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Books > Law > Jurisprudence & general issues > Legal skills & practice > Advocacy
This study on cross cultural perspectives in child advocacy deals with various topics, including support for children's issues, the factors that influence reporting of suspected child abuse and child advocacy's application to education professionals. The study looks at issues from around the world.
Human rights tend to focus on the relationship between the individual and the state the individual is the rights-holder, the state is the duty-holder. Children's rights bring a third player much more into the picture, namely the parents. Although, legally speaking, they are not duty-holders under the UN Convention on the Rights of the Child, parents do have a number of responsibilities under the Convention on the Rights of the Child and other human rights instruments. Child rearing may still be considered by many to be within the private domain, i.e. a matter of concern only within the relationship between children and their parents, with the exception of instances of child abuse or neglect. However, States may be obligated to turn parental responsibilities into national legal duties if this is needed to improve the legal and social position of children. In this volume, child-rearing responsibilities are examined in the light of children's rights and other human rights. All the contributions focus in particular on the proposal to introduce an upbringing (or parenting) pledge. The upbringing pledge contains not only a statement of lasting commitment towards the child, but also an explicit declaration of commitment to respect and promote the rights of the child both as a person and as a human being who is utterly dependent upon parents for wellbeing and the development of his or her personality. By means of the upbringing pledge as a child rights-based social institution, the responsibilities of society and the state towards both parents and children are re-affirmed as well.
"Baby safe haven" laws, which allow a parent to relinquish a newborn baby legally and anonymously at a specified institutional location-such as a hospital or fire station-were established in every state between 1999 and 2009. Promoted during a time of heated public debate over policies on abortion, sex education, teen pregnancy, adoption, welfare, immigrant reproduction, and child abuse, safe haven laws were passed by the majority of states with little contest. These laws were thought to offer a solution to the consequences of unwanted pregnancies: mothers would no longer be burdened with children they could not care for, and newborn babies would no longer be abandoned in dumpsters. Yet while these laws are well meaning, they ignore the real problem: some women lack key social and economic supports that mothers need to raise children. Safe haven laws do little to help disadvantaged women. Instead, advocates of safe haven laws target teenagers, women of color, and poor women with safe haven information and see relinquishing custody of their newborns as an act of maternal love. Disadvantaged women are preemptively judged as "bad" mothers whose babies would be better off without them. Laury Oaks argues that the labeling of certain kinds of women as potential "bad" mothers who should consider anonymously giving up their newborns for adoption into a "loving" home should best be understood as an issue of reproductive justice. Safe haven discourses promote narrow images of who deserves to be a mother and reflect restrictive views on how we should treat women experiencing unwanted pregnancy.
'Advocacy: A Practical Guide' is for those who wish to learn essential advocacy skills as well as those seeking to make their advocacy more effective. The author has taught advocacy in over 20 countries and recognises that the challenges of advocacy throughout the world are much the same. This accessible book is intended to give you essential knowledge, tips, confidence and support. 'Advocacy: A Practical' provides you with techniques with which, by practice and experience, you can refine your skills. The book shows you how to overcome nerves; how to present clearly and ethically; and how to undertake case analysis. It will also show you how to succeed in Interim Applications (Motions); Handling Witnesses in Examination-in-Chief (Direct Examination) and in Cross-Examination; Re-examination; Making Submissions of Law to a Court or Panel; and Trial Speeches. There is also a section on Written Advocacy which teaches you to write persuasively and how to draft submissions and effective skeleton arguments. Finally, the book is full of stories and examples of skilful advocacy. It looks at the great advocates; their methods and approaches to winning cases and what made them stand out from the rest. This book is based on civil advocacy and arbitration, although patent attorneys and criminal practitioners will also find it valuable. International lawyers will also find the book helpful, providing as it does a better understanding of common law practices such as cross-examination.
A new installment of the series of Interviews with Global Leaders in Policing, Courts, and Prisons, this book expands upon the criminal justice coverage of earlier volumes, offering the voices of 14 lawyers from 13 diverse locales, including countries in Africa, North America, South America, Europe, and the Asia-Pacific region. This book is intended for students and others focusing on law and legal studies, policing, psychology and law, criminology, justice studies, public policy, and for all those interested in the front lines of legal change around the world. Featuring versatile chapters perfect for individual use or as part of a collection, this volume offers a personal approach to the legal world for students and experienced professionals.
This volume of the Research in Global Child Advocacy Series explores participatory methodologies and tools that involve children in research. Perspectives on the role of children have transitioned from viewing children as objects of research, to children as subjects of research, to acknowledgement of children as competent contributors and agents throughout the inquiry process. Researchers continue to explore approaches that honor the capacity of children, drawing on diverse methodologies to elevate children's voices and actively engage them in the production of knowledge. Nonetheless, despite these developments, questions over the extent to which children can be free of adult filters and influence merits sustained scholarly attention. The book includes chapters that critically examine methodological approaches that empower children in the research process. Contributions include empirical or practitioner pieces that operate from an empowerment paradigm and demonstrate the agenic capacity of children to contribute their perspectives and voices to our understanding of childhood and children's lives. The text also features conceptual pieces that challenge existing theoretical frameworks, critique research paradigms, and analyze dilemmas or tensions related to ethics, policy and power relations in the research process.
The current surge of displaced and trafficked children, child soldiers, and child refugees rekindles the virtually dead letter of the Genocide Convention prohibition on transferring children of one group to another. This book focuses on the gap between genocide as a legal term and genocidal forcible child transfer as a catastrophic experience that disrupts a group's continuity. It probes the Genocide Convention's boundaries and draws attention to the diverse, yet highly similar, patterns of forcible child transfers cases such as colonial genocide in the US, Canada, and Australia, Jewish-Yemeni immigrants in Israel, children of Republican parents during the Spanish Civil War and its aftermath, and Operation Peter Pan in Cuba. The analysis highlights the consequences of the under-inclusive protection granted only to four groups. Ruth Amir argues effectively for the need to add an Amending Protocol to the Genocide Convention to protect from forcible transfer to children of any identifiable group of persons perpetrated with the intent to destroy the group as such. This proposed provision together with Communications and Rapid Inquiry Procedures will highlight the gravity of forcible child transfers and contribute to the prevention and punishment of genocide.
Since the publication of its first edition in 2005, Advocacy Practice for Social Justice has served as a clear, comprehensive, and practical resource for social work courses in advocacy, community practice, and macro practice. Now in its fourth edition, this text provides extensive information on the value base for advocacy; an examination of why people get involved in advocacy; and step-by-step instructions for social workers and others who want to impact laws, regulations, and policies at any level. Bearing in mind the National Association of Social Workers' Code of Ethics' requirements to advocate on behalf of vulnerable populations, readers learn that advocacy is a problem-solving technique similar to that used in social work practice of all types. The book moves through the stages of advocacy: getting involved; understanding the issue; planning; advocating through education, persuasion, and negotiation; presenting information effectively; monitoring and evaluating results; and integrating advocacy into a social worker's everyday practice. The fourth edition's inclusion of new topics and solid foundation in social work values make it a must-read as social work students and practitioners work diligently to maintain the profession's focus on successful advocacy for social justice.
Advocacy skills, which are learnt in the moot court, as a precursor to the effective communication of persuasive legal argument, are essential for those seeking a career in law. The skills associated with successful mooting, cover the entire range of the domains of human activity: intellectual, physical and emotional. This informative book examines the theories relevant to the development of skills necessary for effective participation in competition moots. By consideration of underlying theories, Mark Thomas and Lucy Cradduck develop unique models of the skills of the cognitive, psychomotor and affective domains and effective team dynamics, emphasising the importance of written submissions. The authors use this analysis to develop a unique integrated model that informs the process of coaching moot teams according to reliable principles. The Art of Mooting distils the theories and principles that support successful moot performances, grounding these in practical examples of how a mooter's skills may be developed and improved. It is an essential guide for moot coaches, law and advocacy students and academics seeking to improve their skills, and new and existing practitioners.
Increasing international cooperation in tackling the worldwide problem of child abuse and neglect has helped to raise the profile of this important issue. Scholarly literature on the problem is growing, yet there is still a pressing need for a legal comparative commentary on the issue of child abuse claims in tort. Addressing this omission, this valuable work investigates how the factual circumstances as laid out in the landmark English cases of X v. Bedfordshire County Council and Barrett v. Enfield London Borough Council have been dealt with by the European Court of Human Rights and in a number of key jurisdictions including the US, Canada, Australia, South Africa, France, Germany and Italy. Examining the substantive tort law in these jurisdictions, the book highlights differences in procedure and compares alternative, non-judicial sources of compensation for claimants. It also offers suggestions for reform, providing a work that will greatly benefit all those working within this specific area of law or having an interest in the subject.
This book is a practical guide to practice and procedure in
courts and tribunals. It is aimed at the recently qualified
practitioner, pupil barristers, trainee solicitors, or lawyers
unversed in advocacy and procedure. It provides a guide to applications in most areas of the law,
with brief discussions of the relevant law, rules of procedure and
practical tips. The applications covered are those which
practitioners are likely to encounter in their first years of
practice. In addition, each chapter attempts to anticipate likely
pitfalls, with suggested solutions. The court system and techniques
of advocacy are also covered. This is not a legal textbook, and provides no substitute for legal research. It is designed to be starting point for advocates faced with an unfamiliar task.
Lawyers use non-trial advocacy skills in court for pre- and post-trial submissions. They are easier to learn than trial advocacy skills, and are much more relevant to the work of most new lawyers. This book examines all key aspects of criminal and civil non-trial advocacy, including bail applications, pleas in mitigation and interim applications made during the course of civil actions. Readers will learn the strategies and techniques of non-trial advocacy through seven realistic case studies: the lawyers involved discuss their strategies and deliver their arguments; the judge makes a decision; and the strengths and weaknesses of the arguments are then analyzed. With this innovative, case study approach to teaching advocacy skills, Non-Trial Advocacy provides an insight into how lawyers think and how they translate their strategies into courtroom action. The book concludes with a discussion of ethical conflicts involved in the practice of advocacy and how these affect the quality of lawyers' work in this field.
This account of six families whose children were wrongly seized by child protection services vividly illustrates the constitutional balancing act where medicine, family interests, and child safety can clash. They Took the Kids Last Night shows a rarely exposed side of America's contemporary struggle to address child abuse, telling the stories of loving families who were almost destroyed by false allegations—readily accepted by caseworkers, doctors, the media, and, too often, the courts. Each of the six wrongly accused families profiled in this book faced an epic and life-changing battle when child protection caseworkers came to their homes to take their kids. In each case, a child had an injury whose cause was unknown; it could have been due to an accident, a medical condition, or abuse. Each family ultimately exonerated itself and restored its family life, but still bears scars from the experience that will never disappear. The book tells why and how the child protection system failed these families. It also examines the larger flaws in our country's child protection safety net that is supposed to sort out the innocent from the guilty in order to protect children.
Taking a multi-disciplinary perspective, and one grounded in human rights, Unaccompanied young migrants explores in-depth the journeys migrant youths take through the UK legal and care systems. Arriving with little agency, what becomes of these children as they grow and assume new roles and identities, only to risk losing legal protection as they reach eighteen? Through international studies and crucially the voices of the young migrants themselves, the book examines the narratives they present and the frameworks of culture and legislation into which they are placed. It challenges existing policy and questions, from a social justice perspective, what the treatment of this group tells us about our systems and the cultural presuppositions on which they depend.
Bringing together some of the world's leading family law scholars, as well as bright and emerging minds in the field of global family law, this book explores the differences and commonalities in the conceptualization and legal treatment of families throughout different legal traditions. Each chapter delves into topics integral to family law jurisprudence and serves as a novel examination into a deep slice of family law. Together, the four parts and sixteen chapters create a melodious and intriguing examination of groundbreaking and cutting-edge areas of law in the realm of the family. The four parts primarily focus upon a major family law topic with the authors examining the laws across jurisdictions, cross-nationally, or in some cases intra-jurisdictionally. It is through this comparative lens that we see how family law concepts are woven into the fabric of overall society around the globe. This book is of interest to family law, international law, sociology, and socio-legal scholars.
Prosecuted But Not Silenced is a powerful documentary about a mother and daughter's tragic involvement with the judicial system when there were allegations of child sexual abuse-a human rights and civil rights issue for women and children. It is an important educational tool for judges, lawyers, social workers, therapists, politicians, and the general public so that people realize what still occurs today. A National Health Crisis, Maralee's story reveals the last taboo and a crime that needs the public's attention, and emphasizes the need for training in the dynamics of maltreatment so that no more mothers have to suffer what happened to Maralee and her daughter.
Taking a multi-disciplinary perspective, and one grounded in human rights, Unaccompanied young migrants explores in-depth the journeys migrant youths take through the UK legal and care systems. Arriving with little agency, what becomes of these children as they grow and assume new roles and identities, only to risk losing legal protection as they reach eighteen? Through international studies and crucially the voices of the young migrants themselves, the book examines the narratives they present and the frameworks of culture and legislation into which they are placed. It challenges existing policy and questions, from a social justice perspective, what the treatment of this group tells us about our systems and the cultural presuppositions on which they depend.
This work explains the language used by the most successful advocates throughout the English-speaking world, and contributors include distinguished lawyers within these jurisdictions, from the Far-East to the USA. As well as dealing with the words and phrases of advocacy, the book covers other aspects of the technique of communication.
Advocacy has become a key part of public health degree programs across the country. Many programs have added policy and advocacy courses into curricula in response to new emphases in accreditation requirements, yet few public health textbooks comprehensively cover the advocacy skills that health professionals need to effect change. Be the Change is an affordable introductory resource on public health advocacy, policy, and community organizing for both undergraduate and graduate students within the health and social sciences. Using a conversational and reader-friendly style, the authors draw on their experience as diverse advocates and practitioners in the field to synthesize the purpose, strategies, and tactics used in successful advocacy campaigns in public health. In each chapter, they highlight case studies of actual advocacy campaigns alongside concrete strategic recommendations for implementing change at the local, state, and federal levels. Full of useful stories and advice, Be the Change amplifies the important advocacy work happening around the United States, from traditional health organizations to grassroots community activists, and provides readers with the tools and inspiration to put advocacy into practice every day.
Rooted in the crisis over slavery, disagreements about child labor broke down along sectional lines between the North and South. For decades after emancipation, the child labor issue shaped how Northerners and Southerners defined fundamental concepts of American life such as work, freedom, the market, and the state.Betsy Wood examines the evolution of ideas about child labor and the on-the-ground politics of the issue against the backdrop of broad developments related to slavery and emancipation, industrial capitalism, moral and social reform, and American politics and religion. Wood explains how the decades-long battle over child labor created enduring political and ideological divisions within capitalist society that divided the gatekeepers of modernity from the cultural warriors who opposed them. Tracing the ideological origins and the politics of the child labor battle over the course of eighty years, this book tells the story of how child labor debates bequeathed an enduring legacy of sectionalist conflict to modern American capitalist society.
Enriching the balance and meaning of life by better understanding stress and creating your own self-care protocol, Bounce shows you how to live life to the fullest. People are naturally drawn to information on how to improve self-care, create a richer circle of friends, develop and maintain a healthy perspective, and, especially now, the importance of seeing "alone-time" not simply as forced isolation but a venue for new personality development. This aids self-awareness and understanding and improves emotional intellect so we don't react but instead pause to reflect and process life as it unfolds. The original edition of Bounce addressed these areas but then came Covid-19, intense political strife, and increased divisiveness within countries, families, communities, and even faith traditions. The need to greet, successfully adjust to, and even benefit from, such unexpected and broad-reaching change, personally threatening challenges, and stress is of even greater importance now. In addition, styles of living which were taken for granted, such as adults going to work and children educated in an actual classroom, were also radically impacted. As a result, adults were also expected to quickly adapt in order to deal with the questions raised by the young about their own security and hoped-for normalcy. With updated information and a new chapter on post-traumatic growth (PTG), the second edition of Bounce is designed to enhance the search for balance and new meaning to live life to the fullest.
A practical reference on the EU rules and international initiatives that impact directly on EU cross-border disputes, this handbook is a must-have for any practitioner of cross-border mediation. The EU Mediation Directive 2008/52/EC laid down obligations on EU Member States to encourage quality of mediators and providers across specific compliance considerations, including codes of conduct and training, court referral, enforceability of mediated settlements, confidentiality of mediation, the effect of mediation on limitation periods, and encouraging public information. The book is organized into clear and consistent themes, structured and numbered in a common format to provide easily accessible provisions and commentary across the essential considerations of the Directive. All EU countries which have complied, along with Denmark (which opted out of implementing the Directive), or attempted to comply, with the Directive are included, allowing straightforward comparison of key issues across the different countries in this important and evolving area. Supplementary points of practical use, such as statistics on the success rates of mediation and advice on the requirements for parties to participate in mediation, and for parties and lawyers to consider mediation, add further value to the jurisdiction-specific commentary. A comparative table of the mediation laws forms an invaluable quick-reference appendix for an overview and comparison of the information of each jurisdiction, together with English translations of each country's mediation law or legislative provisions. Address this dynamic area of law with the benefit of guidance across all elements of the Directive impacting practice, provided by respected and experienced editors from the knowledgeable European authority in mediation, ADR Center, along with a host of expert contributors.
The 1984 explosion of the Union Carbide chemical plant in Bhopal,
India was undisputedly one of the world's worst industrial
disasters. Some have argued that the litigation following the
Bhopal disaster provided an "innovative model" for dealing with the
global distribution of technological risk; others consider the
disaster a turning point in environmental legislation; still others
argue that Bhopal is what globalization looks like on the ground.
The term "gender" was first distinguished from "sex" in the 1950s when psychologists began to discuss the idea of "gender roles," behaviors and responsibilities given to people by a society rather than flowing from their biology. Since then, leaders across disciplines have sought to better understand the roles of biology, psychology, and culture on gender. New language has emerged alongside rich scientific inquiry and research. Increased visibility of transgender and nonbinary communities has brought awareness to a range of gender diverse experiences, while legal battles, wage disparities, and health inequities continue to prove gender's relevancy in today's world. In this book, Laura Erickson-Schroth and Benjamin Davis guide readers through the knowns and unknowns of gender, asking questions such as: What is the difference between sex, gender identity, and gender expression? Were ancient societies matriarchal? How different are male and female brains, really? What role does language play in the ways we think about gender? What do we know about sex and gender in non-human species? What are the current frontiers in gender equality? Gender: What Everyone Needs to Know (R) is an easy-to-read guide that takes readers on a much-needed tour of perspectives on gender and identity in the 21st century. The book is written in a question-and-answer format, and Erickson-Schroth and Davis cover topics such as current definitions; the history of gender as concept; the role of biology, psychology, and culture on gender; and gender norms over time and across the globe. |
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