The Meaningful Participation of Refugees in Decision-Making Processes: Questions of Law and Policy

2020 ◽  
Author(s):  
Tristan Harley ◽  
Harry Hobbs
Keyword(s):  
Decision Making ◽  
Meaningful Participation ◽  
Law And Policy ◽  
Decision Making Processes

scholarly journals The Meaningful Participation of Refugees in Decision-Making Processes: Questions of Law and Policy

2020 ◽  
Vol 32 (2) ◽  
pp. 200-226
Author(s):  
Tristan Harley ◽  
Harry Hobbs
Keyword(s):  
Decision Making ◽  
New York ◽  
Legal Framework ◽  
Civil Society Organizations ◽  
Meaningful Participation ◽  
Law And Policy ◽  
Decision Making Processes ◽  
United Nations Declaration ◽  
The Right ◽  
International Instruments

Abstract There has been a significant push in recent years for greater and more meaningful participation of refugees in decision-making processes that affect them. This push is identifiable in a range of international instruments, including the 2016 New York Declaration for Refugees and Migrants and the 2018 Global Compact on Refugees, as well as numerous initiatives developed by refugees, civil society organizations, and international organizations at the local, national, and international level. This article considers the emergent drive for refugee participation from the perspective of both law and policy. It examines the evolution of the international legal framework, analysing the extent to which international refugee and human rights law mandate the inclusion of refugees in decisions that affect them. The article also explores the notion of participation in detail, teasing out several key challenges for consideration in the development of inclusive participatory processes. Drawing this material together, it explores two options that could further promote the moral, political, and ultimately legal authority for meaningfully including refugees in the design and implementation of policy. These options are indicators that establish baselines and track refugee participation in decision-making processes, and a new, non-binding United Nations declaration that clearly details the right of refugees to have some authority in decision-making processes that affect them.

Participation of People With Disabilities in the Decision-Making Process in Nepal

2022 ◽  
pp. 242-263
Author(s):  
Obindra B. Chand ◽  
Sudeep Uprety
Keyword(s):  
Decision Making ◽  
Civil Society ◽  
Qualitative Study ◽  
Social Stigma ◽  
Policy Formulation ◽  
Fundamental Rights ◽  
Persons With Disabilities ◽  
Meaningful Participation ◽  
Decision Making Processes ◽  
Municipal Level

Despite the significant social and political changes over the last five decades in Nepal, persons with disabilities (PwDs) still face challenges in their everyday lives. Lack of meaningful participation of PwDs in leadership and decision-making processes, social stigma, discrimination, and inaccessible physical facilities have excluded PwDs from freely exercising fundamental rights such as voting. Mass media and civil society occasionally raise issues and problems faced by PwDs. Equally, the dearth of data regarding disability has created further challenges to policymakers and planners to understand the diversity of PwD issues at large. Based on a qualitative study, this chapter aims to explore the participation of PwDs particularly in the different phases of policy formulation (such as consultation and participation) at the municipal level and calls for crucial actions for ensuring meaningful participation of PwDs in democratic processes in Nepal in the current federal context.

scholarly journals A theory of children's decisional privacy

Legal Studies ◽  
2021 ◽  
pp. 1-24
Author(s):  
Georgina Dimopoulos
Keyword(s):  
Decision Making ◽  
Decision Makers ◽  
Best Interests ◽  
Individual Autonomy ◽  
Privacy Rights ◽  
Perceived Vulnerability ◽  
Rational Decision Making ◽  
Meaningful Participation ◽  
Decision Making Processes ◽  
Meaningful Role

Abstract Decisional privacy offers individuals the freedom to act and to make important decisions about how they live their lives, without unjustifiable interference from other individuals or the state. Children's perceived vulnerability, incapacity for rational decision-making and dependence on adults have been used to justify depriving children of decisional privacy rights and subjecting them to the exercise of adult power over the conditions of their lives. The aim of this paper is to articulate a theory of children's decisional privacy. It is argued that decisional privacy is valued as a condition that enables individual autonomy. A relational, gradual conception of autonomy is advanced, to explain how children can be recognised as having the capacity for autonomy, and in some circumstances, actual autonomy. This paper presents four fundamental principles of a children's rights approach to decisional privacy, which collectively serve to enhance children's meaningful participation in decision-making about their best interests, consistently with children's evolving capacities and the receipt of appropriate parental direction and guidance. The theory developed in this paper presents an opportunity for adult decision-makers to reflect upon how they make decisions for and about children, and how children can play a meaningful role in those decision-making processes.

scholarly journals Assessing Citizen Participation in Public Processes: Making Visible the Ephemera of Decision-Making Talk

2012 ◽  
Vol 24 (1) ◽  
Author(s):  
Diana Wegner
Keyword(s):  
Decision Making ◽  
Citizen Participation ◽  
Rhetorical Analysis ◽  
Meaningful Participation ◽  
Language Studies ◽  
Show Evidence ◽  
Recent Developments ◽  
Decision Making Processes ◽  
Citizen Group ◽  
Context Of Situation

This paper contributes to current research in communications, rhetoric, and discourse analysis that extends disciplinary interests into the study of citizen participation in public processes. The impetus for this study comes from the troubling consensus that many public decision-making processes tend to discourage authentic citizen participation. In order to investigate the degree to which citizen participation may be judged as authentic, talk analysis is applied to the interactions of a government-citizen group as they negotiate a policy for the management of natural areas.The investigation examines the interactive dimension of the context of situation, which offers evidence of participation that goes beyond evidence offered by texts alone. The hypothesis is that the contextual dimension of the participatory process should provide richer evidence of the interactive, moment-to-moment, strategic moves of participants. The theoretical framework for the study integrates the concepts of recontextualization and structure-in-action with recent developments in activity theory and theories of agency.The findings show that, in their meetings, participants agreed and disagreed as they worked toward a consensus on how to write policy clauses. Microanalyses of their talk show evidence of an interactive inclusiveness and meaningful participation that is not apparent in the textual dimension of the written statements the committee ultimately submitted. This method offers researchers in communications and language studies a way of expanding rhetorical analysis to include the interactive dimension of context in real-world processes of civic engagement.Key words: authentic participation, recontextualization, structure-in-action, agency, public processes, decision-making processes

scholarly journals Alberta’s Approach to Local Governance in Oil and Gas Development

2010 ◽  
pp. 55
Author(s):  
Nickie Vlavianos ◽  
Chidinma Thompson
Keyword(s):  
Decision Making ◽  
Oil And Gas ◽  
Local Governance ◽  
Regulatory Regime ◽  
Oil And Gas Development ◽  
Law And Policy ◽  
Limited Role ◽  
Decision Making Processes ◽  
Local Impacts

This article reviews the legal role of Alberta municipalities in the regulatory regime that governs all stages of oil and gas development within the province. Specifically, it seeks to address how municipalities are involved in the decision-making processes preceding oil and gas development approval; how their views and concerns are addressed; and what steps they are able to take in an effort to regulate and manage development within their borders. It highlights the fact that Alberta’s approach to governance in oil and gas development is one that, as a matter of law and policy, grants municipalities a limited role. Nonetheless, it argues that avenues exist that municipalities can, and have, pursued in an effort to adequately address local impacts and concerns surrounding development.

scholarly journals Tinjauan Yuridis Partisipasi Masyarakat dalam Proses Pembentukan Undang-Undang

2015 ◽  
pp. 184-203
Author(s):  
Kamarudin
Keyword(s):  
Decision Making ◽  
Public Participation ◽  
House Of Representatives ◽  
New Order ◽  
Meaningful Participation ◽  
Participation Level ◽  
Decision Making Processes ◽  
The Right ◽  
The Given ◽  
Law Making

In the post New-Order era, legislative function given to Indonesian House of Representatives seems more obvious after an Act Number 12 of 2011 juncto Act Number 10 of 2004 on Regulations Making has covered that public has the right to participate in law-making processes. Enactive regulations open opportunity for public to participate in a statute-making processes. Nevertheless, the given opportunity of participation is procedurally still limited and not in full and meaningful participation level. Existing public participation only covers consultation, not a real participation. Public should be able to participate in decision-making processes. Meanwhile, public participation level is substantially still depended on Parliament Members’ spirit of publicness to accommodate public aspiration and to put it on as a norm of statute.

Cognitive Processing of Miscommunication in Interactive Listening: An Evaluation of Listener Indecision and Cognitive Effort

2021 ◽  
pp. 1-17
Author(s):  
Jennifer M. Roche ◽  
Arkady Zgonnikov ◽  
Laura M. Morett
Keyword(s):  
Decision Making ◽  
Cognitive Processing ◽  
Language Processing ◽  
Cognitive Effort ◽  
Mouse Tracking ◽  
Computer Mouse ◽  
Decision Making Processes ◽  
Computer Mouse Tracking ◽  
Listening Task ◽  
Processing Effort

Purpose The purpose of the current study was to evaluate the social and cognitive underpinnings of miscommunication during an interactive listening task. Method An eye and computer mouse–tracking visual-world paradigm was used to investigate how a listener's cognitive effort (local and global) and decision-making processes were affected by a speaker's use of ambiguity that led to a miscommunication. Results Experiments 1 and 2 found that an environmental cue that made a miscommunication more or less salient impacted listener language processing effort (eye-tracking). Experiment 2 also indicated that listeners may develop different processing heuristics dependent upon the speaker's use of ambiguity that led to a miscommunication, exerting a significant impact on cognition and decision making. We also found that perspective-taking effort and decision-making complexity metrics (computer mouse tracking) predict language processing effort, indicating that instances of miscommunication produced cognitive consequences of indecision, thinking, and cognitive pull. Conclusion Together, these results indicate that listeners behave both reciprocally and adaptively when miscommunications occur, but the way they respond is largely dependent upon the type of ambiguity and how often it is produced by the speaker.

“It's Not Humanly Possible to Do Everything”: Perspectives on Intervention Decision-Making Processes of Parents of Children with Autism Spectrum Disorders

2015 ◽  
Vol 22 (1) ◽  
pp. 13-21 ◽  
Author(s):  
Erinn Finke ◽  
Kathryn Drager ◽  
Elizabeth C. Serpentine
Keyword(s):  
Decision Making ◽  
Individualized Education Program ◽  
Children With Autism ◽  
Autism Spectrum ◽  
Sources Of Information ◽  
Individual Decision ◽  
Decision Making Processes ◽  
Spectrum Disorders ◽  
Interview Methodology ◽  
Communication Interventions

Purpose The purpose of this investigation was to understand the decision-making processes used by parents of children with autism spectrum disorder (ASD) related to communication-based interventions. Method Qualitative interview methodology was used. Data were gathered through interviews. Each parent had a child with ASD who was at least four-years-old; lived with their child with ASD; had a child with ASD without functional speech for communication; and used at least two different communication interventions. Results Parents considered several sources of information for learning about interventions and provided various reasons to initiate and discontinue a communication intervention. Parents also discussed challenges introduced once opinions of the school individualized education program (IEP) team had to be considered. Conclusions Parents of children with ASD primarily use individual decision-making processes to select interventions. This discrepancy speaks to the need for parents and professionals to share a common “language” about interventions and the decision-making process.

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