EQUAL RIGHTS OF WORKING SPOUSES AND OTHER PERSONS WHO FULFIL FAMILY RESPONSIBILITIES AND THE MAINTENANCE OF THE BALANCE BETWEEN WORK AND FAMILY LIFE

The improvement in the quality of life of an employed person and his/her sustainable development are the basis of the concept of work-life balance. In this concept, the professional and private spheres are of equal importance and should complement and strengthen each other. The objective of ILO Convention 156 and ILO recommendation 165 related to it, is to ensure equal treatment and equal opportunities in the scope of employment and professional activity of working women and men who fulfill family responsibilities. Art. 33 section 2 of the Charter of Fundamental Rights of the European Union and the European pillar of social rights provides accordingly. The permanence of marriage and equal rights of spouses are among the basic principles of Polish family law. Equal rights of women and men in the context of equal rights of persons carrying out parental and care responsibilities are a fundamental constitutional principle in our country. Therefore, new legal regulations at the EU and national level concerning the balance between the professional and private life of parents and guardians are necessary. It should be de lege ferenda called for the inclusion of the concept of balance between professional and private life of working people who perform parental and guardian functions in labor law and family and guardianship law in a wider scope. It seems that nowadays the most important problem is the introduction of legal solutions in the field of work exemptions, employee holidays and more flexible working hours for employees who have care responsibilities towards the elderly or chronically ill (parents, parents-in-law, siblings) to the Labor Code

Father as the primary guardian: based on a case study

The study deals with the general concept of paternity. It analyses the functioning of men as primary parents from the legal, philosophical, psychological, and social perspective. The paper presents the personal and educational competences of fathers who have been authorised by court decisions to act as the primary parent. Given the diversity of legal, psychological and social circumstances of fathers who seek to act as direct carers for their children, the competences to play the role of a primary parent are analysed based on a case study. Based on an analysis of case studies, it has been demonstrated that not every case of direct care results in alienation of the other parent and, consequently, disruption of the bond with the child. The study emphasizes that parental alienation does not stem from faulty decision-making or enforcement of the guardianship law, but rather from incorrect parental attitudes, lack of good will, emotional and social immaturity, and insufficient parenting competences.

Social pedagogy and social work from the perspective of the research areas and practical activities – selected contexts

The theoretical and practical development of social pedagogy was influenced by many social, economic and cultural factors (e.g. industrial and cultural revolutions), which took place in Europe and America in the 19th century. In turn, in 1908 Helena Radlińska created the scientific bases of social pedagogy in Poland and initiated its disciplinary development. In her activities, the researcher emphasized the role of a human in the transformation of reality in which they live. Her concept had a lot in common with the theses of the then German and French philosophical and pedagogical thought, among others Paul Bergman, Jean-Marie Guyau, Paul Natorp, Gabriel Séailles (Theiss, 2018, p. 13). The key moment in the initial phase of the development of so-called Helena Radlińska’s school of social pedagogy was the creation of The Social-Educational Work Study of Free Polish University in 1925. It was the first university in Poland to educate, at the academic level, future social and educational workers and educators in the area of adult education, mother and child care , and organization of social life. Social pedagogy as a science of human education, upbringing, and social functioning is a discipline of humanistic and social science. It has an interdisciplinary character shaped on the basis of the knowledge of various sciences, that includes: philosophy of human life, psychology (experimental, social, clinical), general pedagogy, sociology of education, ethics, social policy, family and guardianship law, theory of environmental education (Kamiński, 1974).

Projekt kompleksowej reformy niemieckiego kodeksu cywilnego w zakresie Vormundschaftsrecht – stan aktualny

The paper discusses the 2nd working draft of government’s bill of reform of Guardianship Law (2. Diskussionteilentwurf ). The fundamental concept of the reform is an overall remodeling of the legal structure of the Civil Code regulations, de-bureaucratization of the requirements regarding custody of the ward’s property, his/her empowerment, introduction of the privilege to choose a non-compensated Guardian before the other types of Guardians with the simultaneous abolition of the subsidiarity principle and the cancellation of the Gegenvormund institution (a form of control authority for the supervision of Guardian).

‘Necessity is Neither Condemned nor Praised’: Social Workers’ Meanings of Guardianship for Disabled People

Throughout the years, disabled people, especially those with intellectual and mental disabilities, have frequently been appointed authorised guardians. Having been criticised for restricting individual freedom and autonomy and in line with the 2006 UN Convention on the Rights of Persons with Disabilities, a 2016 reform in Israel's Legal Capacity and Guardianship Law called for restricting the use of guardianship and preferring less restrictive alternatives, specifically supported decision making (SDM). The success of this reform rests largely on social workers. This study examined the meanings social worker attach to guardianship and SDM. In-depth semi-structured interviews were conducted with twenty-seven Israeli social workers. The findings showed that whilst they acknowledged the shortcomings of guardianship, they nevertheless perceived it to be vital. They provided three justifications for this view: guardianship as a safeguarding practice, guardianship as promoting individual well-being and guardianship in the service of third parties. These findings are discussed in terms of their meaning for guardianship as a risk-aversive practice designed to promote service users’ well-being and quality of life and in terms of the role played by third parties in bringing SDM into force. Recommended steps for moving the current reform in guardianship from paper to practice are highlighted.

How the Guardianship System Can Help Address Gun Violence

This article shows how state guardianship law can provide a mechanism for courts to reduce gun violence by removing the right to possess firearms from individuals found, after hearing and due process, to be incapable of safely possessing them. It explores how this often overlooked body of law not only complements extreme risk protection orders where they exist, but can also be used to accomplish a portion of what such orders are designed to do in states that have not authorized them. It concludes by suggesting some modest adjustments to guardianship law and practice that would help ensure that guardianship systems interventions in this arena are fair and effective.

TAFSIR MAQĀŞID DENGAN PENDEKATAN GENDER TERHADAP AYAT-AYAT HUKUM KELUARGA

This research focuses on rediscovering the verses about the establishment of the family law and the events or the reason of the revelation of the verses. It is then analyzed within the frame of maqāşid and gender approach. The verses can be classified into 3 areas, among others; (a) family law verses starting from marriage to separation either due to death or divorce, (b) the guardianship law verses of the immature child; (c) verses of family wealth law (amwāl al-usrah) which includes inheritance, wasiyat, endowment and everything related to acceptance and or giving. The usage of maqāşid and gender perspectives are based on chapter al-Rūm (30): 21; that marriage rules are aimed to building a harmonious family, which spawns a loving relationship between husband and wife, and compassion among their children. The harmony is awakened through close relationship among husband, wife, and children who are able to fulfill their rights and obligations of each with full of love and affection. Each has the ability to control such rights and obligations freely and proportionately.

Towards supported decision-making: Article 12 of the convention on the rights of persons with disabilities and guardianship law reform

In 2014, a set of National Decision-Making Principles (the Principles) was recommended by theAustralian Law Reform Commission as a legal policy guide for reform of Commonwealth, State and Territory laws. The Principles were aimed to encourage supported decision-making; make the appointment of representatives only a last resort; and to ensure that the will, preferences and rights of individuals direct decisions affecting their lives. This article discusses the sources of the Principles and their relationship to Art 12 of the Convention on the Rights of Persons with Disabilities. The article then examines the steps that are needed to give the Principles full effect in Australian laws to regulate decision-making by individuals who require support. A major focus in implementing a paradigm shift towards supported decision-making is reform of State and Territory guardianship and administration laws. The article examines how guardianship laws should be reformed consistently with the Principles - to ensure that guardianship is invoked only as a last resort and after considering the availability of support to assist people in decision-making. Further, guardianship should be as confined in scope and duration as is reasonably possible; subject to accessible mechanisms for review; and decision-making should respect the will, preferences and rights of the individual. At Commonwealth level, the National Disability Insurance Scheme legislation incorporates some elements of supported decision-making. However, these should also be augmented by providing legal recognition for supporters, and associated safeguards. The author suggests that the Principles can be a catalyst for facilitating important law reform over following decades. The article examines how the Principles may be used by communities, policy-makers and governments to promote world-leading legal changes to ensure that individuals with disability have an equal right to make decisions for themselves.

DOWÓD Z OPINII RODZINNEGO OŚRODKA DIAGNOSTYCZNO-KONSULTACYJNEGO W SPRAWACH O ROZWÓD I JEGO WPŁYW NA TREŚĆ WYROKU W ŚWIETLE WYNIKÓW BADAŃ AKTOWYCH

THE OPINION OF THE FAMILY DIAGNOSTIC-ADVISORY CENTRE AS THE EVIDENCE IN DIVORCE CASES AND ITS INFLUENCE ON JUDGEMENTS (IN THE LIGHT OF C OURT RECORDS)Summary The present article contains results of studies conducted in the Institute of Justice in Warsaw. Basis for the research was 100 judgments in divorce cases by Polish provincial courts from 1997 to 1998. Each of the examined judgments was done after hearing by court of the Family Diagnostic - Advisory Centre (FDAC) opinion in cases including decision as to the guilt for breaking up of marriage and subsequent granting of the paternal authority to the innocent party. The study is going to establish relation between opinions by the FDAC and judgments.The study contains complex and detailed analysis of court decision and its grounds. It shows that opinion given by FDAC is very influential for courts granting judgments which followed it in 80% of analyzed cases. However not all of the suggestions given by experts were relevant. In the majority of the examined cases a mistake made by the expert consisted of the ignorance of law and consequendy of the ambiguous wording of the opinion. Such an opinion was then followed by the judge who usually chose the simplest solution granting the full parental authority to both of the divorced spouses thus avoiding the time consuming and laborious procedure based on the article 58 of the Code of Family and Guardianship Law determining possibility of limitation of the parental authority.Such approach could be declared as an opportunistic one, and provokes postulate de lege ferenda for abolishment of the institution of granting the full parental authority to both of the divorced spouses. Proposed change should simplify courts procedure as well as enable the FDEC to develop its activity as family advisory centers which until now does not exist in Polish legal system.

Guardianship and supported decision making in Israel

Purpose Recent research has promoted the use of supported decision making, in contrast to historical methods of substitute decision making when working with people with intellectual disabilities. In Israel, people with disabilities are protected by the Legal Capacity and Guardianship Law of 1962, which was amended in 2016. The purpose of this paper is to consider how these recent changes are perceived by the professionals in Israel. Design/methodology/approach Professionals with experience in policy making, law, social work and with direct experience working with people with intellectual disabilities (ID) were interviewed using semi-structured interviews and one focus group. Interviews were recorded and subsequently coded and analysed qualitatively. Findings Two major themes were identified. These were: the law and its phrasing, and changing culture. Findings highlight the process of change within guardianship law and practice and the challenges in implementation encountered so far and anticipated in the future. Originality/value Guardianship laws are changing in many states and the challenges to implementation of supported decision-making in these countries have been echoed in this study. Functional models to allow implementation of supported decision-making have not yet been strongly evidenced. It is hoped that this research may provide a springboard for further study into legal capacity and guardianship issues in Israel and elsewhere.