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)
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;
NORTHERN IRELAND. Northern Ireland Assembly. Research and Library Services\
Publisher:
Northern Ireland. Northern Ireland Assembly. Research and Library Services
Publication year:
2010
Pagination:
46p.
Place of publication:
Belfast
In 2007 the Office of the First Minister and deputy First Minister (OFMDFM) appointed independent consultants to review the case for creating a Commissioner for Older People for Northern Ireland. The consultants were also to advise on the potential role and remit of a Commissioner. They carried out research and met with age sector organisations, statutory bodies and other stakeholders and delivered a final feasibility report to OFMDFM in May 2008. A key conclusion in the report was that there was a need for a Commissioner for Older People. The report recommended that legislation be introduced to enable a Commissioner to be appointed with a range of functions, powers and duties. OFMDFM consequently drew up policy proposals and draft legislation and carried out pre-consultation with stakeholder organisations and a formal public consultation between October 2009 and January 2010.
In 2007 the Office of the First Minister and deputy First Minister (OFMDFM) appointed independent consultants to review the case for creating a Commissioner for Older People for Northern Ireland. The consultants were also to advise on the potential role and remit of a Commissioner. They carried out research and met with age sector organisations, statutory bodies and other stakeholders and delivered a final feasibility report to OFMDFM in May 2008. A key conclusion in the report was that there was a need for a Commissioner for Older People. The report recommended that legislation be introduced to enable a Commissioner to be appointed with a range of functions, powers and duties. OFMDFM consequently drew up policy proposals and draft legislation and carried out pre-consultation with stakeholder organisations and a formal public consultation between October 2009 and January 2010.
NATIONAL SOCIETY FOR THE PREVENTION OF CRUELTY TO CHILDREN
Publisher:
National Society for the Prevention of Cruelty to Children
Publication year:
2008
Pagination:
5p.
Place of publication:
London
The NSPCC regards the coercion involved in forced marriage to be abusive, and is opposed to all practices of a coercive and abusive nature. It strongly believes in promoting the rights of children and young people to participate in decisions that affect them.
The NSPCC regards the coercion involved in forced marriage to be abusive, and is opposed to all practices of a coercive and abusive nature. It strongly believes in promoting the rights of children and young people to participate in decisions that affect them.
There is a long history of demands for a Bill of Rights for Northern Ireland and prior to the current peace process there was consensus among the main political parties that a Bill of Rights for Northern Ireland would be a good thing. The Belfast (Good Friday) Agreement 1998 also indicated that a Bill of Rights should form part of a lasting settlement. The Secretary of State’s request to the Northern Ireland Human Rights Commission – under the terms of the Agreement and the Northern Ireland Act 1998 – to consult and advise the Secretary of State on the scope for such a Bill, is an important part of the settlement. But it is only a part. The final delivery of an effective and appropriate Bill of Rights is a matter for all those involved in the search for long-term peace and stability in Northern Ireland – the two governments, the political parties, civic society and indeed all the people of Northern Ireland. A Bill of Rights should not be thought of as just another piece of legislation to achieve a particular objective. It should set general standards against which all kinds of ordinary legislation and activity by the Government are to be judged. It should therefore be drafted in general terms, setting out basic principles for how the Government should operate but allowing a good deal of flexibility for the way in which the principles are implemented. It should also allow for changing interpretation as time passes and circumstances change. Finally it should be given a special constitutional status and special procedures for any future amendment so that the rights it protects cannot be chiselled away by future law-makers.
Under the Rent (Scotland) Act 1984, it is a criminal offence for a landlord or agent or anyone else, such as a neighbour, to evict a tenant unlawfully without a court order, or to use harassment (such as threatening behaviour or turning off the water or electricity supply) to try to make them leave. This booklet describes the rights of private tenants and sets out what they can do if they feel that they are being harassed or threatened with eviction.
Under the Rent (Scotland) Act 1984, it is a criminal offence for a landlord or agent or anyone else, such as a neighbour, to evict a tenant unlawfully without a court order, or to use harassment (such as threatening behaviour or turning off the water or electricity supply) to try to make them leave. This booklet describes the rights of private tenants and sets out what they can do if they feel that they are being harassed or threatened with eviction.
GREAT BRITAIN. Department for Constitutional Affairs
Publisher:
Great Britain. Department for Constitutional Affairs
Publication year:
2006
Pagination:
44p.
Place of publication:
London
Edition:
3rd ed.
This detailed guide, updated in October 2006, explains how the Human Rights Act works and how the various rights have been applied. Versions in Welsh, and a simplified version in English specially designed for people with learning disabilities, are available on request.
This detailed guide, updated in October 2006, explains how the Human Rights Act works and how the various rights have been applied. Versions in Welsh, and a simplified version in English specially designed for people with learning disabilities, are available on request.
GREAT BRITAIN. Department for Communities and Local Government
Publisher:
Great Britain. Department for Communities and Local Government
Publication year:
2007
Pagination:
189p.
Place of publication:
London
This consultation paper sets out the Government’s proposals for a Single Equality Bill for Great Britain. The proposals have been developed as a result of the Discrimination Law Review, launched in February 2005 to consider the opportunities for creating a clearer and more streamlined discrimination legislative framework which produces better outcomes for those who currently experience
This consultation paper sets out the Government’s proposals for a Single Equality Bill for Great Britain. The proposals have been developed as a result of the Discrimination Law Review, launched in February 2005 to consider the opportunities for creating a clearer and more streamlined discrimination legislative framework which produces better outcomes for those who currently experience disadvantage. This consultation seeks views on various specific proposals for achieving this.
There are an estimated three million workers in the UK who care for dependent adults. In effect, they have to juggle two jobs – and employers should be taking action to make this as easy as possible. Carers need the same opportunities to get a job or stay in work as everyone else, regardless of their responsibilities outside work. The availability of flexible working and paid dependency leave is the key to ensuring that employees with caring responsibilities can work and continue to be effective in the workplace - and from this month, carers have a new legal right to request flexible working under the Work and Families Act 2006.
There are an estimated three million workers in the UK who care for dependent adults. In effect, they have to juggle two jobs – and employers should be taking action to make this as easy as possible. Carers need the same opportunities to get a job or stay in work as everyone else, regardless of their responsibilities outside work. The availability of flexible working and paid dependency leave is the key to ensuring that employees with caring responsibilities can work and continue to be effective in the workplace - and from this month, carers have a new legal right to request flexible working under the Work and Families Act 2006.