Social and Public Policy Review, 6(2), 2012, pp.1-17.
Publisher:
University of Plymouth
Place of publication:
Plymouth
Family Law and family rights are, without doubt, currently undergoing changes in that underlying values have been inverted. Major differences can however be observed and different models prevail in the contemporary States. There are four separate options, in fact, according to whether one adopts a view based on liberalism/authoritarianism or in egalitarianism/non-egalitarianism: the absolute...
(Publisher abstract)
Family Law and family rights are, without doubt, currently undergoing changes in that underlying values have been inverted. Major differences can however be observed and different models prevail in the contemporary States. There are four separate options, in fact, according to whether one adopts a view based on liberalism/authoritarianism or in egalitarianism/non-egalitarianism: the absolute nuclear family, the egalitarian nuclear family, the birth family and the community family. Family Law and family rights can be said to revolve around these principles. This essay therefore examines equality with regard to drafting legislation in the light of both dimensions and considers the current tendency to specify the rights of the family. The essay concludes with an analysis of some of those rights and setting out the cultural and ideological, political and economic issues that necessarily serve to question the subject of this study.
(Publisher abstract)
This book, suitable for students on all social work courses, it offers a clear approach to the law which governs social work. It provides detailed analysis of the law which protects people from harm and enables social workers to assess needs and provide services to meet those needs. This edition has been restructured to provide greater coherence within parts and cross-referencing. In five...
This book, suitable for students on all social work courses, it offers a clear approach to the law which governs social work. It provides detailed analysis of the law which protects people from harm and enables social workers to assess needs and provide services to meet those needs. This edition has been restructured to provide greater coherence within parts and cross-referencing. In five distinct parts the authors present key topics covered on all social work law courses. Starting with an analysis of the legal system and the social worker's place in it, the authors then address human rights, the issues of discrimination, privacy of information and issues surrounding consent. Other topics covered include responsibilities to children including safeguarding children and interagency working and responsibilities towards adults including mental health issues. Finally the authors cover issues which affect the service user such as private family disputes, immigration and asylum status, issues relating to money, housing and violence. Individual chapters open with a case study based on a recent case or enquiry, highlighting the vital issues that the chapters will explore. Key learning points are set out early in the chapter, and each chapter contains questions for discussion.
This book provides a critical guide to the Equality Act 2010 in the context of what it means for mental health services and how it should be implemented. Part 1 provides an overview of the Act. Part 2 addresses each of the 9 characteristics protected by the Act in turn, examining the research and practice issue associated with each and offering positive guidance. Part 3 highlights a number of broader issues associated with achieving equality in mental health, including conflicts between different forms of discrimination, the impact of budget cuts and the issue of inequality in wider society and how it relates to mental health services. Finally, part 4 tackles organisational change and the implications for management practice, organisational structures and staff training. This book will be of interest to those involved in providing mental health services, including managers and frontline workers across health and social care
This book provides a critical guide to the Equality Act 2010 in the context of what it means for mental health services and how it should be implemented. Part 1 provides an overview of the Act. Part 2 addresses each of the 9 characteristics protected by the Act in turn, examining the research and practice issue associated with each and offering positive guidance. Part 3 highlights a number of broader issues associated with achieving equality in mental health, including conflicts between different forms of discrimination, the impact of budget cuts and the issue of inequality in wider society and how it relates to mental health services. Finally, part 4 tackles organisational change and the implications for management practice, organisational structures and staff training. This book will be of interest to those involved in providing mental health services, including managers and frontline workers across health and social care
Subject terms:
law, mental health services, discrimination, equal opportunities;
Journal of Comparative Social Welfare, 28(1), 2012, pp.75-83.
Publisher:
Taylor and Francis
Because of the illegal and underground nature of trafficking women, it is difficult to accurately estimate the full extent of this social problem. However between 700,000 and two million women and children are trafficked for labour and sexual exploitation annually. Because sex trafficking is a global phenomenon, the United Nations took the lead in developing a universal definition of ‘‘trafficking of women and children’’ through the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children in 2000. The development of the protocol was a call to other nations to develop their own national legislation to address sex trafficking. Nations have responded to this call to action in differing degrees. This article develops a conceptual framework grounded in diffusion of innovation theory using international social development indices and a public policy instrument model to examine the variation in legislation that has been enacted to combat sex trafficking. The characteristics of innovators, the environmental context, and the innovation of comprehensive sex trafficking policy, categorised into nodality, authority, organisation, and treasure, are conceptualised. Additionally, international indices of the Human Development Index, the Gender Disparity Index, and the Gender Empowerment Measurement are operationalised within the proposed diffusion of innovations model for anti-sex trafficking policy adoption.
Because of the illegal and underground nature of trafficking women, it is difficult to accurately estimate the full extent of this social problem. However between 700,000 and two million women and children are trafficked for labour and sexual exploitation annually. Because sex trafficking is a global phenomenon, the United Nations took the lead in developing a universal definition of ‘‘trafficking of women and children’’ through the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children in 2000. The development of the protocol was a call to other nations to develop their own national legislation to address sex trafficking. Nations have responded to this call to action in differing degrees. This article develops a conceptual framework grounded in diffusion of innovation theory using international social development indices and a public policy instrument model to examine the variation in legislation that has been enacted to combat sex trafficking. The characteristics of innovators, the environmental context, and the innovation of comprehensive sex trafficking policy, categorised into nodality, authority, organisation, and treasure, are conceptualised. Additionally, international indices of the Human Development Index, the Gender Disparity Index, and the Gender Empowerment Measurement are operationalised within the proposed diffusion of innovations model for anti-sex trafficking policy adoption.
Subject terms:
human trafficking, law, social policy, government policy;
Journal of Social Policy, 41(3), July 2012, pp.591-614.
Publisher:
Cambridge University Press
Place of publication:
Cambridge
Research has highlighted the lack of knowledge possessed by people with regard to legal issues and processes. The aim of this paper was to explore how knowledge of rights affects the resolution of civil justice problems. Data were extracted from the Civil and Social Justice Survey (CSJS), a large-scale survey of adults’ experience of rights problems throughout England and Wales. A total of 10,537 adults were interviewed regarding a ‘difficult to solve’ problem they has experienced in the previous 3 years. The results demonstrated that 64.8% of individuals were not aware of their rights at the time the problem occurred. Knowledge was shown to be poorest amongst those with mental illness, those without higher qualifications, and those renting their homes. Problems where knowledge was poor included clinical negligence, welfare benefits and neighbours issues. Knowledge did not appear to be related to a particular problem-solving strategy but had an impact on the fulfilment of objectives and the obtaining of advice. The findings indicate that knowledge of rights alone is not associated with legal self-sufficiency in terms of a reduced dependence upon legal advice services. However, individuals with knowledge of rights experience better outcomes when they opt to handle their problem alone. The findings highlight the role that Public Legal Education (PLE) may play in disposing of less complex problems, while presenting a strong case for the continued availability of free legal advice services.
Research has highlighted the lack of knowledge possessed by people with regard to legal issues and processes. The aim of this paper was to explore how knowledge of rights affects the resolution of civil justice problems. Data were extracted from the Civil and Social Justice Survey (CSJS), a large-scale survey of adults’ experience of rights problems throughout England and Wales. A total of 10,537 adults were interviewed regarding a ‘difficult to solve’ problem they has experienced in the previous 3 years. The results demonstrated that 64.8% of individuals were not aware of their rights at the time the problem occurred. Knowledge was shown to be poorest amongst those with mental illness, those without higher qualifications, and those renting their homes. Problems where knowledge was poor included clinical negligence, welfare benefits and neighbours issues. Knowledge did not appear to be related to a particular problem-solving strategy but had an impact on the fulfilment of objectives and the obtaining of advice. The findings indicate that knowledge of rights alone is not associated with legal self-sufficiency in terms of a reduced dependence upon legal advice services. However, individuals with knowledge of rights experience better outcomes when they opt to handle their problem alone. The findings highlight the role that Public Legal Education (PLE) may play in disposing of less complex problems, while presenting a strong case for the continued availability of free legal advice services.
Subject terms:
law, rights, access to information, advice services;
EUROPEAN PARLIAMENT. Directorate General for Internal Policies
Publisher:
European Parliament
Publication year:
2012
Pagination:
49p.
Place of publication:
Brussels
The aim of this briefing paper is to provide an overview of the EU situation with respect to the rights of the child. In recent years, the EU has adopted a number of important measures, including the Lisbon Treaty. Article 24 of the Charter of Fundamental Rights of the European Union (the Charter) is now EU law. At the same time, various EU policies and programmes on children’s rights have been
The aim of this briefing paper is to provide an overview of the EU situation with respect to the rights of the child. In recent years, the EU has adopted a number of important measures, including the Lisbon Treaty. Article 24 of the Charter of Fundamental Rights of the European Union (the Charter) is now EU law. At the same time, various EU policies and programmes on children’s rights have been introduced, both within and outside the EU. These cover a wide spectrum of issues ranging from antidiscrimination, to health and safety of a child, and countering of child labour, trafficking and prostitution. This analysis covers the possible effects of the new legal provisions regarding the realisation of these rights. In particular, it explores which articles of the Lisbon Treaty could provide a legal foundation to adopt further legislative initiatives in favour of the realisation of the rights of the child. A number of recommendations are made to consolidate the EU legal framework in this field.
This article examines the issues surrounding the criminalisation of forced marriage in the UK. It considers the efficacy of existing legislation, including the Forced Marriage (Civil Protection) Act 2007 and the very low levels of conviction involving in imprisonment it resulted in. The article discusses the Prime Minister’s stated intention to criminalise forced marriage, and the pros and cons of such a response. In ending, the article concludes that time and money would be better spent ensuring the existing Act is implemented effectively, rather than by creating further legislation.
This article examines the issues surrounding the criminalisation of forced marriage in the UK. It considers the efficacy of existing legislation, including the Forced Marriage (Civil Protection) Act 2007 and the very low levels of conviction involving in imprisonment it resulted in. The article discusses the Prime Minister’s stated intention to criminalise forced marriage, and the pros and cons of such a response. In ending, the article concludes that time and money would be better spent ensuring the existing Act is implemented effectively, rather than by creating further legislation.
Subject terms:
law, criminal justice, forced marriage, government policy;
Social Care and Neurodisability, 3(1), 2012, pp.37-39.
Publisher:
Emerald
This article discusses the subject of covert surveillance in personal litigation. The author believes that there has been an increased use of surveillance evidence in litigation cases involving head injury. The aim of the surveillance is to attempt to provide evidence to discredit the injured person. This paper aims to raise awareness of the possible ramifications of surveillance and the need for vigilance by families and social care staff. Using case material, the article describes how surveillance can have a detrimental effect upon emotional state and psychological wellbeing of the person with traumatic brain injury, adversely affect their rehabilitation, and potentially produce misleading information. Advice is provided to the claimant and to their carers as to how to react if covert surveillance is suspected.
This article discusses the subject of covert surveillance in personal litigation. The author believes that there has been an increased use of surveillance evidence in litigation cases involving head injury. The aim of the surveillance is to attempt to provide evidence to discredit the injured person. This paper aims to raise awareness of the possible ramifications of surveillance and the need for vigilance by families and social care staff. Using case material, the article describes how surveillance can have a detrimental effect upon emotional state and psychological wellbeing of the person with traumatic brain injury, adversely affect their rehabilitation, and potentially produce misleading information. Advice is provided to the claimant and to their carers as to how to react if covert surveillance is suspected.
Social Care and Neurodisability, 3(1), 2012, pp.40-43.
Publisher:
Emerald
This paper aims to consider the advantages of using the Rehabilitation Code within personal injury litigation. Under the terms of the Rehabilitation Code, insurers and solicitors are encouraged to consider early rehabilitation so that an injured party can make the quickest possible recovery medically, psychologically, vocationally and socially. In theory, rehabilitation should be quickly accessible to all those with a potential personal injury claim and should run alongside the litigation proceedings. This paper is designed to go through the key features of the Rehabilitation Code, how the Code is implemented on a practical level and the advantages to both Claimant and Defendant Advisors in utilising the Code. It highlights that the early provision of rehabilitation can make a significant and positive contribution to the life of an injured party, and actively encourages all parties involved in the litigation process to act in a collaborative manner and to fully engage with the Rehabilitation Code.
This paper aims to consider the advantages of using the Rehabilitation Code within personal injury litigation. Under the terms of the Rehabilitation Code, insurers and solicitors are encouraged to consider early rehabilitation so that an injured party can make the quickest possible recovery medically, psychologically, vocationally and socially. In theory, rehabilitation should be quickly accessible to all those with a potential personal injury claim and should run alongside the litigation proceedings. This paper is designed to go through the key features of the Rehabilitation Code, how the Code is implemented on a practical level and the advantages to both Claimant and Defendant Advisors in utilising the Code. It highlights that the early provision of rehabilitation can make a significant and positive contribution to the life of an injured party, and actively encourages all parties involved in the litigation process to act in a collaborative manner and to fully engage with the Rehabilitation Code.
Children and Youth Services Review, 34(1), January 2012, pp.276-280.
Publisher:
Elsevier
The Children and Youth Welfare Law in Taiwan mandates that professionals who work closely with children are obliged to report incidents of child abuse to the relevant authorities within 24 hours. However, although aware of their mandatory reporting responsibilities, professionals inconsistently report child abuse. The aim of this study was to explore the ethical and legal challenges of mandated...
The Children and Youth Welfare Law in Taiwan mandates that professionals who work closely with children are obliged to report incidents of child abuse to the relevant authorities within 24 hours. However, although aware of their mandatory reporting responsibilities, professionals inconsistently report child abuse. The aim of this study was to explore the ethical and legal challenges of mandated reporters when reporting child abuse. Individual interviews were conducted with a purposive sample of 18 mandated reporters including physicians, nurses, social workers, and teachers. Three themes emerged from the interviews: conflicts; time; and law as refuge. Professional conflicts were categorised as ethical conflicts, sympathy versus responsibility, and cultural norms versus responsibility. The theme of time included limited time and an uncertain future. The law provides security and refuge for professionals to find a solution to the challenges of reporting child abuse. The article concludes that the ethical and legal challenges of reporting child abuse create complex dilemmas for mandated reporters. Supportive structures and education are needed to assist professionals in meeting their reporting obligation and solving their dilemmas.