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1.
According to the UN Convention on the Rights of the Child and Swedish legislation, children have the right to participate in child protection proceedings. The aim of this paper is to describe and analyse the notion of age and maturity in child protection proceedings in order to elucidate how these aspects could influence children's rights to participate. We focus on the view of three groups of actors involved in child protection proceedings in Sweden—social workers, lawyers, and laypersons in social welfare boards and administrative courts—and on how children's age and maturity should be taken into consideration in decisions on their participation in court. The analysis is based on survey data. The study found that social workers, laypersons, and lawyers have different views on when children are old enough to have the right to litigate in court. Additionally, there is no consensus on how the maturity of the child can be assessed to inform the decision about participation. More discussion is needed about what competences a child needs to participate in court and to what extent this right should be limited by their age. Importantly, courts and decision‐making proceedings can be made more child friendly. 相似文献
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潘晓霞 《山西高等学校社会科学学报》2015,(1):39-41
死者无人格权,但死者具有人格利益。为了维护社会利益和善良风俗,我国法学界和司法实务界对死者人格利益保护也达成了共识。完善死者人格利益应在保护范围、行使主体、法律责任、免责事由及保护期限等方面给予立法规制。 相似文献
4.
Eileen Munro 《Child & Family Social Work》2019,24(1):123-130
The argument is made for having a positive error culture in child protection to improve decision‐making and risk management. This requires organizations to accept that mistakes are likely and to treat them as opportunities for learning and improving. In contrast, in many organizations, a punitive reaction to errors leads to workers hiding them and developing a defensive approach to their practice with children and families. The safety management literature has shown how human error is generally not simply due to a “bad apple” but made more or less likely by the work context that helps or hinders good performance. Improving safety requires learning about the weaknesses in the organization that contribute to poor performance. To create a learning culture, people need to feel that when they talk about mistakes or weak practice, there will be a constructive response from their organization. One aspect of reducing the blame culture is to develop a shared understanding of how practice will be judged and how those appraising practice will avoid the hindsight bias. To facilitate a positive error culture, a set of risk principles are presented that offer a set of criteria by which practice should be appraised. 相似文献
5.
目前,我国在页岩气开发的环境保护方面存在着大量的法律空白,往往只能参照环境保护法和矿产资源法中的相关规定进行规制,无法有效解决页岩气开发暴露出来的环境问题。页岩气开发环境风险的法律规制,核心目的就是解决当前页岩气开发中的环境风险,促进页岩气开发与环境保护相协调,实现能源开发的可持续发展。在页岩气开发环境风险的法律规制方面,英美两国已经探索出一些经验和制度。积极借鉴国外有益经验,努力改进和完善我国应对页岩气开发环境风险的法律规制,对实现我国页岩气开采的经济效益、社会效益和环境效益三者的统一具有重要的现实意义。 相似文献
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This study investigated the risk factors associated with the occurrence of child physical and psychological abuse in South Korea based on the ecological theory of child maltreatment. A subsample of 3‐ to 18‐year‐old children from “A Study on the Current State of Child Abuse and Neglect,” a nationally representative study on child abuse and neglect, was utilized for secondary data analysis. The sample was divided into two age groups (third graders in elementary school and below and fourth graders and above). We utilized hierarchical logistic regression for each age group separately to analyze the data. The variables at each level of the system (i.e., ontogenic development, microsystem, and exosystem) were entered into the model in sequential order. The results showed the common risk factors for both age groups are the caregiver's experience of abuse in childhood, the child's problem behavior, exposure to domestic violence, community size, and informal social control. The child's age was also significant in both groups but in the opposite direction. Social support was a significant predictor for the younger age group only, while the caregiver's level of education was significant for the older age group only. Implications for future research and practice are discussed based on the study results. 相似文献
8.
《Social Development》2018,27(3):495-509
Parents' reactions to children's emotions shape their psychosocial outcomes. Extant research on emotion socialization primarily uses variable‐centered approaches. This study explores family patterns of maternal and paternal responses to children's sadness in relation to psychosocial outcomes in middle childhood. Fifty‐one families with 8‐ to 12‐year‐old children participated. Mothers and fathers reported their reactions to children's sadness and children's social competence and psychological adjustment. Cluster analyses revealed three family patterns: Supportive (high supportive and low non‐supportive reactions from both parents), Not Supportive (low supportive reactions from both parents), and Father Dominant (high paternal supportive and non‐supportive reactions, low maternal supportive and non‐supportive reactions). Supportive families had children with higher social competence and more internalizing symptoms whereas Father Dominant families had children with lower social competence and fewer internalizing symptoms. Not Supportive families had children with average social competence and fewer internalizing symptoms. Findings are discussed in relation to the “divergence model” which proposes that a diverse range of parental responses to children's sadness, rather than a uniformly supportive approach, may facilitate children's psychosocial adjustment. 相似文献
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随着信息技术的高速发展,公民的个人信息和个人隐私极易遭受滥用和侵害。以达成数据主体对于个人信息的主动自决意愿为内驱动力的被遗忘权,欧美发达国家因符合其政治需求和价值主张而广泛确立。虽然被遗忘权权利本质亦与我国社会发展实际相契合,且国内的立法司法实践也为其培育了移植基础,但被遗忘权在我国的本土化移植仍然面临诸多障碍,如信息技术瓶颈、商业风险增加、现有制度衔接低效等。从厘清被遗忘权基本概念、建立专门信息保护机构、构建商业化个人信息储存及使用机制、明确被遗忘权救济渠道与规则以及升级信息保护技术等方面为切入点,寻求被遗忘权本土化移植的解决思路。 相似文献
10.
Adrian D. Van Breda 《Journal of youth studies》2015,18(3):322-337
The journey out of care and towards independent living is a challenge for many care-leavers. There has been little research into the social processes involved in this care-leaving journey. This paper presents the results of a grounded theory investigation into the care-leaving journeys of nine young men who had, several years previously, been in the care of Girls & Boys Town in South Africa. Working from a resilience perspective, with an ecological emphasis, four central social processes emerged that together explain the care-leaving experiences of the participants. These processes are striving for authentic belonging; networking people for goal attainment; contextualised responsiveness and building hopeful and tenacious self-confidence. These four processes are located within contextual boundaries and at the social environmental interface. The paper presents these processes in detail, drawing on selected narratives of the participants and integrated with additional theory. It is hoped that this paper may contribute to theory building concerning care-leaving processes and enhance youth care practices for youth in care and leaving care. 相似文献