How to Create a Search Mechanism for Disappeared Persons: Lessons from Mexico

2021 ◽  
pp. 262-269
Author(s):  
Volga de Pina Ravest
Keyword(s):  
Family Members ◽  
Criminal Investigation ◽  
Principal Characteristics ◽  
National System ◽  
International Agencies ◽  
Missing Persons ◽  
General Law ◽  
Search Mechanism ◽  
Coordination Systems

In this chapter, Volga de Pina analyses the principal characteristics of the search mechanism created in Mexico with the adoption of the 2017 General Law of Forced Disappearance of Persons, Disappearance committed by Private Parties, and the National System of Search for Persons. The 2017 General Law was the result of a long lobbying process by networks of relatives of disappeared persons, Mexican non-governmental organisations, experts, and international agencies, that participated directly in defining its contents. The model that emerged separates the search from criminal investigation and places emphasis on locating disappeared persons, the main priority of the relatives. With this mechanism, the state’s obligations related to search are widened. To accomplish that goal, new definitions of disappeared and missing persons, a National Search Commission and local commissions in thirty-two states in the country, and specific tools and coordination systems were developed. The design emerged directly out of relatives’ experiences in searching for their family members. The observations that de Pina makes about the process is based on her participation in the discussion of the General Law and her experiences as a member of the Council of Citizens who advised and supervised the mechanism.

scholarly journals The Mexican General Law on the Forced Disappearance of Persons, Disappearances Committed by Individuals and the National Missing Persons System: How Many Steps Forward?

2019 ◽  
Vol 12 (1) ◽  
pp. 125
Author(s):  
Salvador Leyva Morelos Zaragoza
Keyword(s):  
Human Rights ◽  
Criminal Responsibility ◽  
Next Of Kin ◽  
International Human Rights ◽  
Missing Persons ◽  
General Law ◽  
Human Rights Treaties ◽  
Chain Of Command ◽  
International Human ◽  
Human Rights Standards

In 2017, more than 40 years after some of the first documented cases of forced disappearance in Mexico, the General Law on the Forced Disappearance of Persons, Disappearances Committed by Individuals and the National Missing Persons System was published. The approval and enactment of the General Law constitutes a step toward ensuring the free and full enjoyment of human rights of victims of forced disappearance and their next of kin, in accordance with the international human rights standards concerning forced disappearances established by international human rights treaties, the Inter- American Court of Human Rights case law, the recommendations issued by the United Nations Committee and Working Group on Forced or Involuntary Disappearances, and the Inter-American Commission on Human Rights. The General Law introduces and modifies institutions, procedures and guidelines that contribute to ensuring the rights to justice, truth and reparation. However, the General Law does not fully comply with international human rights standards regarding military jurisdiction and criminal responsibility within the chain of command. Also, the proper and effective implementation of the General Law requires strong political will and sufficient material and human resources from the three levels of government. Otherwise, the General Law will simply be regarded as a piece of paper.

scholarly journals A Qualitative Study of Grief among Family Members of Missing Persons in Southern Sri Lanka

2021 ◽  
Author(s):  
Amila Isuru ◽  
Padmakumara Bandumithra ◽  
Shehan Williams
Keyword(s):  
Sri Lanka ◽  
Qualitative Study ◽  
Social Issues ◽  
Family Members ◽  
Ambiguous Loss ◽  
Loved One ◽  
Close Family Member ◽  
Missing Persons ◽  
2004 Tsunami ◽  
Close Family

Abstract IntroductionThe psychological and social issues experienced by family members of missing persons are different from normal grief following the death of a loved one. The term “Ambiguous loss” describes this psychological phenomenon. “Ambiguous loss” acts as a barrier to adjusting to grief, leading to symptoms of depression and intra and interpersonal relational conflicts. An in-depth understanding of this subjective experience is important.MethodA qualitative study was conducted among close family members of persons who had gone missing during the civil conflict and the 2004 tsunami in southern Sri Lanka. Purposive and snowballing sampling methods were used to recruit the participants. In-depth interviews were recorded with the help of a semi-structured guide, after informed consent. The recordings were transcribed and thematically analyzed by three independent investigators. The investigators met to code the themes and ground them through reflexivity. The triangulation process involved cross-checking with the interviewees. ResultsTheoretical sample saturation was achieved with 24 family members of missing persons. Responders were mothers, fathers, wives, husbands, and siblings of missing individuals. Six predominant themes were identified. They lacked closure, hope, guilt, helplessness, perpetual suffering, and effects due to gender roles. ConclusionThe close family member of the missing person has prolonged vacillating grief characterized by hope, guilt, helplessness, and perpetual suffering due to lack of closure. The effects are more pronounced in women through the interplay of socio-cultural factors. The surviving loved one is ‘locked in grief’ indefinitely.

7. Property and Finances When Non-Formalized Relationships End

Family Law ◽  
2019 ◽  
pp. 461-536
Author(s):  
Joanna Miles ◽  
Rob George ◽  
Sonia Harris-Short
Keyword(s):  
Family Members ◽  
General Law ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter focuses on the resolution of property and financial disputes that may arise between family members who are not spouses or civil partners and so who cannot use the statutory remedies discussed in chapter 6. Instead, parties rely largely on the general law of property, trusts, and contract to provide solutions. This chapter examines those areas of law, and the few statutory provisions that apply between these parties, before considering the prospects for reform.

Legal Protection of the Missing and Their Relatives: The Example of Bosnia and Herzegovina

2006 ◽  
Vol 19 (3) ◽  
pp. 773-793 ◽  
Author(s):  
TILMAN BLUMENSTOCK
Keyword(s):  
Human Rights ◽  
Bosnia And Herzegovina ◽  
Transitional Justice ◽  
Family Members ◽  
Legal Protection ◽  
Progressive Development ◽  
Positive Effects ◽  
Missing Persons ◽  
European Court ◽  
Degrading Treatment

More than a decade after the end of the conflict in Bosnia and Herzegovina, the issue of missing persons remains a major obstacle to reconciliation. With a focus on Bosnia and Herzegovina, this article looks at the phenomenon of missing persons and reviews the scope of the legal protection available to the victims and their family members, as well as some of the institutional efforts to shed light on their fate. The article describes the progressive development of the jurisprudence of the Human Rights Chamber for Bosnia and Herzegovina, a court modelled on the procedures of the European Court of Human Rights, which held that Bosnian authorities who are withholding from family members information about missing persons are violating their right not to be subjected to inhuman or degrading treatment and their right to respect for private and family life. It further illustrates the positive effects on politicians and lawmakers which can emanate from transitional justice.

Posttraumatic Growth Among Family Members With Missing Persons From War in Kosovo: Association With Social Support and Community Involvement

2017 ◽  
Vol 80 (1) ◽  
pp. 35-48 ◽  
Author(s):  
Aliriza Arenliu ◽  
Fatmire Shala-Kastrati ◽  
Vjollca Berisha Avdiu ◽  
Moshe Landsman
Keyword(s):  
Social Support ◽  
Posttraumatic Growth ◽  
Community Involvement ◽  
Community Organization ◽  
Social Activism ◽  
Family Members ◽  
Community Based ◽  
Community Based Organizations ◽  
Missing Persons ◽  
Growth Scores

There is almost no data on the role of social support and in general on posttraumatic growth among people who have missing family member(s) as result of war and who experience ambiguous loss. This study explores relationship between reported posttraumatic growth and perceived social support and social activism in community-based organizations dealing directly with issues of missing persons. Family members who reported higher levels of social support from family, friends, and important others reported significant higher levels of posttraumatic growth. Family members that reported being active in community-based organizations reported significant higher averages in posttraumatic growth scores in total and its subscales. Regression analyses indicates that factors associated posttraumatic growth were as follows: being active in community organization dealing with missing person’s issues and higher levels of social support from friends and family. Findings provide insight for clinicians working with this population and psycho social experts working in postconflict contexts.

Should Biological Evidence or DNA Be Retained by Forensic Science Laboratories after Profiling? No, except under Narrow Legislatively-Stipulated Conditions

2006 ◽  
Vol 34 (2) ◽  
pp. 375-379 ◽  
Author(s):  
R. E. Gaensslen
Keyword(s):  
Law Enforcement ◽  
Forensic Science ◽  
Criminal Investigation ◽  
Criminal Case ◽  
Federal Legislation ◽  
Dna Profile ◽  
State Laws ◽  
Missing Persons ◽  
Science Laboratories ◽  
Dna Profiles

DNA profiling and databasing have become commonplace in criminal investigation and prosecution. There is a body of both state and federal legislation enabling the establishment and operation of profile databases for law enforcement purposes. Most legislation is specific as to who (or what evidence) may be profiled for inclusion in a database. The majority of state laws permit DNA profile databasing of offenders convicted of certain defined crimes, of missing persons and their relatives, and of DNA profiles from criminal-case evidence where the depositor is unknown. More recently, a few states have acted to permit databasing profiles of suspects of certain types of crimes, and there appears to be a trend toward wider adoption of this practice. The legislation adopted or proposed thus far defines whose DNA profiles can be databased, and under what circumstances. Less attention has been given to the matter of specimen retention following profiling and databasing.

scholarly journals Ethical Controversies of Familial Searching: The Views of Stakeholders in the United Kingdom and in Poland

2019 ◽  
Vol 44 (6) ◽  
pp. 1068-1092 ◽  
Author(s):  
Rafaela Granja ◽  
Helena Machado
Keyword(s):  
United Kingdom ◽  
Public Good ◽  
Genetic Relatedness ◽  
Criminal Investigation ◽  
Criminal Cases ◽  
Missing Persons ◽  
The United Kingdom ◽  
Social Risks ◽  
Key Stakeholders ◽  
Criminal Suspects

Familial searching is a technology that detects genetic relatedness. The term is generally used to refer to searches conducted in criminal DNA databases to identify criminal suspects through their connection with relatives. Beyond criminal investigation purposes, familial searching might also be used for the identification of unknown bodies and missing persons. The United Kingdom and Poland are cases that illustrate the variability of familial searching meanings, uses, and regulations. In the United Kingdom, familial searching is regulated by exceptionality and is mainly used for the identification of suspects in serious criminal cases. In Poland, familial searching is regulated within the framework of expanding the scope of its application to the search and/or identification of missing persons. Drawing on interviews with diverse key stakeholders in the United Kingdom and Poland, we address the ethical controversies of familial searching in the field of criminal investigation and in the domain of missing persons together. We argue that the views of stakeholders about the ethical controversies of familial searching lead to prescribing specific notions of social risks, public good, and the accountability of the state.

scholarly journals Legal principles and mechanism in relation to missing persons in SFRY and AP KiM

2021 ◽  
Vol 18 (2) ◽  
pp. 113-126
Author(s):  
Igor Vukonjanski ◽  
Darko Obradović
Keyword(s):  
Regional Cooperation ◽  
Family Members ◽  
Legal Framework ◽  
Complex Problem ◽  
Precise Determination ◽  
Armed Conflicts ◽  
Humanitarian Law ◽  
Political Issue ◽  
Missing Persons ◽  
The Right

Resolving the issue of missing persons in the former SFRY, including cases of disappearances and abductions in Kosovo and Metohia, is an important humanitarian and political issue. The process of reconciliation is based on the building of multiethnic societies democracy, the rule of law and tolerance in the region largely depend on solving this complex problem. At the same time, it is the obligation of the competent authorities towards the families of missing persons who have the right to know the truth about the fate of their loved ones. As the solution of the problem of missing persons should be approached primarily as humanitarian law, it was noticed that from the very beginning of this process there is a high degree of politicization. Although the need to find out the truth about the fate of persons who disappeared during the armed conflicts is expressed primarily among their family members, and then sporadically appears on the agenda of meetings of statesmen in the region, in reality there are real obstacles to the search for missing persons. These obstacles range from insufficient capacity of state bodies involved in the search for missing persons, insufficient financial resources, to a lack of political will to improve regional cooperation and a determination to make the search for missing persons more efficient. As a consequence of the described situation, it is evident that the process is slowing down and giving priority to activities on the ethnic rather than humanitarian principle, which would enable this problem to be solved to approximately the same scope and dynamics in the entire region. Also, an insufficient degree of cooperation and openness in the exchange of information between participants in the process and cooperation for the necessary planning and synchronization of activities and the most precise determination of the dynamics in the process of exhumations and identifications in the region was noticed. Therefore, the denial of information on abductees and missing persons was characterized as a gross violation of the human rights of their family members. On the other hand, there remains an obligation that all perpetrators of crimes such as kidnappings and other acts of violence against civilians must be brought to justice in accordance with international norms and applicable domestic law. Therefore, the aim of this paper is to show the importance of consistent application of international legal frameworks in the protection of the rights of missing persons and their families, with special reference to the relationship between international and national legal framework for clarifying the fate of missing persons.

Effective Clinical Interviewing

1978 ◽  
Vol 9 (4) ◽  
pp. 265-271 ◽  
Author(s):  
Pauline T. Flynn
Keyword(s):  
Family Members ◽  
Essential Elements ◽  
Speech Language Pathologist ◽  
Lay Persons ◽  
Clinical Interviewing ◽  
Client Management

Speech, language, and hearing professionals rely on many individuals to provide information about a client. Management programs, in part, are devised, modified, and evaluated according to responses obtained from the client, family members, educators, and other professional and lay persons who have contact with the client. The speech-language pathologist has the responsibility of obtaining pertinent, complete, unbiased information about clients. This article provides an overview of the essential elements of an interview.

Much Ado About Fried Chicken: Abetting Aspiration or Respecting Autonomy?

2019 ◽  
Vol 28 (3) ◽  
pp. 1356-1362
Author(s):  
Laurence Tan Lean Chin ◽  
Yu Jun Lim ◽  
Wan Ling Choo
Keyword(s):  
Palliative Care ◽  
End Of Life ◽  
Multidisciplinary Team ◽  
Biopsychosocial Model ◽  
Family Members ◽  
Clinical Decisions ◽  
Goals Of Care ◽  
Complex Needs ◽  
Aspiration Risk ◽  
Patient Centric

Purpose Palliative care is a philosophy of care that encompasses holistic, patient-centric care involving patients and their family members and loved ones. Palliative care patients often have complex needs. A common challenge in managing patients near their end of life is the complexity of navigating clinical decisions and finding achievable and realistic goals of care that are in line with the values and wishes of patients. This often results in differing opinions and conflicts within the multidisciplinary team. Conclusion This article describes a tool derived from the biopsychosocial model and the 4-quadrant ethical model. The authors describe the use of this tool in managing a patient who wishes to have fried chicken despite aspiration risk and how this tool was used to encourage discussions and reduce conflict and distress within the multidisciplinary team.

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