Producing Immigrant Victims’ “Right” to Legal Status and the Management of Legal Uncertainty

2013 ◽  
Vol 38 (02) ◽  
pp. 442-473 ◽  
Author(s):  
Sarah Morando Lakhani
Keyword(s):  
Civic Engagement ◽  
Final Section ◽  
Legal Status ◽  
Ethical Dilemmas ◽  
Moral Dilemmas ◽  
Legal Framework ◽  
Crime Victims ◽  
Immigration Law ◽  
Legal Uncertainty ◽  
U Visa

This article investigates how lawyers manage legal and bureaucratic uncertainties associated with humanitarian immigration law by examining their representation of undocumented crime victims petitioning for U Visa status. Immigration attorneys craft dual narratives to persuade adjudicators that their clients qualify for and deserve this new legal status, but representing migrants well creates moral dilemmas. I explore how lawyers elicit and script narratives of “clean” victimhood to demonstrate that their clients qualify for U Visa standing. Next I argue that attorneys construct narratives articulating migrants’ civic engagement to position their clients as contributing members of society who deserve legal status. The final section illustrates how the production of these narratives generates a range of professional and ethical dilemmas for lawyers. This examination of how law is developed within a confining legal framework that is at the same time not totally institutionalized extends the “law in action” paradigm, which has been animated primarily by analyses of how legal actors tailor the idiosyncratic details of discrete cases to match existing precedents.

More than victims: Resiliency of undocumented Latinas near Chicago, United States, and the strategic use of psychological suffering in obtaining legal status

2019 ◽  
Vol 16 (3) ◽  
pp. 361-368
Author(s):  
Stephanie Jean Kohl
Keyword(s):  
United States ◽  
Domestic Violence ◽  
Legal Status ◽  
The United States ◽  
Immigration Law ◽  
Application Process ◽  
Theoretical Concepts ◽  
Psychological Suffering ◽  
Visa Application ◽  
Biological Citizenship

Caught between abusive partners and restrictive immigration law, many undocumented Latina women are vulnerable to domestic violence in the United States. This article analyzes the U-Visa application process experienced by undocumented immigrant victims of domestic violence and their legal advisors in a suburb of Chicago, United States. Drawing on theoretical concepts of structural violence and biological citizenship, the article highlights the strategic use of psychological suffering related to domestic violence by applicants for such visas. It also investigates the complex intersection between immigration law and a humanitarian clause that creates a path towards legal status and eventual citizenship.

scholarly journals Paediatric Residents and Fellows Ethics (PERFEct) survey: perceptions of European trainees regarding ethical dilemmas

2021 ◽  
Author(s):  
M. C. den Boer ◽  
A. Zanin ◽  
J. M. Latour ◽  
J. Brierley
Keyword(s):  
Medical Education ◽  
Medical Ethics ◽  
Ethics Education ◽  
Ethical Dilemmas ◽  
Moral Dilemmas ◽  
Ethics Training ◽  
Healthcare Team ◽  
Medical Ethics Education ◽  
European Paediatric ◽  
Future Practice

AbstractWith an increasingly complex healthcare environment, ethics is becoming a more critical part of medical education. We aimed to explore European paediatric trainees’ experiences of facing ethical dilemmas and their medical ethics education whilst assessing their perceptions of ethical dilemmas in current and future practice. The Young Sections of the European Academy of Paediatrics and European Society of Paediatric and Neonatal Intensive Care developed an explorative online survey covering demographics, ethical dilemmas faced and ethics training. The survey was made available in nine languages from November 2019 to January 2020 via newsletters and social media. Participants (n = 253) from 22 countries, predominantly female (82%) and residents (70%), with a median age of 29-years, completed the survey. The majority (58%) faced ethical dilemmas monthly or more frequently. Most ethics training was received by ethics lectures in medical school (81%) and on the job (60%). A disagreement between the healthcare team and patient/family was the most frequently faced moral dilemma (45%); the second was withholding/withdrawing life-prolonging measures (33%). The latter was considered the most challenging dilemma to resolve (50%). Respondents reported that ethical issues are not sufficiently addressed during their training and wished for more case-based teaching. Many have been personally affected by moral dilemmas, especially regarding withholding/withdrawing life-prolonging measures, and often felt inadequately supported.Conclusion: Paediatric trainees face many moral issues in daily practice and consider that training about managing current and future ethical dilemmas should be improved, such as by the provision of a core European paediatric ethics curriculum. What is Known:• Paediatric services are becoming more complex with an increase in ethical dilemmas asking for rigorous training in ethics.• Ethics training is often lacking or covered poorly in both pre- and postgraduate medical education curricula.• Existing ethics training for European paediatric trainees is haphazard and lacks standardisation. What is New:• The PaEdiatric Residents and Fellows Ethics (PERFEct) survey provides insight into the European paediatric trainees’ views regarding ethical dilemmas in their current and future practice.• European paediatric trainees report a lack of ethics training during paediatric residency and fellowship.• This study provides content suggestions for standardised medical ethics training for paediatric trainees in Europe.

Psychosoziale Prozessbegleitung im Strafverfahren

2021 ◽  
Author(s):  
Alexander Ilsner
Keyword(s):  
Legal Status ◽  
Legal Framework ◽  
Civil Procedure ◽  
Legal Institution ◽  
Criminal Proceedings ◽  
Legal Innovation ◽  
The Law

The legal status of victims of violent criminality has been in the spotlight during recent decades. The institutionalization of psychosocial assistance in criminal proceedings represents the temporary peak of this development. In this study, the author focuses on the legal innovation, analyzes it fundamentally (especially regarding the recently formulated § 406g StPO), and submits specific reform proposals correspondingly. This research includes four systematically structured chapters, which impart the essential features of the legal institution, elucidate the legal framework, and finally appoint considerations regarding its transfer into the law of civil procedure.

International legal framework for the criminal legal protection of the embryo

2021 ◽  
pp. 296-308
Author(s):  
Nikolai A. Ognerubov
Keyword(s):  
Criminal Law ◽  
Legal Status ◽  
Assisted Reproductive Technologies ◽  
Legal Protection ◽  
Reproductive Technologies ◽  
Legal Framework ◽  
Criminal Code ◽  
International Aspects

In connection with the active development and use of assisted reproductive technologies, protection of the human embryo and its legal status issue is currently being actualized. We make an attempt to reveal and explain some of the international aspects of the criminal law protection of the life and rights of the embryo. We consider the concept of “embryo” not only from the point of view of various scientific approaches (medicine, biology, embryology, jurisprudence), but also from the legislative side. We present and analyze the first mention of the embryo in Roman private law in connection with modern domestic law. We carry out an analysis of international legal acts that provide protection of embryos both “in vitro” and “in vivo”, followed by consideration of specific criminal law norms of foreign countries, namely Brazil and Colombia. We pay attention to some of the most famous cases from the jurisprudence of the European Court of Human Rights in order to understand the applied international legal acts “de facto”. The study also takes into account modern domestic legislation and considers point “g” of part 2 of Article 105 of the Criminal Code of the Russian Federation.

scholarly journals Ideal and nonideal moral theory for disaster bioethics

Human Affairs ◽  
2016 ◽  
Vol 26 (1) ◽  
Author(s):  
Dónal O’Mathúna
Keyword(s):  
Recent Work ◽  
Moral Theory ◽  
Ethical Dilemmas ◽  
Moral Dilemmas ◽  
Moral Goodness ◽  
The Right ◽  
Practical Implications

AbstractMoral theory has generally focused on resolving ethical dilemmas by identifying ethically sound options. Whether the focus is on consequences, duties, principles or virtues, ethical cases are often approached in ways that assume morally sound solutions can be found and followed. Such ‘ideal morality’ assumes that moral goodness is always possible, leaving people confident they have done the right thing. Such an approach becomes inadequate in disaster settings where any good solution is often difficult to see. This paper examines recent work on nonideal moral theory as a useful model for disaster bioethics. This approach views moral dilemmas as situations where no choice is ideal and every option involves some element of unavoidable wrongdoing. Rather than straining for ideal answers, this approach acknowledges that sometimes the lesser of two evils is the best that can be done. Such situations inevitably lead to feelings of regret or guilt, commonly encountered in discussions of disaster bioethics. This paper explores the practical implications of nonideal approaches for disaster responders working in tragic situations.

scholarly journals Right to access science and technology information in scientific research and innovation activities in Vietnam

2021 ◽  
Vol 63 (4) ◽  
pp. 50-55
Author(s):  
Tung Son Le ◽  
◽  
Thi Hoang Yen Thach ◽  
Van Hong Tran ◽  
◽  
...  
Keyword(s):  
Information Society ◽  
Legal Status ◽  
Science And Technology ◽  
Scientific Research ◽  
Legal Framework ◽  
Research And Innovation ◽  
Innovation Activities ◽  
Technological Information ◽  
The Right

Science and technology information has been an important driving force in the information society and knowledge economy. Access to scientific and technological information for scientific research becomes an essential need and a factor affecting the quality of scientific research and innovation, thereby posing a problem to establish a legal framework for recognising and enforcing the right to access scientific and technological information. Based on identifying and evaluating the current legal status on the right to access to science and technology information, this study proposes solutions to improve the legal framework to ensure the enforcement of the right to access science and technology information in Vietnam.

Cohabitation in the Slovak Republic: Myth or Reality?

2021 ◽  
Author(s):  
Lilla Garayová
Keyword(s):  
Legal Status ◽  
Family Law ◽  
Slovak Republic ◽  
Civil Law ◽  
Legal Framework ◽  
Legal Order ◽  
Marriage And Family ◽  
Central European ◽  
Traditional Marriage ◽  
Legal Consequences

The following article deals with the issue of cohabitation in the Slovak Republic. An institute, that while does not formally exist in Slovak legal order, still has certain legal consequences. Slovak family law is facing a comprehensive transformation, so it is expected, that many of the issues outlined in the submitted article will be properly dealt with in the expected recodification of Slovak civil law, that will include family law as well. As far as the current legal framework however, it leaves much to be desired. There is no legal institute which would be an alternative to traditional marriage, nor an institute which would comprehensively cover the legal status, rights and duties of cohabitants. This is due to the traditional nature of Slovak family law, the way the institute of marriage and family are dealt with in our legal order. While a comprehensive legal framework of cohabitation is missing, it cannot be said that the Slovak legislation ignores cohabitation – there are many legal consequences in various fields of law that relate to the rights of cohabitants. The article highlights the gaps in these areas as well as potential opportunities for future legislation. The research was carried out within the framework of the Central European Professors’ Network coordinated by the Ferenc Mádl Institute of Comparative Law.

Judicial Conciliation and Mediation: Correlation Problems and Development Prospects

2021 ◽  
Vol 7 ◽  
pp. 35-44
Author(s):  
S. I. Pervukhina ◽  
Keyword(s):  
Dispute Resolution ◽  
Legal Status ◽  
Legal Framework ◽  
Negative Effect ◽  
And Function ◽  
Further Development ◽  
Goals And Objectives ◽  
Role And Function ◽  
Development Prospects

This article is dedicated to the issue of the correlation between judicial conciliation and mediation. The author compares these two conciliatory procedures according to the following criteria: organizational and legal framework, key goals and objectives; legal status of the person assisting the parties in resolving the dispute and their role and function/competence in the procedure; the peculiarities of the procedural form; the court role in organizing and performing conciliatory procedures after a trial being initiated. As a result of the comparison, the author comes to the conclusion that judicial conciliation and mediation are overlapping, which may have the negative effect on the development of the amicable dispute resolution as a legal institute. The author formulates the suggestions regarding the further development of the judicial conciliation model in order to attract the disputing parties' interest to this procedure and to raise its efficiency as the judicial load optimizing instrument.

E-Documents and E-Signatures in Tanzania

2012 ◽  
pp. 90-122 ◽  
Author(s):  
Ubena John
Keyword(s):  
At Risk ◽  
Information Systems ◽  
Qualitative Study ◽  
Legal Status ◽  
Legal Framework ◽  
Information And Communications Technology ◽  
Communications Technology ◽  
Literature Analysis ◽  
Ict Infrastructure ◽  
The Government

This chapter analyses the use of e-Documents and e-Signatures in Tanzania with a view of establishing their legal status, applicability, and the future of such technologies in e-Government systems. That is important as Information and Communications Technology (ICT) is widely employed in Tanzania. Moreover, the development and application of information systems is influenced by law. Therefore, the problem investigated is twofold: First, legal status, validity, and admissibility of e-Documents and e-Signatures in evidence in Tanzania are questioned. Second, the challenges facing the establishment of e-Government in Tanzania are explored. The chapter is a qualitative study, i.e. library- and desk-based research. Various literatures focusing on e-Documents and e-Signatures are reviewed, analysed, and evaluated so as to draw a conclusion on the relevancy of e-Documents and e-Signatures in the e-Government projects in Tanzania. The literature analysis conducted found that there is a lack of legal framework to recognize e-Documents and e-Signatures compounded with poor ICT infrastructure in Tanzania. This scenario puts e-Government endeavours at risk. It is recommended that the government should enact the laws to recognise e-Documents and e-Signatures to boost e-Commerce as well as e-Government.

scholarly journals 60 Opening the Narrative on Deprivation of Liberty for the Older Person in Residential Healthcare Facilities: A Legal and Ethical Dilemma

2019 ◽  
Vol 48 (Supplement_3) ◽  
pp. iii17-iii65
Author(s):  
Florence Hogan ◽  
Adrian Ahern
Keyword(s):  
Human Rights ◽  
Residential Care ◽  
Healthcare Providers ◽  
Community Support ◽  
Healthcare Facility ◽  
Moral Dilemmas ◽  
Legal Framework ◽  
Best Interest ◽  
Healthcare Facilities ◽  
The Individual

Abstract Background While many people enter residential care of their own free will and because it is their preference, the evidence tells us that there are also many who if they had the choice would remain in their own homes. Lack of appropriate community supports may provide some impetus to enter residential care. According to Care Alliance Ireland, an additional four million hours of homecare needs to be provided to cope with the successful ageing demographics, at a cost of €110 million. There is no statutory or common-law power to detain a patient in a Healthcare Facility outside of the application of the Mental Health Act 2001. This presents legal, ethical and moral dilemmas for Healthcare Providers when caring for a person who lacks capacity wishes to self - discharge. A duty of care obligates healthcare professionals to act in the best interest of the individual. Under the Health Act 2007 the requirement is to provide for a ‘safe discharge’. Pending advancement of the Assisted Decision Making (Capacity) Act 2015 which provides a statutory framework to assist and support individuals to make legally-binding agreements about their welfare, their property and affairs we are currently acting under the Lunacy Regulations (1871). Methods We developed a ‘Deprivation of Liberty’ form which enable comprehensive Interdisciplinary Team discussion and direction of care. Presumption of capacity, respect for the resident’s wishes and consideration of all possible supportive actions up to and including sourcing community support services were considered. Results This format has enabled comprehensive discussion and robust adherence to human rights for three residents thus far Conclusion The situation remains that there is no legal framework to guide healthcare providers currently. Using a Human Rights based approach is imperative to guide us while awaiting advancement of the ADMA (2015) and Deprivation of Liberty legislation to be included in this act.

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