The Position of the Customs Law in the Legal System

The article considers the position of customs law in the legal system. It starts with changes concerning the phenomenon known as customs policy. The customs policy of the European Union is a foundation of the Union and an essential element in the functioning of the single market. All these changes have to be regulated by law; one of the branches is financial law. It represents a system of legal rules regulating the social and economic relationships that emerge in the process of generating, distributing, and using the centralised and decentralised monetary funds (financial resources) in the environment of the state and of self-governing administrative units, in the interest of providing for financial coverage of the fulfilment of their respective functions. The Slovak legal system and its individual branches including financial law can be characterised on the basis of certain principles. These represent basic goals, rules, and requirements expressing the substance and main focus of a particular branch of law. These principles are described. The second part of the article concerns the position of customs law, which here represents a system of legal rules regulating the social and economic relationships emerging in the process of movement of goods over the customs border. Customs law has its own development and is given a new dimension and dynamics by the common European area in the form of the European Union. The article concludes with the position of customs law, defining it as a subsection of financial law.     

Index

This article discusses some of the reasons why social workers need to add to their understanding of the law and legal procedures, and to develop legal skills. It also explores several specific areas of the law to be studied: function, sources, concepts, procedures, and skills. A teaching approach to this material in an introductory course on law for social workers is then presented. The article concludes with suggestions for additional curriculum offerings.     

Unobtrusively Stretching Law: Legal Education,Activism, and Reclaiming Title IX

We often understate the work that activists put into crafting movement tools. This article examines the space between legal texts and movement resources in a study of early activism surrounding Title IX. Though often hailed as a feminist law, the Title IX statute and regulations lay out a narrow set of individual rights and incorporate several conservative principles. In an analysis of early social movement mobilization surrounding Title IX by the Connecticut Women's Educational and Legal Fund (CWEALF), we identify a distinctive legal framing technique tied to the often overlooked practice of lay legal education. In a legal education campaign that targeted schools, CWEALF placed Title IX's actual requirements alongside broader feminist ideas about gender socialization and civic responsibility to imply that the law mandated substantially greater reforms, a tactic we call unobtrusively stretching law. This article contributes to research on social movements and legal mobilization by illustrating how legal education can serve as part of the tool-making kit for social movements as they struggle to transform legislative compromises into movement resources.     

School Social Work

Abstract

This article addresses the need for social work students to understand basic legal concepts and their application in social work. It begins with a review of recent literature on teaching law within the social work curriculum. It then reports on the authors' April 1991 survey of accredited MSW programs, which showed that few schools require MSW students to study law, but that curricula have little room to expand. Finally, the article describes a flexible approach to infusing legal content into existing social work courses by focusing on six legal precepts: the definition and regulation of practice; client issues; privacy; advocacy; conflict/liability; and precedents.     

Legal capacity and the mental health social worker role: an international comparison

ABSTRACT

New capacity laws have been introduced to many jurisdictions over the last decade. These laws have substantially changed the way in which mental health social workers and other professionals approach decisions about, and for, clients. Most notably, there is now an expectation that mental health social workers engage more in supported decision-making to prevent the need for substitute decision-making. This article describes the legal and policy drivers that have led to these changes in practice, with a particular emphasis on the significance of the United Nations Convention on the Rights of Persons with Disabilities (the UNCRPD) and the importance of recovery approaches in mental health services. It then uses selected literature to explore the efficacy of the laws and decision-making in this area. The second part of the article identifies the role that mental health social workers can play in supporting legal capacity, drawing from the authors’ experience and knowledge of mental health social work and law in four jurisdictions: Victoria, Australia; Ontario, Canada; England and Wales; and Northern Ireland. It is concluded that mental health and other social workers need to refine skills, knowledge and values to accommodate this paradigm shift in law, policy and practice.     

Dilemmas between law and ethics in Czech social work

In many situations social workers face the necessity of making a decision. One of the most frequent scenarios of making a choice is the dilemma of whether to intervene or not. The choice itself is conditioned on the one hand by the obligation to comply with the relevant legal requirements and on the other by the necessity of respecting ethical values, rules and principles. One often encounters a situation when the legal requirements and ethical conduct appear in mutual contradiction. This essay will deal with the possible concept of the relationship between law and ethics giving examples of dilemmas between ‘confidentiality’ and the ′informing or reporting obligation′ in the context of Czech social work.     

Perceptions of Readiness for Legally Literate Practice: A Longitudinal Study of Social Work Student Views

Law is a prescribed element of the curriculum for the social work degree. Research and development work have included a systematic review, practice survey and curriculum building; however, little evidence exists about the outcomes of teaching and learning of law in social work education, although students report increasing levels of satisfaction. Moreover, doubts remain about how far students acquire legal knowledge and skills in its implementation.

This survey of social work students in seven UK universities measured their law learning and their confidence in using this knowledge. Concept maps and a self-audit questionnaire were used to capture students' understanding and perceptions of this knowledge domain and self-assessments of their legal knowledge and skills. A large sample was achieved across first, second and final year students.

The interface between the legal rules and practice is a site of anxiety and perceived difficulty. In some areas students offer relatively confident self-assessments of their legal knowledge and skills for practising law. However, levels of confidence in other areas of their law learning raise doubts about the degree to which they can advocate for, and protect, service users. Conclusions are drawn about the effectiveness of students' law learning.     

Tutor and Student Experiences of Teaching and Learning Law in UK Social Work Education

In a project researching the outcomes of teaching law in social work education, students and tutors were asked to reflect on their experiences of both the academic curriculum and how learning was translated into practice. Curriculum documents in the eight participating universities were also analysed.

At times distinctive orientations emerged from approaches to teaching and practising social work law articulated by tutors and students, and captured in course documentation. On what contributed to effective teaching outcomes, both students and tutors emphasised the application of law learning to practice and the importance of considering learning styles. For students, law learning remains a complex challenge but with a clear interface with social work values. Teaching can help to reduce anxiety about practising social work law but familiar barriers to learning and its application in practice also surfaced. In addition to the time allocated to law learning, development of legal knowledge and skills was greatly affected by the priority given to this aspect of practice during placements.

The openness of practice assessors and managers towards the legal rules and students who use their legal and ethical literacy to advocate for particular outcomes for service users was a crucial factor positively affecting the student experience.     

Kevin and Peter: responses to two ‘preventable deaths’

European welfare states have substantial provision to ensure that children are brought up in conditions that meet the articles of the United Nations’ Convention of the Rights of the Child. In our analysis of two preventable deaths in Germany and England, we focus primarily on Article 18, which directs states to ensure that there is adequate provision to support parents in their responsibilities, and Article 19, which ensures children’s safety and protection. We outline the legal framework, which existed at the time of two child deaths: Kevin from Bremen and Peter in London, both young children who were subject to formal state supervision and oversight. The events – including the press response, their aftermath and the subsequent changes to social work practice through legislation and guidance will be examined. Our subsequent analysis will evaluate the extent to which events altered the balance between Articles 18 and 19 in the two countries, and the extent to which a Children’s Rights approach in this area offers new insights. The analysis will suggest that a rights-based approach offers some benefits for a comparative framework and understanding child and family social work, but also that it is not without some difficulties.     

De Jure vs. De Facto Rights: A Response to “Human Rights: What the United States Might Learn from the Rest of the World and,Yes, from American Sociology”

Blau's ( 2016 ) argument for a Constitutional Project implies that changes in the U.S. Constitution would ensure fundamental adherence to human rights standards. We disagree with the assumption that legal and institutional instruments are guarantors of human rights practice. Instead, we see rights practices as the function of power struggles that include but go far beyond formal law. Instead, we emphasize an important distinction between de jure human rights instruments and de facto human rights practice, arguing that the focus on de jure instruments and legal discourse misses the significant effect of social movements and direct action that secure rights practice. De jure instruments may codify human rights and enumerate them as important, but they do not carry the authority of enforcement. We argue that the pursuit of human rights must be reframed to include both de jure and de facto human rights terrains. While charitable provisions from generous states can temporarily relieve specific human rights abuses, universal human rights practice requires establishing the fundamental political primacy of the people through the processes of the human rights enterprise.     

Information and computer technology use in Australian social work education

Abstract

Computer technology is now an every day aspect of both our personal and professional lives. Recently however, concern has been raised as to the preparedness of social work students to use this tool effectively when entering the practice setting. This paper sets out to address the issue by investigating the extent and ways in which computer technology is included in four-year full time Australian social work degree programs. A national study of Australian academics was conducted and the main themes to emerge were: 1) information and computer technology was considered important for social work education and practice; 2) educators need to understand technology if they are to incorporate it effectively within their curricula; 3) the inclusion of technology in social work education should be approached with caution to ensure it is used appropriately to enhance students' learning while maintaining the guiding values and principles of practice of the social work profession; and 4) that students are aware of the legal and ethical use of technology in practice.     

Preparing Social Workers for Practice: Re-evaluating Student Learning Needs

Among the key developmental priorities that have been identified in the current process of reform taking place in social work in the UK is the need to improve social work students' preparedness to meet the challenges they will encounter in practice. This paper contributes to the current debate about this issue by reporting a research study that focused on final year undergraduates' experience of academic and practice learning and considered the impact of demographic factors, including age, gender, disability, previous experience and qualifications, on their perceptions of preparedness. The results indicate that students were satisfied with most aspects of preparatory teaching and learning. However, the findings also highlight areas in which students' preparation could be further enhanced, including their skills in dealing with conflict and managing risk. The results suggest that social work programmes should not overly depend on practice learning to prepare students to address the challenges presented by increasingly complex working environments and that educators need to work closely in collaboration with employing partners to ensure that the curriculum keeps up to date with the changing learning needs of practitioners.     

地方性预防未成年人犯罪条例的立法研究

未成年人是祖国的希望和未来,世界各国都充分意识到未成年人权益保护和预防未成年人犯罪工作的重要性,纷纷通过立法将未成年人工作规范化和法制化,逐渐形成了完善的预防未成年人犯罪法律体系。我国目前根据“预防为主、惩罚为辅”的基本原则初步形成了预防未成年人犯罪的工作格局。但目前我国关于未成年人犯罪预防的法律是不完整的、欠缺系统的,各地方省市需要充分认识完善预防未成年人犯罪法律体系的基础作用,根据上位法《预防未成年人犯罪法》的原则和精神．结合本地实际,制定具有指导性和操作性的地方预防条例,健全完善预防未成年人犯罪的法律体系．加强预防未成年人犯罪工作的针对性,提高预防未成年人犯罪工作的科学性。     

What's on Their Minds? The South African Child Welfare Academic Agenda from 2001 to 2010

Social work teaching and research is assumed to impact significantly on practice, readying students for employment and investigating areas relevant to practice. In South Africa, the historic divergence between the academic agenda and population needs is significant. In a context of transformation towards developmental social welfare, this paper investigates the extent to which tertiary education as well as research agendas match what South African child welfare practitioners have identified as priorities in the field. In a study examining trends and drivers in South African child welfare, it was found that the curriculum was largely being informed by the same trends that shaped practice. However, the research agenda differed markedly from the issues concerning practitioners. Also, practitioners thought that new graduates were ill-equipped to deal with practice demands in resource-poor and transforming (post-apartheid) environments. It is recommended that South African academics and practitioners ensure that child welfare curricula, academic enquiry and practice demands overlap more closely in order to better prepare novice social workers and provide leading research. With globalization and the increased need to respond to diverse populations, it becomes critical that social work education is reviewed both in the north and south to ensure its relevance for practice.     

Outreach social work: from managing access to practices of accessibility

A recurring feature of outreach work is that outreach tries to reach people who are left without care and not effectively reached by existing services. In this article, we discuss the importance of outreach practices in the context of changes in society. We suggest that the pressure on the managing of access to social services is increasing along with the demand to avoid an unnecessary inflow, and make a distinction between a residual and structural approach to social work and social service delivery. In a residual approach, outreach social work can be seen as a strategy to manage access or as a strategy to link clients with appropriate services. In this sense, they ensure that people meet predefined criteria of social services. From a structural approach, however, the focus lies on how practices possibly contribute to the realization of human dignity in social interactions and might lead to a socio-political analysis of those situations in which social work intervenes. On a conceptual level, outreach practices thus appear as practices of accessibility. From this perspective, existing problem constructions and dynamics of inclusion and exclusion in social services but also more broadly in society might be questioned and ultimately changed.     

Developing people in a network of relational practices: reflections on the role of social work education

The mission of social work education in Flanders is threefold: to deliver education, to conduct research and to provide services to society. In our opinion social work education has a critical and liberating function towards society and it must stimulate and develop a critical attitude amongst students. In this article we first focus on the educational dimension of social work education as we practise this in one institute. Next we describe how we realise our objectives as a social work education institute in relation to the professional field. The central concept of our vision is social work as a relational practice.     

Resisting Neoliberalism from within the Academy: Subversion through an Activist Pedagogy

Teaching and learning in the neoliberal academy means that educators in non-market-oriented departments, such as social work, face several constraints and challenges when trying to implement an anti-oppressive, social justice focused curriculum. This article considers challenges that can arise with an introductory social work course in the current context of neoliberalism, especially when open to both social work and non-social work students. With a particular focus on larger class sizes, the use of precarious labour and the depoliticization of the classroom, the authors use an inductive, reflective approach to analyse observations made about shifts in the behaviour and engagement of students in the course. The authors surmise possible explanations for these shifts, considering changes made to the substantive content and pedagogical practices of the course. Through this process the authors propose that these changes represent an ‘activist pedagogy’ which may offer potential for anti-oppressive education with students both inside and outside social work. As such, the authors propose ‘activist pedagogy’ as a possible way to resist and subvert the neoliberal educational paradigm and to better integrate the principles and practices of social justice and anti-oppressive social work into the classroom.     

The Legal Trial And/In Documentary Film

This article proposes to extend the work of law and film scholars, such as Carol Clover and Jennifer Mnookin, by looking at how juridically themed documentary films use the legal trial as both a platform and a structuring device to contest the evidentiary value of testimony, bear witness to the performance of law in our culture and engage in a social debate about flaws in contemporary jurisprudence. Because non-fiction film – with its presumed indexical relationship to reality and its attendant claims to authenticity – is often seen as having a privileged relationship to truth, the ethical and epistemological stakes of these visual representations are heightened. Consequently, the expectations we bring to the juridical documentary (in terms of its truth-telling responsibilities) make it a particularly loaded space for analysing the ethical and epistemological responsibilities of documentary representation as well as for revealing truths about the legal process and the ordering of a just society. Thinking through the ways in which contemporary trial documentaries differently approach the question of their subjects' guilt allows us to reflect on how the juridical documentary refracts the legal trial's own truth claims. These documentary films demonstrate that, while the documentary and the legal trial might share an epistemological affinity based on shared principles of evidence, narrative and argument, the way in which the trial itself is thematized as both a discourse and a practical purveyor of justice in documentary influences how we come to understand the law in action.     

Accountability of nonprofit organizations and those who control them: The legal framework

Legal accountability, understood as either an obligation to meet prescribed standards of behavior or an obligation to disclose information about one's actions even in the absence of a prescribed standard of behavior, is imposed on nonprofit organizations and those who manage them by state law and by fedral tax-exemption law. A perception that charities are exempt from both the electoral control that holds government accountable and the market forces that discipline business encourages a tendency to look to law to ensure accountability in the charitable sector, to perceive that shortcomings in the law are responsible for shortcomings in the sector, and to conclude that repair or reconstruction of the legal framework is the appropriate corrective. However, although the legal framework is far from perfect, sweeping change will not likely solve the problems and may well undermine the most positive characteristics of the sector. Some aspects of accountability cannot and should not be the subject of legal rules. Efforts to make charities accountable by redrawing legal standards of behavior in accord with popularly recognized standards of propriety, or even “excellence,” are likely to be counterproductive. Instead, adjustment of the legal framework in the hope of improving accountability should be incremental and should be evaluated in the context of organizing principles and core values that reflect our best understanding of the unique strengths of the sector and the functions it serves in our society.     

Protecting and Benchmarking Migrants’ Rights: An Analysis of the Global Compact for Safe,Orderly and Regular Migration

The Global Compact for Safe, Orderly, and Regular Migration (GCM) was to be “guided by human rights law and standards” in recognition of the rights of international migrants, who are currently protected by an overlapping patchwork of treaties and international law. The GCM contains many laudable commitments that, if implemented, will ensure that states more consistently respect, protect, and fulfil the rights of all migrants and also that states incorporate data on migration into a more cohesive governance regime that does more to promote cooperation on the issue of international migration. However, many concerns remain. Using a legal analysis and cross‐national policy data, we find that the GCM neither fully articulates existing law nor makes use of international consensus to expand the rights of migrants. In its first section, this article provides a concise analysis of the GCM's compliance with a set of core principles of existing international human rights law regarding migrants. In the second section, we apply a novel instrument to create an objective, cross‐national accounting of the laws protecting migrants’ rights in various national legal frameworks. Focusing on a sample of five diverse destination and sending countries, the results suggest we are close to an international consensus on the protection of a core set of migrants’ rights. This analysis should help prioritize the work necessary to implement the GCM.