No-Fault Divorce, Best Interests of the Child, and the 'Intrinsic Fraud' Rule: The State as the Enforcer of Fraud and Underminer of Families (Case Study with Original Court Documents, Document 2, 'The Right to Sue for Fraud')

2009 ◽  
Author(s):  
Edward H. Sisson
Keyword(s):  
The State ◽  
Best Interests ◽  
The Right

Teaching the Future of Technology in the History Classroom: A Case Study

2018 ◽  
Vol 10 (4) ◽  
pp. 253-262 ◽  
Author(s):  
David J. Staley
Keyword(s):  
Incomplete Information ◽  
The State ◽  
Historical Inquiry ◽  
Social Scientists ◽  
Traditional Methods ◽  
Research Seminar ◽  
Historical Method ◽  
The Future ◽  
The Right

This article will describe how historians can teach the future of technology. Historians need not alter their traditional methods of historical inquiry to teach the future, and indeed the history classroom is a natural site for foresight education. Historical inquiry begins with questions, and futuring similarly begins with asking the right questions. The historian seeks out evidence, and futurists as well identify drivers and blockers, considering how these drivers and blockers will interact with each other. In contrast to social scientists, historians work with imperfect or incomplete information, an apt description of the state of our evidence about the future. In a manner similar to historians, futurists interpret and draw inferences from evidence. After the research an analysis of the evidence is complete, the historian/futurist writes representations. This article will describe how I employed the historical method to teach the future of technology in a history research seminar, the results produced by the students, and ways that the study of the future can be situated in the history classroom.

Articulating key obligations of states to persons deprived of liberty under a right to health framework: the Philippine case study

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Lee Edson P. Yarcia ◽  
Jan Michael Alexandre C. Bernadas
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Right To Health ◽  
The Philippines ◽  
The State ◽  
Policy Reforms ◽  
Physical And Mental Health ◽  
Content Type ◽  
The Right

Purpose This paper aims to examine key obligations of states to persons deprived of liberty (PDLs) under the right to health framework in the context of COVID-19. As a case study, it also describes the state of health in places of detention in the Philippines during the pandemic, with an end view of providing granular recommendations for prison policy reforms. Design/methodology/approach Relevant rules under international human rights law related to places of detention were thematically analyzed to articulate the scope of the right to health of PDLs. To describe the state of places of detention in the Philippines, this paper relied on archival research of news from selected local mainstream and specialized media. Findings The right to health framework provides a foundation for the response to COVID-19 in places of detention. Key concerns include increase in the number of infections, vulnerabilities in physical and mental health, and the spread of infection among correctional staff. Long-standing structural constraints and limited health information compound the threat of COVID-19. The Philippines must comply with its human rights obligations to PDLs to effectively address COVID-19-related concerns. Practical implications Policy reforms in Philippine places of detention must include application of community standards on physical and mental health, implementation of emergency release and application of non-custodial measures for long-term prison decongestion. Originality/value This is one of the few papers to analyze human rights in health care in places of detention during a pandemic, as nuanced in the context of the Philippines.

scholarly journals Spain Case Study: Covid-19 and Censorship during the State of Alarm

2021 ◽  
Author(s):  
LAURA CABALLERO TRENADO
Keyword(s):  
The State ◽  
Right To Information ◽  
The Right

This Paper analyzes the constitutional coverage of the Right to Information during the state of alarm in Spain

scholarly journals Ontological Security, Trauma and Violence, and the Protection of Women: Polygamy Among Minority Communities

2021 ◽  
Vol 12 ◽  
Author(s):  
Ayelet Harel-Shalev ◽  
Rebecca Kook
Keyword(s):  
State Level ◽  
The State ◽  
Minority Women ◽  
Complex Relationship ◽  
Ontological Security ◽  
Minority Communities ◽  
The Right ◽  
Women Violence ◽  
The Relationship

In this article, we examine the special challenges posed by the practice of polygamy to minority women, focusing on the ways that the state and the women confront the related experiences of violence and trauma associated with this practice. Based on analysis of both policy and interviews with women, we demonstrate the tension between the different mechanisms adopted by the state as opposed to those adopted by the women themselves. We suggest that the concept of ontological security is valuable for a deeper understanding of the range of state motivations in cases related to minority women, violence, and the right for protection. Our case study is the Bedouin community in Israel. We explore the relationship between individual and state-level conceptions of violence and trauma and the complex relationship between these two. We examine state discourses of ontological security through a gendered lens, as frameworks of belonging and mechanisms of exclusion.

scholarly journals Failing to respect and fulfill: South African law and the right to protest for children

2017 ◽  
pp. 33-38
Author(s):  
Nurina Ally
Keyword(s):  
South African ◽  
The State ◽  
Best Interests ◽  
Children’S Participation ◽  
Children's Participation ◽  
The Right ◽  
Children's Interests

Despite the historical and ongoing importance of protest as a vehicle for children to express themselves, current laws fail to protect and enable children’s participation in protest. More than two decades after the formal end of apartheid, a child may be subject to criminal processes for convening a peaceful, unarmed protest. This article highlights the importance of the right to protest for children and the obligation on the state to respect, protect and fulfil the right to protest, specifically taking into account children’s interests. Through a description of the Mlungwana & Others vs The State and Others case, the article highlights the manner in which the criminalisation of peaceful protest by the Regulation of Gatherings Act fails to take into account the best interests of children and violates the right to protest.

The Right to respect for Family Life of Children of imprisoned Parents

2016 ◽  
Vol 24 (1) ◽  
pp. 204-230 ◽  
Author(s):  
Stéphanie Lagoutte
Keyword(s):  
Family Life ◽  
Best Interests ◽  
Soft Law ◽  
Rights Of The Child ◽  
The Right

The article builds on a case study of the right to respect for family life of children of imprisoned parents; it analyses the application of the Convention on the Rights of the Child to their situation. It argues that the situation of children must be considered independently from that of their parents in cases which concern decisions regarding their parents (e.g. restricting visits in prison). The article contends that there is a necessity of both increasing the use of soft law standards and, more generally, establishing children-friendly remedies in order to ensure that there is better protection of the best interests of children of imprisoned parents.

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