion of the working population is employed in the public sector, the state regulates conditions of employment and dismissal of workers in the private sector, in addition, between the state and the people there are relations concerning employment, training, transition, social security. An impact on reproduction and use of labor resources occurs through special institutions (ministries and departments), that are endowed functions of regulation and the right to control by the executive power, in addition, dispose of certain financial and material resources. The research of social and labor sphere in the foreground puts forward the study of the relations system, reflecting the social and economic interests of the people in the course of employment, namely the social and labor relations. Becoming of a socially oriented market economy in Kazakhstan and to ensure its normal functioning is possible provided its full integration into the world economy, which involves arrangements of social and labor relations in the country, development of a mechanism for effective regulation and embeddedness of the system of social and labor relations in the system, recognized by the international community.


2018 ◽  
Vol 13 (1) ◽  
pp. 70-88
Author(s):  
Mohd Faez Mohd Shah ◽  
Norhidayah Pauzi

In the discipline of Islamic law research, strong proofing and clear Istinbat method are key pillars in the construction of Islamic law based on the application of the science of usul al-fiqh and maqasid al-shari'ah. However, what happens at the state of Johor’s fatwa institution is the opposite. The fatwa research methods applied by the Fatwa Committee of Johor in resolving current fatwa issues is not based on the right and true discipline of Islamic law research. In fact, current inputs related to fatwa issues are not explicitly stated in the method of determining the law either in the form of reality or scientifically verified. Therefore, this paper will discuss the fatwa procedures undertaken by the Fatwa Committee of Johor based on the methods applied in resolving current issues. The research methodology adopted is library and interview methods. This study shows that fatwa management and production in the state of Johor is placed under the jurisdiction of the Mufti of Johor’s Department. The methods adopted by the Fatwa Committee of Johor covers two methods, namely: internal research methods including literature review through the application of original source and proofs based on syarak. Second: field research method that includes an external review or going to the location of study such as conducting observation, questionnaires and interviews including referrals to specialists of different fields. Maslahah and mafsdah consideration are also implemented by the Fatwa Committee in every fatwa decision based on the standard that meets the interests of maqasid al-shari'ah. Keywords: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah ABSTRAK Dalam disiplin penyelidikan hukum Islam, kekuatan pendalilan dan kaedah istinbat yang jelas merupakan tunggak utama dalam pembinaan hukum Islam berasaskan kepada aplikasi ilmu usul al-fiqh dan maqasid al-shari’ah. Namun begitu, apa yang berlaku di institusi fatwa negeri Johor adalah sebaliknya. Kaedah penyelidikan fatwa yang diaplikasi oleh Jawatankuasa Fatwa Negeri Johor dalam menyelesaikan isu fatwa semasa tidak berasaskan kepada disiplin penyelidikan hukum Islam yang tepat dan sebenar. Malahan input-input semasa yang berkaitan dengan isu fatwa juga tidak dinyatakan secara jelas dalam kaedah penentuan hukum sama ada dalam bentuk realiti yang berlaku atau pembuktian secara saintifik. Justeru, kertas kerja ini akan membincangkan prosedur fatwa Jawatankuasa Fatwa Negeri Johor berdasarkan metode-metode yang diaplikasi dalam menyelesaikan isu-isu yang bersifat semasa. Metodologi kajian yang digunakan dalam kajian ini adalah melalui metode perpustakaan dan metode lapangan. Hasil kajian menunjukkan bahawa pengurusan dan pengeluaran fatwa di negeri Johor hanya terletak di bawah bidang kuasa Jabatan Mufti Johor. Metode fatwa yang diamalkan oleh Jawatankuasa Fatwa Negeri Johor merangkumi dua metode iaitu pertama, kaedah penyelidikan dalaman yang merangkumi kajian kepustakaan menerusi pengaplikasian dari sumber asas dan dalil-dalil syarak. Kedua, kaedah penyelidikan lapangan yang meliputi kajian luaran atau turun ke lokasi kajian seperti observasi, soal selidik dan temubual dan rujukan kepada pakar dalam bidang yang berlainan. Pertimbangan maslahah dan mafsdah juga dimplementasikan oleh Jawatankuasa Fatwa dalam setiap keputusan fatwanya berasaskan standard yang menepati kepentingan maqasid al-shari’ah. Kata kunci: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah


Author(s):  
Corey Brettschneider

How should a liberal democracy respond to hate groups and others that oppose the ideal of free and equal citizenship? The democratic state faces the hard choice of either protecting the rights of hate groups and allowing their views to spread, or banning their views and violating citizens' rights to freedoms of expression, association, and religion. Avoiding the familiar yet problematic responses to these issues, this book proposes a new approach called value democracy. The theory of value democracy argues that the state should protect the right to express illiberal beliefs, but the state should also engage in democratic persuasion when it speaks through its various expressive capacities: publicly criticizing, and giving reasons to reject, hate-based or other discriminatory viewpoints. Distinguishing between two kinds of state action—expressive and coercive—the book contends that public criticism of viewpoints advocating discrimination based on race, gender, or sexual orientation should be pursued through the state's expressive capacities as speaker, educator, and spender. When the state uses its expressive capacities to promote the values of free and equal citizenship, it engages in democratic persuasion. By using democratic persuasion, the state can both respect rights and counter hateful or discriminatory viewpoints. The book extends this analysis from freedom of expression to the freedoms of religion and association, and shows that value democracy can uphold the protection of these freedoms while promoting equality for all citizens.


2017 ◽  
Vol 30 (1) ◽  
pp. 112-121
Author(s):  
Shamier Ebrahim

The right to adequate housing is a constitutional imperative which is contained in section 26 of the Constitution. The state is tasked with the progressive realisation of this right. The allocation of housing has been plagued with challenges which impact negatively on the allocation process. This note analyses Ekurhuleni Metropolitan Municipality v Various Occupiers, Eden Park Extension 51 which dealt with a situation where one of the main reasons provided by the Supreme Court of Appeal for refusing the eviction order was because the appellants subjected the unlawful occupiers to defective waiting lists and failed to engage with the community regarding the compilation of the lists and the criteria used to identify beneficiaries. This case brings to the fore the importance of a coherent (reasonable) waiting list in eviction proceedings. This note further analyses the impact of the waiting list system in eviction proceedings and makes recommendations regarding what would constitute a coherent (reasonable) waiting list for the purpose of section 26(2) of the Constitution.


Author(s):  
Chiedza Simbo

Despite the recent enactment of the Zimbabwean Constitution which provides for the right to basic education, complaints, reminiscent of a failed basic education system, have marred the education system in Zimbabwe. Notwithstanding glaring violations of the right to basic education by the government, no person has taken the government to court for failure to comply with its section 75(1)(a) constitutional obligations, and neither has the government conceded any failures or wrongdoings. Two ultimate questions arise: Does the state know what compliance with section 75(1)(a) entails? And do the citizens know the scope and content of their rights as provided for by section 75(1)(a) of the Constitution of Zimbabwe? Whilst it is progressive that the Education Act of Zimbabwe as amended in 2020 has addressed some aspects relating to section 75(1)(a) of the Constitution, it has still not provided an international law compliant scope and content of the right to basic education neither have any clarifications been provided by the courts. Using an international law approach, this article suggests what the scope and content of section 75(1)(a) might be.


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