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Devyani Prabhat and Jessica Hambly
This article identifies children’s rights as a neglected area in citizenship literature, both in socio-legal scholarship and in British nationality case law. It analyzes reasons…
Abstract
This article identifies children’s rights as a neglected area in citizenship literature, both in socio-legal scholarship and in British nationality case law. It analyzes reasons for this neglect and posits that there exists a dichotomy in approaches to the wellbeing of children in the UK. The characterization of children’s interests and subsequent obligations owed by states to children are different in nationality law from other areas of law, notably, family law. Through our case study of the registration of children as British citizens, we argue that in the UK formal legal membership may appear achievable “in the books” but remains elusive in “law in action.” Children’s interests should be just as central to citizenship studies and nationality case law as to family law cases. A new approach to acquisition of British citizenship by children, with the best interests of the child as a critical evaluative principle at the heart of decision making, will usher in a new era. In the absence of such reconceptualization, children remain passive subjects of nationality law and their voices are unheard in processes of acquisition of citizenship.
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Some countries prohibit the imposition of life imprisonment on women but allow it for men for the same offence (e.g. Albania, Azerbaijan, Russia and Belarus). In Khamtokhu and…
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Some countries prohibit the imposition of life imprisonment on women but allow it for men for the same offence (e.g. Albania, Azerbaijan, Russia and Belarus). In Khamtokhu and Aksenchik v. Russia (2017) the European Court of Human Rights rejected the claim that it was discriminatory to punish two Russian men convicted of murder to life imprisonment. Other than a handful of legal commentaries there have been no in-depth analyses of the case, in particular on the dangers of using gender stereotyping to limit life imprisonment. To address this gap, this chapter draws on criminological works on the gendered experience of life imprisonment, legal analyses of perpetual incarceration under human rights law and ECHR case law on gender stereotyping and on life imprisonment. This study critically discusses the Court’s assessment of gender stereotypes in the context of life imprisonment and considers whether its approach constitutes any improvement for women. In so doing, it illuminates how well-intended efforts to curtail some extreme forms of penal practices such as perpetual incarceration may have unintended and perverse consequences for women specifically and the landscape of punishment more generally.
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Juli Ponce, Alexandre Peñalver, Oscar Capdeferro and Lloyd Burton
The law of catastrophic wildfire prevention and response in the Mediterranean member states of the European Union stands in stark contrast to that of common law nation states such…
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The law of catastrophic wildfire prevention and response in the Mediterranean member states of the European Union stands in stark contrast to that of common law nation states such as Australia and the United States. This is due primarily to the higher levels of reciprocal moral and legal obligations between governments and citizens established in various sources of European law. Focusing on the relationship between the EU, Spain, and the Autonomous Community of Catalonia within Spain, this chapter describes these three legal frameworks as they are nested within each other, followed by some case law examples of these laws in action. We compare and contrast the philosophical assumptions underlying the utilitarian cost–benefit approach to regulatory justification used in the United States with the precautionary principle model emblematic of the European Union, the member state of Spain, and its Autonomous Community of Catalonia. Regardless of approach, protection of the public health, safety, and welfare will only be as robust and effective as the government agencies that have that responsibility, and the degree of cooperation with those agencies of the citizens they serve.
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The ‘hostile environment’ agenda of Government has effectively endorsed the deliberate exploitation of irregular migrants in the agricultural industry. This minor project of…
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The ‘hostile environment’ agenda of Government has effectively endorsed the deliberate exploitation of irregular migrants in the agricultural industry. This minor project of jurisprudence will provide two arguments in support of this hypothesis. Firstly, the vulnerabilities faced by irregular migrants are reinforced through the xenophobic narrative embodied within the law and the courts. The lack of priority afforded to modern slavery on the UK Policy Agenda has allowed a ‘grey labour market’ (1) to develop. Irregular migrants face a ‘precarity paradox’ and (2) they must avoid the carceral regime of immigration control by entering into unprotected and deliberately exploitative work. Secondly, a lacklustre attempt to remedy the corruption in the horticultural industry proves that the state is preoccupied, capitalising on irregular labour practice in the interests of state capital. Thus, the Government allows the commodification of workers within the supply chain to profit British businesses.
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