Grandparents hand down their experiences, knowledge, traditions and values to their grandchildren. As a high level of grandparental involvement may play an important role in a child’s well-being, legal protection of that family relation may be in the best interest of a given child. There is a continuing interaction between family law, cultural and social norms of what constitutes a family and how family life should be, and actual family practices and structures. Due to changing family patterns combined with an increasing number of divorces and cohabiting couples with children splitting up grandparents now play an increasing role in their grandchildren’s lives. Children become members within other types of family structures, e.g. single parents (raising half-siblings), families with yours and/or mine (and joint) children etc. When a child’s family includes a step-parent with children and step-grandparents – as well as the biological parents and grandparents – a potential risk of conflict among the family members is high. Grandparents, therefore, risk losing contact or having less contact than they had previously. At first glance, there might appear to be little reason for society to regulate the practices of grandparents as providers of non-formalized childcare or to protect the rights of children in these relationships. However, due to the changing family practices and social norms, one could argue that the legal protection of contact between grandparents and grandchildren is an important legal topic in domestic law and in academic discussions in the coming years. This article articulates these issues by framing three articles that together create a thematic map in this journal on Spanish and Catalan law, and Scandinavian law as well as the grandparents’ right to maintain contact with their grandchildren under the European Convention on Human Rights seen in a context of the best interest of the child.

The article explores the extent of the right to family life under Article 8 ECHR with regard to contact between grandparents and grandchildren. An analysis of decisions from the European Court of Human Rights shows that although such a right may exist, it is not strong and depends heavily on the circumstances of the specific case. The article points to what seems to be an inconsistency in the Courts approach to these cases and questions the position of the children and their views and best interests.

Assumptions of linear progress and a clean break with the past have long characterised transitional justice interventions. This notion of temporality has increasingly been problematised in transitional justice scholarship and practice. Scholars have argued that a more complex understanding of temporalities is needed that better accommodates the temporal messiness and complexity of transitions, including their ongoingness, multilayeredness and multidirectionality. Existing critiques, however, have not yet resulted in a new conceptual framework for thinking about transitional temporalities. This article builds on insights from the field of restorative justice to develop such a framework. This framework foregrounds longer timelines, multilayered temporalities and temporal ecologies to better reflect reality on the ground and victims’ lived experiences. We argue that restorative justice is a useful starting point to develop such a temporal framework because of its actor-oriented, flexible and interactive nature and proximity to the field of transitional justice. Throughout this article we use the case of Chile to illustrate some of the complex temporal dynamics of transition and to illustrate what a more context-sensitive temporal lens could mean for such cases of unfinished transition.

In Canada, restorative justice programmes have long been institutionalised in the criminal justice system. In Ontario, specifically, their use in criminal prosecutions is subject to the approval of Crown attorneys (prosecutors) who are motivated in part by risk logics and risk management. Such reliance on state support has been criticised for the ways in which it might subvert the goals of restorative justice. However, neither the functioning of these programmes nor those who refer cases to them have been subject to much empirical study in Canada. Thus, this study asks whether Crown attorneys’ concerns for risk and its management impact their decision to refer cases to restorative justice programmes and with what consequences. Through in-depth interviews with prosecutors in Ontario, I demonstrate how they predicate the use of restorative justice on its ability to reduce the risk of recidivism to the detriment of victims’ needs. The findings suggest that restorative justice becomes a tool for risk management when prosecutors are responsible for case referrals. They also suggest that Crown attorneys bear some responsibility for the dangers of institutionalisation. This work thus contributes to a greater understanding of the functioning of institutionalised restorative justice in Canada.

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.

The Civil Code of the People’s Republic of China (Civil Code) came into force on 1 January 2021. Book III on Contracts of the Civil Code has adopted significant changes compared to the old Chinese Contract Law (Contract Law). This article provides a comprehensive and systemic analysis of those changes from structure to content, from legislative technics to values underpinning the Civil Code. It evaluates all the factors in the context of the development of Chinese society, Chinese culture and Chinese legal system.
This article first outlines the historical background of the development of the Contract Law and the Civil Code. It then moves on to compare the Civil Code and the Contract Law, highlighting the changes in structure, the incorporation of new provisions and the amendments to old provisions in light of contemporary Chinese society and culture. Finally, it argues that the Civil Code is a significant milestone in China’s legislative history; that it reflects the legislative experience and judicial practice in China; that it adds provisions which are innovative and of Chinese characteristics to meet the needs of China’s changing society and legal system; and that it keeps pace with the development of the global law reform and harmonization.

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.

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.

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.
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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.

This article was written with the intention of figuring out why the Seychelles has been unable to douse the drug epidemic despite apparent vigorous efforts on the part of the government and of finding a new way of curtailing drug abuse without relying entirely on legislation, which although in some ways are necessary, has on its own, been incapable serving efficacy.
The article introduces a four step pyramid giving effect to a responsive approach which Braithwaite suggests lays ‘emphasis on the pyramidal regulatory structure, on regulation through engagement and dialogue rather than by dictat, on bringing third parties into what had been previously characterized as a binary regulator/regulatee interaction, and on the concept of the benign big gun.’
Thus, by building a drug user’s capacity and providing the apt restorative treatment before labelling him as an offender and subjecting him to incapacitation, the drug user is offered an opportunity at restoration.
The criteria featuring in the pyramid must work in conjunction with the law as this combination and the use of various actors at each tier is a significant way to effectively execute government policies without that strict and direct regulator/regulatee relationship whereby the former would otherwise lord it over the latter.

As the scale of administrative agencies expands and their functions become more specialized in the complex and variable administrative reality, delegated legislation has increased explosively. This article examines the need for the introduction of appropriate parliamentary controls to prevent harm caused by the flood of delegated legislation. Through comparison with the UK Parliament, this article identifies the relative position of the Korean National Assembly and presents measures to strengthen parliamentary scrutiny on delegated legislation.

Following ECJ case law, the Supreme Court of the Republic of Slovenia has ruled that a worker is entitled to compensation for unused annual leave in the event that the termination of employment has occurred 15 months after the end of the transfer period (i.e. the period for the transfer of the right to use annual leave) provided for in national legislation. The relevant transposition period is therefore three months longer than the transposition period set out in the Slovenian law.

The adoption of big data analysis in the legal domain is a recent but growing trend that highlights ethical concerns not just with big data analysis, as such, but also with its deployment in the legal domain. This article systematically analyses five big data use cases from the legal domain utilising a pluralistic and pragmatic mode of ethical reasoning. In each case we analyse what happens with data from its creation to its eventual archival or deletion, for which we utilise the concept of ‘data life cycle’. Despite the exploratory nature of this article and some limitations of our approach, the systematic summary we deliver depicts the five cases in detail, reinforces the idea that ethically significant issues exist across the entire big data life cycle, and facilitates understanding of how various ethical considerations interact with one another throughout the big data life cycle. Furthermore, owing to its pragmatic and pluralist nature, the approach is potentially useful for practitioners aiming to interrogate big data use cases.

For the past 20 years, NCTDR has hosted a series of ODR Forums in locations around the world. For 2021, the Forum was held virtually, with live presentation over a web video platform, and recorded presentations available to participants. A full recording of the sessions can be found through http://odr.info/2021-virtual-odr-forum-now-live/. The following items are narrative notes from some of the presentations:

• David Allen Larson – ODR Accessibility

• Noam Ebner – Human Touch

• Jan Martinez & Amy Schmitz – ODR and Innovation

• Frank Fowlie – Online Sport Dispute Resolution

• Larry Bridgesmith – AI Introductory Notes

• Julie Sobowale – AI and Systemic Bias

• Clare Fowler – DEODRISE

• Michael Wolf – ODR 2.0 System Design

• Chris Draper – Algorithmic ODR

• Zbynek Loebl – Open ODR

In this article, the author analyses court cases arising from the rupture of the mining tailings dam in the city of Brumadinho, Brazil, on 25 January 2019. In a civil lawsuit context, legal professionals recognised damage to people and the environment during hearings involving a judge, prosecutors, lawyers and corporate representatives. The centrality of the victims’ interests and the need for remedial measures prevailed in the agreements signed mainly to provide urgent relief and restore damage to the ecosystem. In the criminal lawsuit dealing with the same facts, there have not yet been acquittals, non-prosecution agreements or convictions. By employing a socio-legal approach to contrast different types of legal reasoning, this article explores the possibilities of restorative responses in civil proceedings and explains the lack of them in criminal justice. In highlighting some characteristics of punishment theories that hinder a possible restorative justice approach, the article offers a critique of a penal system mostly linked to argumentative competition rather than persuasive conflict resolution. The author argues that jurisprudence should address transdisciplinary concepts, such as responsive regulation, restorative efforts, proportionality and individualisation of punishment. The discussion can shed light on the decision-making process to allow environmental restorative justice responses to crimes.

Campus sexual harm is a widespread problem that demands approaches that focus on prevention, alongside those that respond to specific incidents of harm. This article presents the outcomes of a proactive initiative – a sustained restorative dialogue – that uses restorative circle practice in the university setting to better understand the issue of sexual harm, and identify practical steps that focus on its reduction. Speech data from post hoc interviews with participants of the dialogue is analysed in order to demonstrate the outcomes of the process, and highlight the value of using a dialogic model to address the issue on campus. Findings suggest that the process has very real potential for enhancing understanding and awareness and increasing communication on the topic, these being important precursors to transforming the cultural norms and campus climates that foster sexual harm.

La présente contribution vise à analyser les développements jurisprudentiels de la Commission européenne des droits de l’homme et de la Cour européenne des droits de l’homme en matière d’interruption de grossesse. Nous formulons une réponse à la question suivante: vu de l’évolution de la jurisprudence, quelles conclusions pouvons-nous tirer sur la position actuelle de la Cour européenne des droits de l’homme sur la question du droit et de l’accès à l’avortement? À travers une analyse des décisions et arrêts rendus par la Commission et la Cour, nous étudions la façon dont les différents intérêts et droits s’articulent, à savoir ceux de la femme enceinte, du père potentiel, de l’enfant à naître et de la société. Au terme de cette étude, nous déterminons la marge d’appréciation dont jouissent les états membres en la matière, ainsi que la manière dont la Cour réalise une balance des différents intérêts en présence.

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This contribution aims to analyze the case-law developments of the European Commission of Human Rights and the European Court of Human Rights in matters of termination of pregnancy. We formulate an answer to the following question: regarding the case-law developments, what can we conclude on the European Court of Human Rights’ current position on the right and access to abortion? Through an analysis of the Commission and the Court’s decisions and judgments, we study how the different interests and rights are articulated, namely those of the pregnant woman, the potential father, the unborn child, and the society. At the end of this study, we determine the member states’ margin of appreciation regarding abortion and how the Court finds a balance between the various concerned interests.

The public health systems of liberal states systematically fail to meet the goals and obligations of the Convention on the Rights of Persons with Disabilities, which aims to facilitate full societal participation and independent life choices by all impaired persons, as well as the unburdening of their private caretakers. This failure does not stem from a lack of money or effort by governments and other societal institutions, but flaws in the anatomy of these systems. As these systems confine institutional assistance to the needs of persons with certain delineated disabilities, they neglect the needs of other persons, whose disabilities do not fit this mould. The responsibility for the latter group thus falls to their immediate social circle. These private caretakers are in turn seldom supported. To remedy this situation, I will present the alternative paradigm of vulnerability theory as the possible foundation for a more inclusive approach to public health.