Search result: 1218 articles

x
Article

Access_open Enhanced Contact Rights for Grandparents? A Critical View from Spanish and Catalan Laws

Journal Family & Law, September 2021
Keywords Contact with grandchildren, Best interest of the child, Parental responsibilities
Authors prof. dr. J. Ribot Igualada
AbstractAuthor's information

    This article examines how Spanish and Catalan laws deal with claims of grandparents who seek contact with their grandchildren against the will of one or both parents, and the scope given to their rights. It starts by explaining the content and the goals of the legal reforms enacted in Spain at the beginning of the 21st century to promote grandparents’ interests. Then, it presents the case law developed in the interpretation of the relevant legal rules. The resulting state of the law is assessed, taking into account the interests of all the parties involved (parents, grandparents, and grandchildren). The experience of more than twenty years of application of the specific provisions concerning grandparents’ contact rights sheds light on the impact of giving grandparents stronger legal rights. However, it also prompts the question of whether this legislative choice might have brought about useless and potentially harmful litigation.


prof. dr. J. Ribot Igualada
Jordi Ribot Igualada is Professor of Civil Law at the Institute of European and Comparative Law and Director of the Institute of European and Comparative Private Law (University of Girona).

Albert Dzur
Albert Dzur is Distinguished Research Professor, Departments of Political Science and Philosophy, Bowling Green State University, USA. Contact author: awdzur@bgsu.edu.
Article

Exploring the growth and development of restorative justice in Bangladesh

Journal The International Journal of Restorative Justice, Issue 2 2021
Keywords restorative justice, Bangladesh, salish, village courts, INGOs
Authors Muhammad Asadullah and Brenda Morrison
AbstractAuthor's information

    Although restorative justice is a new concept in Bangladesh (BD), resolving wrongdoing outside the criminal justice system is not a new practice. Community-based mediation, known as salish, has been practised for centuries – withstanding colonisation, adaptation and distortion. Other practices, such as village courts and customary justice, are also prevalent in Bangladesh. Of these, village courts are currently the most widely practised in Bangladesh. Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ Bangladesh) formally introduced restorative justice in 2013 with the support of international non-governmental organisations (INGOs), NGOs, academics and government agencies. Most of the literature on community-based justice practice focuses on village courts; academic, peer-reviewed research on restorative justice in Bangladesh is scarce. This qualitative study explores the growth and development of restorative justice in Bangladesh. Using in-depth qualitative interviews and survey, the study retraces the genesis of restorative justice in Bangladesh. In recent times, GIZ Bangladesh has been key to the development of restorative justice, which was further expanded by UNDP’s Activating Village Courts project, as well as a graduate course on restorative justice at the University of Dhaka. This study also finds contentious themes raised by the key informants, specifically the role of INGOs, government and community.


Muhammad Asadullah
Muhammad Asadullah is Assistant Professor at the Department of Justice Studies, University of Regina, Canada.

Brenda Morrison
Brenda Morrison is Associate Professor at the School of Criminology, Simon Fraser University, Canada. Contact author: Muhammad.Asadullah@uregina.ca.

Ian D. Marder
Ian D. Marder is a Lecturer in Criminology in the Department of Law at Maynooth University, Ireland.

Meredith Rossner
Meredith Rossner is a Professor of Criminology at the Centre for Social Research and Methods at Australia National University, Australia. Contact author: Ian.Marder@mu.ie.

Stephan Parmentier
Stephan Parmentier is a Professor of Sociology of Law, Crime and Human Rights at the Faculty of Law, KU Leuven, Belgium. Contact author: stephan.parmentier@kuleuven.be.

Silvia Randazzo
Silvia Randazzo is a PhD researcher at the KU Leuven Institute of Criminology, Leuven, Belgium. Contact author: silvia.randazzo@kuleuven.be.
Article

Performing the COVID-19 Crisis in Flemish Populist Radical-Right Discourse

A Case Study of Vlaams Belang’s Coronablunderboek

Journal Politics of the Low Countries, Issue 2 2021
Keywords populism, COVID-19, crisis, discourse
Authors Jens Meijen
AbstractAuthor's information

    In June 2020, the Flemish populist radical right party Vlaams Belang (VB) published the Corona Blunder Book (CBB; Coronablunderboek in Dutch), detailing the government’s mistakes in handling the COVID-19 crisis. Populist parties can ‘perform’ crisis by emphasising the mistakes made by opponents (Moffitt, 2015) and may use a specifically populist discursive style, consisting largely of aggressive and sarcastic language (Brubaker, 2017). This paper takes the CBB as a case study in the populist performance of crisis and the populist style, finding that the book is, first, a clear example of populist ‘everyman’ stylistics and the performance of crisis, and, second, that VB uses the book to shift the COVID-19 crisis from a public health crisis to a crisis of governance, seeking to blame Belgium’s federal structure for the government’s alleged mismanagement of the COVID-19 pandemic and hence arguing for Flemish independence, one of the party’s main agenda points.


Jens Meijen
Jens Meijen is a PhD candidate at Leuven International and European Studies (LINES) at KU Leuven. His research focuses on nationalism, populism, and diplomacy.
Article

Access_open The Resilience of Democracy in the Midst of the COVID-19 Pandemic

Democratic Compensators in Belgium, the Netherlands and France

Journal Politics of the Low Countries, Issue 2 2021
Keywords COVID-19, crisis-management, democratic compensators, exceptionalism
Authors Tom Massart, Thijs Vos, Clara Egger e.a.
AbstractAuthor's information

    Since January 2020, European countries have implemented a wide range of restrictions to contain the COVID-19 pandemic. Yet governments have also implemented democratic compensators in order to offset the negative impacts of restrictions. This article aims to account for the variation of their use between Belgium, the Netherlands and France. We analyse three drivers: the strength of counterpowers, the ruling parties’ ideological leanings and political support. Building on an original data set, our results distinguish between embedded and ad hoc compensators. We find that ad hoc compensators are championed mainly by counterpowers, but also by ideology of the ruling coalitions in Belgium and the Netherlands and used strategically to maintain political support in France. Evidence on the link between embedded compensators and counterpowers is more ambiguous.


Tom Massart
Tom Massart is a PhD candidate at ULB / CEVIPOL. His research mainly focuses on European economic governance.

Thijs Vos
Thijs Vos is a political scientist and research assistant at Groningen University.

Clara Egger
Clara Egger is assistant professor in international relations at Groningen University. She is currently leading the Exceptius project on Covid19 containment policies in Europe.

Claire Dupuy
Claire Dupuy is professor of comparative politics at UCLouvain. She specializes in comparative public policy with a focus on multilevel governance, federalism and regionalization processes.

Constance Morel-Jean
Constance Morel-Jean is a master’s student at Grenoble-Alpes University. She specialises in the study of political behaviour.

Raul Magni-Berton
Raul Magni-Berton is professor of political science at Grenoble-Alpes University, PACTE research unit. His research mainly focuses on democracy, its institutions and norms.

Sébastian Roché
Sebastian Roché is CNRS Research Professor at Grenoble-Alpes University, PACTE research unit. He specializes in policing and legitimacy studies.

    Restorative justice has frequently been presented as a new criminal justice paradigm, and as something that is radically different from punishment. I will argue that this ‘oppositioning’ is problematic for two reasons: first, because some cases of restorative justice constitute de facto punishment from the perspectives of some positions on what punishment is; second, because restorative justice could reasonably be more widely adopted as a new form of de jure punishment, which could potentially increase the use of restorative justice for the benefit of victims, offenders and society at large. In connection with the latter, I want to present some preliminary thoughts on how restorative justice could be incorporated into future criminal justice systems as de jure punishment. Furthermore, I will suggest that by insisting that restorative justice is radically different from punishment, restorative justice advocates may − contrary to their intentions − play into the hands of those who want to preserve the status quo rather than developing future criminal justice systems in the direction of restorative justice.


Christian Gade
Christian B. N. Gade is an associate professor of human security and anthropology at Aarhus University and a mediator in the Danish victim-offender mediation programme (Konfliktråd). Corresponding author: gade@cas.au.dk. Acknowledgements: I would like to thank Pernille Reese, head of the Danish Victim-Offender Mediation Secretariat, for our many dialogues about restorative justice and punishment. Furthermore, I am grateful to Søren Rask Bjerre Christensen and Isabelle Sauer for their thoughtful comments on earlier drafts of this article. Last but not least, I would like to thank the three anonymous reviewers for their valuable feedback.

Lukas van den Berge
Lukas van den Berge is assistent professor of legal theory at Utrecht University.

    In its decision rendered on 28 February 2019, the Luxembourg Court of Appeal (Cour d’appel de Luxembourg) examined under which circumstances on-call duty performed at the workplace qualifies as actual working time.
    The issue raised was whether the time spent at night by an employee (i.e. the presence of an employee at the workplace) performing the work of a live-in carer was to be considered as ‘actual working time’.
    The Court expressly referred to EU case law and decided that the concept of actual working time is defined by two criteria, namely (i) whether the employee during such a period must be at the employer’s disposal, and (ii) the interference with the employee’s freedom to choose their activities.
    In view of the working hours provided for in the employment contract and in the absence of evidence proving that the employee would not have been at the employer’s home during her working hours, the Court found that the employee stayed at the employer’s home at night and at the employer’s request. It was irrelevant in this respect whether it was for convenience or not. It was further established that the employee could not leave during the night and return to her home and go about her personal business, so that the hours she worked at night were to be considered as actual working time.
    Given that the employee’s objections regarding her salary were justified (as the conditions of her remuneration violated statutory provisions), the Court decided that the dismissal was unfair.


Michel Molitor
Michel Molitor is the managing partner of MOLITOR Avocats à la Cour SARL in Luxembourg, www.molitorlegal.lu.

    The Supreme Court (SC) has unanimously decided that drivers engaged by Uber are workers rather than independent contractors. It also decided that drivers are working when they are signed in to the Uber app and ready to work.


Colin Leckey
Colin Leckey is a partner at Lewis Silkin LLP.

    The Court of Appeal has overturned a High Court decision which granted injunctive relief to prevent the defendant from removing the plaintiff from his position as chief financial officer during his probationary period.


Orla O’Leary
Orla O’Leary is an attorney-at-law at Mason Hayes & Curran in Dublin.

Laura Ryan
Laura Ryan is a trainee solicitor at Mason Hayes & Curran in Dublin.
Article

Restorative justice in schools: examining participant satisfaction and its correlates

Journal The International Journal of Restorative Justice, Issue Online First 2021
Keywords restorative justice, school-to-prison-pipeline, satisfaction
Authors Ph.D. John Patrick Walsh, Jaclyn Cwick, Patrick Gerkin e.a.
AbstractAuthor's information

    Schools in the United States are implementing restorative justice practices that embrace student responsibility and reintegration to replace the zero-tolerance exclusionary policies popularised in the 1980s and 1990s. However, little is known about what factors are related to these and other restorative outcomes. The present study utilises 2017-2018 survey data (n = 1,313) across five West Michigan schools to determine how participant and restorative circle characteristics contribute to participant satisfaction within ordinary least squares (OLS) regression models. Findings show that several characteristics of restorative circles, including the number of participants, time spent in the restorative circle, number of times respondents have participated in a circle, and whether an agreement was reached, are significantly related to participant satisfaction. In addition, gender and participant role interact to have a significant effect on satisfaction. And models disaggregated by incident type indicate that the interaction between race and participant role has a significant effect on satisfaction, but only among restorative circles involving friendship issues. Suggestions for future research, as well as strategies aimed at improving participant satisfaction within restorative circles, are discussed.


Ph.D. John Patrick Walsh
Dr. John P. Walsh is professor at the School of Criminology, Criminal Justice, and Legal Studies of the Grand Valley State University in Allendale, United States. Contact author: walshj@gvsu.edu.

Jaclyn Cwick
Dr. Jaclyn Cwick is assistant professor at the School of Criminology, Criminal Justice, and Legal Studies of the Grand Valley State University in Allendale, United States.

Patrick Gerkin
Patrick Gerkin, PhD, is professor at the School of Criminology, Criminal Justice, and Legal Studies of the Grand Valley State University in Allendale, United States.

Joshua Sheffer
Joshua Sheffer is assistant professor at the School of Criminology, Criminal Justice, and Legal Studies of the Grand Valley State University in Allendale, United States.

    Deze analyse bespreekt uitvoerig de argumenten van voor- en tegenstanders van het wetsvoorstel ter versoepeling van de Belgische abortuswetgeving (2019-…). Het fel bediscussieerde wetsvoorstel beoogt het zelfbeschikkingsrecht van de zwangere persoon uit te breiden en abortus te destigmatiseren. Door vrijwillige zwangerschapsafbreking als gezondheidszorg te kwalificeren geven de indieners van het wetsvoorstel tevens de voorkeur aan een gezondheidsrechtelijk traject op maat van de zwangere persoon als patiënt. De inkorting van de wachtperiode-en het schrappen van abortusspecifieke informatieverplichtingen geven in die zin blijk van vertrouwen in de zwangere persoon, in het kwalitatief handelen van de zorgverlener en in de waarborgen die het gezondheidsrecht reeds biedt. De wetgever dient met andere woorden uit te maken (1) welke regels hij in de context van abortus nodig acht, (2) of deze regels reeds worden gewaarborgd door de algemene gezondheidswetten- en deontologie, en (3) of de vooropgestelde regels hun doel bereiken. Een uitbreiding van het zelfbeschikkingsrecht van de zwangere persoon wordt tevens bewerkstelligd door de termijnuitbreiding van twaalf naar achttien weken voor abortus op verzoek. Een keuze voor een termijn is steeds in zekere mate willekeurig, doch reflecteert een beleidsethische keuze waarbij wordt gezocht naar een evenwicht tussen de bescherming van ongeboren leven en het zelfbeschikkingsrecht van de zwangere persoon. Praktische bekommernissen vormen hierbij geen fundamenteel bezwaar tegen een termijnuitbreiding maar dienen, in overleg met de betrokken sector, te worden geanticipeerd en maximaal te worden opgevangen door middel van organisatorische (niet-noodzakelijk juridische) initiatieven. Ten slotte beogen de indieners van het wetsvoorstel opheffing van alle strafsancties voor vrijwillige zwangerschapsafbreking. Op rechtstheoretisch vlak blijven echter vragen bestaan omtrent de manier waarop dit voorstel een volledige depenalisering doorvoert. Hoewel het tuchtrecht enige rol kan spelen bij gebrek aan strafsancties, creëert de vooropgestelde depenalisering van ongeoorloofde zwangerschapsafbreking door een arts een rechtsonzekere situatie.
    ---
    This analysis extensively discusses the arguments of supporters and opponents of the legislative proposal to relax the Belgian abortion legislation (2019-…). The heavily debated proposal primarily aims to expand the pregnant person’s right to self-determination and to destigmatise abortion. By qualifying consensual termination of pregnancy as health care, the supporters of the proposal also prioritise an individualised, health-oriented approach towards the pregnant person as patient. In the same vein, the diminished waiting period and the removal of abortion-specific information duties express trust in the pregnant person, in the qualitative conduct of the health care provider, and in the guarantees that the health law already provides. In other words, the legislator must determine 1) which regulations it deems necessary in the context of abortion, 2) whether these regulations are already guaranteed by general health laws and ethics, and 3) whether the proposed regulations achieve their intended purpose. An expansion of the pregnant person’s right to self-determination is also achieved by the extension from twelve to eighteen weeks as a limit for abortion on request. Although a time limit is always arbitrary to some extent, it mainly reflects a policy-ethical decision in which a balance is sought between the protection of unborn life and the pregnant person’s right to self-determination. Practical concerns do not establish a fundamental objection to the extension of such limit, but must, in consultation with the medical profession, be anticipated and dealt with as much as possible by means of organisational (not necessarily legal) initiatives. Finally, the proposal lifts all criminal sanctions currently applicable to consensual termination of pregnancy. On a legal-theoretical level, however, questions remain about the way in which the proposal implements full depenalisation. Although disciplinary law can play some role in the absence of criminal sanctions, the depenalisation of unlawful termination of pregnancy by a health care professional produces legal uncertainty.


F. De Meyer
Fien De Meyer doet doctoraatsonderzoek naar regelgeving inzake abortus aan de Universiteit van Antwerpen.

C. De Mulder
Charlotte De Mulder doet doctoraatsonderzoek naar het statuut van ongeboren leven aan de Universiteit van Antwerpen.
Article

Democratic Scrutiny of COVID-19 Laws

Are Parliamentary Committees Up to the Job?

Journal European Journal of Law Reform, Issue 2 2021
Keywords parliament, scrutiny, committees, COVID-19, rights, legislation, Australia, New Zealand, United Kingdom
Authors Sarah Moulds
AbstractAuthor's information

    In response to the complex and potentially devastating threat posed by COVID-19, parliaments around the world have transferred unprecedented powers to executive governments and their agencies (Edgar, ‘Law-making in a Crisis’, 2020), often with the full support of the communities they represent. These laws were passed within days, sometimes hours, with limited safeguards and a heavy reliance on sunsetting provisions, some of which are dependent on the pandemic being officially called to an end. While parliaments themselves have suspended or reduced sitting days (Twomey, ‘A Virtual Australian Parliament is Possible’, 2020), parliamentary committees have emerged as the forum of choice when it comes to providing some form of parliamentary oversight of executive action.
    This article aims to evaluate the capacity of parliamentary committees established within the Australian, New Zealand (NZ) and United Kingdom (UK) parliaments to effectively scrutinize and review governments’ responses to COVID-19. It does this by comparing the legal framework underpinning the relevant committees in each jurisdiction and examining the work of these committees with a view to offering some preliminary views as to their impact on the shape of the laws made in response to COVID-19 in those jurisdictions. The article concludes by offering some preliminary observations about the scrutiny capacity of the parliamentary committee systems in Australia, NZ and the UK in the context of emergency lawmaking and flags areas for further research, evaluation and reform.


Sarah Moulds
Dr. Sarah Moulds, University of South Australia.
Article

Compensation for Victims of Disasters

A Comparative Law and Economic Perspective

Journal European Journal of Law Reform, Issue 2 2021
Keywords victim compensation, disaster risk reduction, government relief, insurance, moral hazard, public private partnership
Authors Qihao He and Michael Faure
AbstractAuthor's information

    This article provides a critical analysis of the compensation awarded for victims of disasters. First, general guiding principles of compensation are discussed. Next, various ways of government provided victim compensation, both during the disaster and ex post are critically reviewed. Then the article focuses on ex ante insurance mechanisms for victim compensation, arguing that insurance can play a role in disaster risk reduction. Finally, the article explains how the government can cooperate with insurers in a public-private partnership for victim compensation, thus facilitating the availability of disaster insurance.


Qihao He
Qihao He is Associate Professor of Law, China University of Political Science and Law, College of Comparative Law. Beijing, China. Qihao He acknowledges the financial support of China Ministry of Education Research Program on Climate Change and Insurance (No. 18YJC820024), and Comparative Private Law Innovation Project of CUPL (No. 18CXTD05).

Michael Faure
Michael Faure is Michael G. Faure, Professor of Comparative and International Environmental Law, Maastricht University, and Professor of Comparative Private Law and Economics, Erasmus University Rotterdam, The Netherlands. The authors thank the participants in the symposium of Regulating Disasters through Private and Public Law: Compensation and Policy held in University of Haifa, and the comments from Suha Ballan.
Article

Consensual Accommodation of Sharia Law and Courts in Greece

Journal European Journal of Law Reform, Issue 2 2021
Keywords choice architecture, law reform, Molla Sali v. Greece, Mufti, multicultural accommodation, Muslim minority, nomoi group, Sharia law
Authors Nikos Koumoutzis
AbstractAuthor's information

    Having been exempted from a massive population exchange that took place between Greece and Turkey under the Treaty of Lausanne (1923), the Muslim minority of Western Thrace enjoys ever since a special status providing for the application of the Sharia law in family and succession matters, as well as the jurisdiction of the Mufti for the resolution of relevant disputes. A reform introduced by Law 4511/2018 marks a watershed moment in this long history. From now on, the Sharia law and the Mufti cease to be mandatory; their intervention requires the consent of the members of the minority, who also have the alternative to subject to the civil law and courts. This article tries to explore key features of the new model providing for an accommodation of the Muslim personal legal system based on choice. It focuses on the technique employed to structure the right of choice, on the proper ways for the exercise of choice, on the possibilities offered (or not) to make a partial choice only and revoke a previously made choice. In the end, a further question is raised, concerning how effective the right of choice may prove in the hands of women insiders, given that these are the most likely to experience pressure to demonstrate loyalty and not ignore the traditions and values – including the nomos – of their collective.


Nikos Koumoutzis
Nikos Koumoutzis is Associate Professor Law School at the University of Nicosia, ORCID ID: https://orcid.org/0000-0003-4362-2320
Article

Access_open Approach with Caution

Sunset Clauses as Safeguards of Democracy?

Journal European Journal of Law Reform, Issue 2 2021
Keywords emergency legislation, sunset clauses, post-legislative review, COVID-19
Authors Sean Molloy
AbstractAuthor's information

    In response to the COVID-19 pandemic, leaders across the globe scrambled to adopt emergency legislation. Amongst other things, these measures gave significant powers to governments in order to curb the spreading of a virus, which has shown itself to be both indiscriminate and deadly. Nevertheless, exceptional measures, however necessary in the short term, can have adverse consequences both on the enjoyment of human rights specifically and democracy more generally. Not only are liberties severely restricted and normal processes of democratic deliberation and accountability constrained but the duration of exceptional powers is also often unclear. One potentially ameliorating measure is the use of sunset clauses: dispositions that determine the expiry of a law or regulation within a predetermined period unless a review determines that there are reasons for extension. The article argues that without effective review processes, far from safeguarding rights and limiting state power, sunset clauses can be utilized to facilitate the transferring of emergency powers whilst failing to guarantee the very problems of normalized emergency they are included to prevent. Thus, sunset clauses and the review processes that attach to them should be approached with caution.


Sean Molloy
Dr Sean Molloy is a Lecturer in Law at Northumbria University.
Article

Access_open Invisible before the law

The legal position of persons with intellectual disabilities under the Dutch Care and Compulsion Act (Wzd) in light of Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD)

Journal Family & Law, June 2021
Keywords dicrimination, guardianship, incapacitated adults, legal (in)capacity
Authors F. Schuthof LLM
AbstractAuthor's information

    In the Netherlands, the use of involuntary treatment in the mental health care sector is governed by the Dutch Care and Compulsion Act (Wzd). This study examines the legal position of persons with intellectual disabilities under this Act. The Wzd is analyzed in light of the human rights standards of Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD). The findings of this study show that the Wzd does not meet the standards of Article 12 in several cases. The Wzd does not recognize the legal capacity of persons with intellectual disabilities, it continues to allow for substituted decision-making and support measures are not complemented by adequate safeguards. From a theoretical point of view, an imbalance between the protection of and the respect for the autonomy of persons with intellectual disabilities can be observed. This article formulates several recommendations in order to restore this balance.
    ---
    De Nederlandse Wet zorg en dwang (Wzd) ziet toe op de rechten van mensen met een verstandelijke beperking bij onvrijwillige zorg of onvrijwillige opname. Dit artikel onderzoekt de juridische positie van mensen met een verstandelijke beperking ten aanzien van deze wet. De Wzd wordt geanalyseerd in relatie tot artikel 12 van het Verdrag inzake de Rechten van Personen met een Handicap (VRPH). De bevindingen van dit onderzoek laten zien dat de Wzd in verschillende gevallen niet voldoet aan de normen van artikel 12 VRPH. Zo wordt onder andere de handelingsbekwaamheid, ofwel ‘legal capacity’, van mensen met een verstandelijke beperking niet erkend en blijft plaatsvervangende besluitvorming mogelijk. Vanuit theoretisch oogpunt is er sprake van een disbalans tussen de bescherming van en het respect voor de autonomie van mensen met een verstandelijke beperking. Dit artikel doet daarom meerdere aanbevelingen om dit evenwicht te herstellen.


F. Schuthof LLM
Fiore Schuthof conducts research into better empowerment and protection of the elderly as a PhD student at Utrecht University (UU).
Showing 1 - 20 of 1218 results
« 1 3 4 5 6 7 8 9 49 50
You can search full text for articles by entering your search term in the search field. If you click the search button the search results will be shown on a fresh page where the search results can be narrowed down by category or year.