scholarly journals Claims-making in court cases on children: Religion, ethnicity, and culture in cases of Dutch minority families against the state

2021 ◽  
Vol 11 (4) ◽  
Author(s):  
Iris Sportel
Keyword(s):  
Child Protection ◽  
Institutional Context ◽  
Cultural Background ◽  
Ongoing Study ◽  
Court Cases ◽  
State Institutions ◽  
Different Types ◽  
The Hague ◽  
Minority Families ◽  
Dutch Court

This paper focuses on claims made by family members in court cases against state institutions. Taking a socio-legal, empirical approach, I aim to explore claims-making in different types of cases from various fields of law, with a particular focus on issues regarding children from minority families. I will analyse in what cases these claims are made and how courts react to such claims. The paper is based on an analysis of Dutch court judgements, as well as an ongoing study including interviews with judges and court personnel; lawyers; welfare professionals; and NGOs and a study of child protection files at the courts of The Hague, Rotterdam, Utrecht, and Amsterdam. When making religious, ethnic, or cultural claims in court cases concerning their children, minority families may demand to be treated differently based on their religious, ethnic or cultural background. I will demonstrate how such claims can be shaped by the legal and institutional context as well as by litigants themselves. Although religious, ethnic, or cultural claims are relatively rare, they force courts to explicitly reflect on representations of culture, ethnicity, or religion. Therefore, studying such exceptional cases provide an interesting opportunity to study how Dutch courts deal with these representations.

Differences in the nature of employment discrimination litigation between private sector organizations and public sector organizations

2016 ◽  
Vol 16 (4) ◽  
pp. 200-213 ◽  
Author(s):  
David E Terpstra ◽  
André L Honorée
Keyword(s):  
Content Analysis ◽  
Public Sector ◽  
Employment Discrimination ◽  
Federal Court ◽  
Court Cases ◽  
Public Sector Organizations ◽  
Different Types ◽  
Local Sector ◽  
Private Sector Organizations ◽  
Case Outcome

This study reports on the results of a content analysis of federal court cases examining employment discrimination litigation in private, federal, and state/local sector organizations. One objective was to determine whether there are differences in the types of employment discrimination claims (e.g. race, sex, age, and disability) across the different sectors. A second objective was to determine whether there are differences in the outcomes (whether the case outcome or ruling was for the plaintiff or the defendant) of the different types of employment discrimination cases across the different sectors. The results of this study indicate that there are substantial differences in both the types of discrimination charges and the outcomes of those discrimination charges across the different sectors. The implications of the most significant findings are discussed, and recommendations are offered to organizations interested in reducing the occurrence of employment discrimination and the costs associated with employment discrimination litigation.

scholarly journals KEDUDUKAN KOMISI PERLINDUNGAN ANAK INDONESIA SEBAGAI STATE AUXILIARY BODIES DALAM SISTEM HUKUM KETATANEGARAAN INDONESIA

2017 ◽  
Vol 32 (2) ◽  
Author(s):  
Laurensius Arliman S
Keyword(s):  
Human Rights ◽  
Child Protection ◽  
System State ◽  
State Institute ◽  
Independent State ◽  
State Institutions ◽  
Rights Of The Child ◽  
State Administration ◽  
Presidential Decree ◽  
Protection Of Human Rights

ABSTRACTChildren as the nation’s next generation must be respected fulfllment of his rights. We must know that the protection of rights, are part of human rights. Since Indonesia ratifed the Convention on the Rights of the Child (CRC), Indonesia has adopted a child protection in his administration. In 2002 afer Indonesia established the Child Protection Act, it gives birth to the Independent State Institute named Indonesian Child ProtectionCommission (KPAI). KPAI have the same status as other independent state institutions, established through the Act, the Presidential Decree, the Regulation President or the TAP MPR, and can move in the feld of judicial, executive and legislative. KPAI as an auxiliary state institutions in the feld of children’s rights enforcement has been to provide services according to the needs of protection of human rights and amandat in accordance with the Constitution, the Convention on the Rights of the Child (CRC) andthe Law on Child Protection. Efforts could be done by KPAI to realize sustainable child protection are: 1) Control, 2) Prevention, 3) Service and 4) Awareness.Keywords: KPAI; State Auxialiary Bodies; Legal System; State Administration; Indonesia.INTISARIAnak sebagai generasi penerus bangsa harus harus dijunjung tinggi pemenuhan hak nya.Kita harus tahu bahwa perlindungan hak, merupakan bagian dari hak asasi manusia.Sejak Indonesia meratifkasi Kovensi Hak Anak (KHA) maka Indonesia telah mengadopsi perlindungan anak dalam pemerintahannya. Pada tahun 2002 setelah Indonesia membentuk Undang-Undang Perlindungan Anak, maka lahirlah Lembaga Negara Independen yang bernama Komisi Perlindungan Anak Indonesia (KPAI). KPAI memiliki kedudukan yang sama dengan lembaga negara independen lainnya, yang dibentuk melalui Undang-undang, Keputusan Presiden, Peraturan Presiden ataupun berdasarakan Ketetapan Majelis Permusyawaratan Rakyat, dan bisa bergerak di dalam bidang yudikatif, eksekutif, dan legislatif. KPAI sebagai lembaga negara bantu di dalam bidang penegakan hak asasi anak sudah memberikan pelayanan sesuai dengan kebutuhan perlindungan hak asasi manusia dan sesuai dengan amandat Konstitusi, Konvensi Hak Anak (KHA) dan Undang-Undang Perlindungan Anak. Upaya yang bisa dilakukan oleh KPAI untuk mewujudkan perlindungan anak yang berkelanjutan adalah: 1) Pengawasan, 2) Pencegahan, 3) Pelayanan dan 4) Penyadaran.Kata Kunci: KPAI; Lembaga Negara Independen; Sistem Hukum; Ketatanegaraan; Indonesia.

The Revolutionary Armed Forces of Colombia (FARC) and Its Aftermath

2021 ◽  
Author(s):  
Oscar Palma
Keyword(s):  
Communist Party ◽  
Armed Forces ◽  
The Political ◽  
Security Forces ◽  
State Institutions ◽  
Peace Negotiations ◽  
Different Types ◽  
Colombian Government ◽  
The 1960S ◽  
Hybrid Group

The Revolutionary Armed Forces of Colombia (Fuerzas Armadas Revolucionarias de Colombia—FARC) was an insurgent group that emerged in the 1960s as a consequence of struggles between the Conservatives and the Liberals, as well as the consolidation of a Communist party that promoted an armed insurrection. A relative absence of state institutions in farther regions, the uneven distribution of land, and an impoverished peasant class were elements fueling rebellious movements. By the 1980s, however, FARC had become something more complex than an insurgent organization. After initially opposing the idea, the group accepted the generation of income through the taxation of activities in the cocaine-illicit economy. An unprecedented process of growth experienced by the insurgency, with this income, allowed a remarkable offensive against the security forces, in specific regions, by the end of the 1990s. Since then, an explanation of the organization as a “pure” political insurgency would be inaccurate; the motivation and purpose of some fighters within the group was profit. Although an explanation radically separating political and criminal (economic) agendas may be flawed, at least a concept which portrays the organization as something more than just an insurgency seems helpful. The concept of hybrid group, in which armed, political, and criminal dimensions coexist, invites exploring different types of motivations, purposes, and tasks that fighters might have. The observation of these dimensions also contributes to an understanding of the evolution of FARC after the Havana Agreement. A strong military offensive during the 2000s was one of the factors motivating the group to engage in peace negotiations with the Colombian government. With the Agreement, FARC as an armed insurgency ceased to exist, but the continuation of factors which motivated the existence of a hybrid group have triggered the emergence of a myriad of smaller groups, several of which claim to be the real successors of FARC, mixing in diverse ways the political and criminal agendas.

scholarly journals Engaging parents in Family Court: Lessons from an observational study of child protection cases

2016 ◽  
Vol 17 (2) ◽  
pp. 129-146 ◽  
Author(s):  
Vicki Lens
Keyword(s):  
United States ◽  
Decision Making ◽  
Child Protection ◽  
Participatory Approach ◽  
The Other ◽  
Family Court ◽  
Court Cases ◽  
Court System ◽  
Northeastern United States ◽  
The Family

Summary This study explores the courtroom interactions between judges, attorneys, and parents charged with child abuse or neglect. Drawing on ethnographic observations of court cases in a Family Court located in the northeastern United States, this study seeks to understand how judges encourage or inhibit parents’ participation and the strategies and tactics used to influence parental behaviors and obtain cooperation with court orders. Findings On one end of the spectrum are judges who engage little, or not at all with parents, preferring to speak only to the professional court actors. On the other end of the spectrum is a more participatory approach, with judges weaving parents into court room exchanges and engaging them in informational and decision-making dialogs. A similar divergence appears when soliciting cooperation from parents, with some judges relying on shaming rituals and others using a softer approach that incorporates praise and support. Applications Strategic interventions are identified that will increase parents’ cooperation and satisfaction with the Family Court system. These include vigorously engaging in both informational and decision-making dialogs with parents and using rituals of praise and support, rather than shaming.

Constructing Identities through Multilingualism and MultiscriptualismThe Linguistic Landscape in Dutch and Belgian Chinatowns多元语言文字中的认同建构——以荷兰、比利 时唐人街的语言风貌为例

2015 ◽  
Vol 11 (2) ◽  
pp. 119-145 ◽  
Author(s):  
Xiaomei Wang ◽  
Hans Van de Velde
Keyword(s):  
The Netherlands ◽  
Traditional Approach ◽  
Linguistic Landscape ◽  
Host Countries ◽  
Landscape Studies ◽  
International Language ◽  
Ethnographic Approach ◽  
Different Types ◽  
Language Area ◽  
The Hague

This paper examines characteristics of the linguistic landscape (ll) in Chinatowns in Belgium and the Netherlands. Fieldwork was conducted in four cities in the Netherlands (Amsterdam, Utrecht, The Hague, and Rotterdam) and two in Belgium (Brussels and Antwerp). All these cities are situated in the Dutch language area, but Brussels is officially bilingual French-Dutch. In the study, the traditional approach in linguistic landscape studies was combined with an ethnographic approach, in which shopkeepers were interviewed about language and script choice in their signs. The quantitative analysis shows that Chinese shows up in more than three quarters of all signs and that in almost 60 per cent of the signs Chinese is the dominant language. Dutch (the language of the region) and English (the international language) show up in almost half the signs. French shows up almost exclusively in Brussels, where Dutch is less used in signs. The analysis also shows interesting differences in script types between the cities. The presence of different types of Chinese character and pinyin systems indexes the Chineseness of the community, the origin of the local Chinese population, the position of the different establishments in the host countries, and the tendency of these Chinese immigrants to localize. We will show how these small overseas-Chinese communities construct and express their new identity by means of multilingualism and multiscriptualism.

scholarly journals Abuse and neglect in children with disabilities: risk varies by type of disability

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Miriam Maclean ◽  
Scott Sims ◽  
Melanie Hansen ◽  
Helen Leonard ◽  
Jenny Bourke ◽  
...  
Keyword(s):  
Intellectual Disability ◽  
Child Maltreatment ◽  
Child Protection ◽  
Linkage Study ◽  
Health Issues ◽  
Parental Mental Health ◽  
Out Of Home Care ◽  
Abuse And Neglect ◽  
Different Types ◽  
Western Australian

ABSTRACT ObjectivesTo examine the risk of abuse and neglect for children with different types of disabilities taking into account other existing adversities, including socioeconomic disadvantage, parental mental health issues, etc. ApproachPopulation based record linkage study of all children born between 1990-2010 utilising the Western Australian Register of Developmental Anomalies, the Intellectual Disabilities Exploring Answers database, Health data and Child Protection data. ResultsAfter taking into account existing adversities intellectual disability was associated with the highest risk of a child maltreatment allegation and entering out-of-home care. Further results include risk by level of intellectual disability and causes of disability. ConclusionDifferent disabilities are associated with differing risk of child maltreatment and child protection involvement. Groups that are considered at higher risk require services to identify and address the support needs of this group and determine how prevention and early intervention can lower the risk for child abuse and neglect in this vulnerable group.

scholarly journals PERANAN KOMISI PERLINDUNGAN ANAK INDONESIA DALAM MEMBERIKAN PERLINDUNGAN HUKUM TERHADAP ANAK KORBAN TINDAK PIDANA PENGANIAYAAN (STUDI KASUS: PENGANIAYAAN ANAK ADOPSI DI HOTEL LE MERIDIEN JAKARTA PUSAT OLEH CW)

2018 ◽  
Vol 1 (1) ◽  
pp. 168
Author(s):  
Sherly Livinus ◽  
Mety Rahmawati
Keyword(s):  
Violent Crime ◽  
State Government ◽  
Child Protection ◽  
Legal Protection ◽  
The State ◽  
State Institutions ◽  
Victims Of Crime ◽  
The Government ◽  
Protection Commission

So many of the phenomenon of violence and crime against children become the harsh spotlight from various circles. Pursuant to Article 20 of Law Number 23 Year 2002 regarding Child Protection, the State, Government, Society, Family and Parents shall be responsible and responsible for the implementation of child protection. The purpose of this study is to look at one of the state institutions established by the government, the Indonesian Child Protection Commission (KPAI) in providing protection for children victims of violent crime. The author took one example of a case study of violent crime against children considering that until now still often occur. The results indicate that there are various efforts by the Indonesian Child Protection Commission (KPAI) to provide legal protection against victims of crime, such as monitoring the progress of the ongoing case and cooperating with community-formed institutions in the field of child protection to realize the welfare of children without discriminatory treatment in order to grow, develop optimally, physically, mentally, and socially.

scholarly journals Mapping European Border Control: On Small Maps, Reflexive Inversion and Interference

2020 ◽  
Vol 8 (4) ◽  
pp. 157-168
Author(s):  
Silvan Pollozek
Keyword(s):  
Research Approach ◽  
Border Control ◽  
Methodological Issues ◽  
State Institutions ◽  
Empirical Inquiry ◽  
Aegean Islands ◽  
The Social ◽  
Different Types ◽  
Mapping Process ◽  
Blind Spots

<p>The so-called hotspots—identification and registration centres on the Aegean Islands in Greece and in Italy—are not only sites of remote detention, European intervention or differential inclusion, but also logistical set-ups, where data is generated and spread across state institutions. Such socio-technical assemblages are hard to research not only because of state actors’ desire to keep things secret but also because of methodological issues. How does one disentangle their extensive, complex and rhizomatic nature? Which trajectories does one follow and which actors and voices does one assemble? Following recent work in the realm of STS, methods are understood as (b)ordering devices, which performatively enact an ordered world and produce accounts of the social, including some realities while excluding others. This article considers mapping a well-suited method for studying widespread socio-technical assemblages, but only if it is handled with caution. Based on an empirical inquiry into the Moria hotspot and following a praxeographic research approach, different types of small maps are developed that enfold complexity by being attentive to situatedness, symmetry, multi-sitedness and multiplicity. Furthermore, it emphasizes an on-going process of reflexive inversion of the mapping process that makes the crafted accounts contestable and its boundaries and blind spots visible. Finally, the article discusses how mappings can be used not only as research but also as a political device that contributes to the work of other collectives beyond the scientific production of truth.</p>

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