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Book part
Publication date: 12 July 2022

Joseph Naimo

Abuse and misuse of Substitute Decision-Making (SDMg) authority impacts the lives of children and adults with decision-making disabilities. The concerns raised in this paper

Abstract

Abuse and misuse of Substitute Decision-Making (SDMg) authority impacts the lives of children and adults with decision-making disabilities. The concerns raised in this paper amplify previous attention addressed by advocacy agencies and law reformists such as the Law Commission of Ontario. I analyse problems associated with Plenary Guardianship from both the lived experience of the non-guardian perspective and from the authority bestowed to the Guardian pursuant to the Guardianship and Administration Act 1990 of Western Australia legitimating the unintended capacity to abuse one’s substitute decision-making authority. Substitute decision-making arrangements enable decisions to be made on behalf of a person with a decision-making disability; usually made when such arrangements are necessary and subject to safeguards. Detrimentally, the substitute decision-maker (SDM) can assert broader powers beyond sensible measures that include thwarting investigations undertaken by family members; removing family members from the life of the person for whom an order is made; inappropriately applying a paternalistic or ‘best interest’ approach to decision-making where other approaches are required; failing to consider the individual’s wishes or making decisions contrary to those wishes; having insufficient contact with the individual; and, sharing insufficient or incorrect information. Moreover, they may subject the individual for whom an SDM order is made to experimental medical treatment in tandem with imposing or condoning severe and harmful restrictive-practices. Consequently, the second issue addressed in this paper concerns normalising both chemical and physical restrictive-practices that are both morally abhorrent and clinically highly questionable. Furthermore, often undertaken by service providers and their contracted psychiatrists and treating teams, endorsed under authority of a collaborating Guardian or SDM.

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Who's Watching? Surveillance, Big Data and Applied Ethics in the Digital Age
Type: Book
ISBN: 978-1-80382-468-0

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Principles and Fundamentals of Islamic Management
Type: Book
ISBN: 978-1-78769-674-7

Book part
Publication date: 8 November 2019

Veronika Odinokova, Maia Rusakova and Vladlena Avdeeva

This is a study on perceptions of child abuse and interventions in cases of abuse in the Family and Childhood Support Centres in Saint Petersburg, Russia. It raises the following…

Abstract

This is a study on perceptions of child abuse and interventions in cases of abuse in the Family and Childhood Support Centres in Saint Petersburg, Russia. It raises the following questions: what is the divergence between the level of abuse experienced by a child and that recognized by adults? What are the conditions for recognition of the child as a victim of abuse by social workers? What interventions will the family and the child receive when the child recognized as a victim? To answer these questions, we conducted qualitative interviews with children and parents along with the social workers supporting them. The study confirms that children face abuse much more often than is recognized by adults. The child is more likely to be recognized as a victim if the parent reported the abuse, the abuse led to physical injury, or if it happened in the family. The child may be recognized as a victim if the child’s entry point into the system is through runaway or delinquent behaviour. However, in these cases, the child would more likely be treated as deviant than victimized. The child is less likely to be recognized as a victim in cases of corporal punishment within the family or abuse outside of the family (i.e., school bullying). Intervention into a case of abuse is usually focused on the mother of the child and involves enhanced supervision and social control of both the mother and the child.

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Victim, Perpetrator, or What Else?
Type: Book
ISBN: 978-1-78973-335-8

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Book part
Publication date: 29 February 2008

Fabien Jobard and Dominique Linhardt

This chapter approaches the question of government and surveillance through a comparison between the control practices observable in two types of places. First, we focus on…

Abstract

This chapter approaches the question of government and surveillance through a comparison between the control practices observable in two types of places. First, we focus on international airports, specifically the French international airport of Orly. Airports are maximum security zones where persons perceived as having no legitimate business are expelled and where suspicious objects are destroyed. The second kind of places are the ones labeled as “no-go areas”, violent pockets within urban space. Social housing projects located in the bleak suburbs of French cities are such dangerous zones. Both kinds of places – airports and no-go areas – have very different time and space features: people briefly pass through anonymous airports where relationships are kept at an impersonal minimum, whereas the population of a housing estate area is made of “permanent transients” pinned down by a shared fate of which there seems no escape.

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Surveillance and Governance: Crime Control and Beyond
Type: Book
ISBN: 978-0-7623-1416-4

Book part
Publication date: 5 August 2011

Ingeborg Marie Helgeland

Purpose – Young people exhibiting serious behavior problems represent an enormous challenge for municipal child welfare services in Norway. In working with these youngsters, it is…

Abstract

Purpose – Young people exhibiting serious behavior problems represent an enormous challenge for municipal child welfare services in Norway. In working with these youngsters, it is vital to create opportunities for them to participate in the decisions affecting their lives. The study aims to explore the dilemmas involving issues of participation on the one side and protection on the other: it is one where the child welfare worker is being required, on the one hand, to provide youths with an opportunity to participate in decisions affecting them while at the same time being required to protect those youths in their care from harming themselves in various ways. These two concerns of participation and protection are spelled out specifically in Article 12 of the UN Convention on the Rights of Children of which Norway is a signatory.

Methodology – This study draws from a qualitative reanalysis of interview data from a 15-year longitudinal study of 85 child welfare clients in Norway. They were followed up at three points in time: first when they became clients (age 14–15), next when they were young adults (age 20), and finally when they were 30 years old. All of these 85 informants had initially come to the attention of child protection authorities owing to the severity of their behavior problems.

Findings – The chapter describes how these young people experienced both participation and protection of the child welfare services at the time they were provided and later on when they had become adults. One important finding of the study is that, as adults, their opinions had changed and they then believed that the protection usually in the form of guardianship earlier provided to them as youngsters had been beneficial to them.

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The Well-Being, Peer Cultures and Rights of Children
Type: Book
ISBN: 978-1-78052-075-9

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Book part
Publication date: 25 November 2019

Richard A. Chapman

This chapter highlights the complexity of the lived experience of disability through a personal narrative about navigating multiple, often conflicting, identities.

Abstract

Purpose

This chapter highlights the complexity of the lived experience of disability through a personal narrative about navigating multiple, often conflicting, identities.

Methods/Approach/Findings

After briefly summarizing the understandings of scholars who maintain that narratives are the primary way in which people establish the identities of self and others, I focus on my story. Although an individual with a disability, scenes from my life demonstrate how I am neither the victim nor the superhero character so common in socially circulating stories about people who are disabled.

Implications/Value

This chapter challenges understandings of disability as either a medical condition or a site of social oppression. It demonstrates how narrative analysis can be an important tool for disability scholars and activists, and points to ways in which stories about the complexity of the disability experience disability can be used as tools for resistance and social change.

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New Narratives of Disability
Type: Book
ISBN: 978-1-83909-144-5

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Principles and Fundamentals of Islamic Management
Type: Book
ISBN: 978-1-78769-674-7

Book part
Publication date: 18 November 2020

Nerea Marteache, Monique C. Sosnowski and Gohar A. Petrossian

Illegal, Unreported and Unregulated (IUU) fishing is one of the most complex and serious environmental crimes affecting marine ecosystems around the globe and depriving coastal…

Abstract

Illegal, Unreported and Unregulated (IUU) fishing is one of the most complex and serious environmental crimes affecting marine ecosystems around the globe and depriving coastal communities of vital subsistence resources. Many strategies have been developed to deal with the problem in hopes to eventually eradicate it. This chapter will review a total of 163 approaches implemented around the world, and classify these interventions according to the 25 techniques of situational crime prevention (SCP), one of the most effective crime reduction measures frequently used to deal with a variety of crime problems. This chapter will analyse what types of techniques are most and least frequently used and why; note similarities and differences among these intervention strategies; as well as examine whether there is a distinct difference between developed and developing countries in their use of particular SCP measures to combat IUU fishing. This chapter will also present examples of particularly interesting initiatives, and propose new ways forward.

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The Emerald Handbook of Crime, Justice and Sustainable Development
Type: Book
ISBN: 978-1-78769-355-5

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Content available
Book part
Publication date: 10 December 2018

Seyed Mohammad Moghimi

Abstract

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Principles and Fundamentals of Islamic Management
Type: Book
ISBN: 978-1-78769-674-7

Book part
Publication date: 14 October 2022

Linda Mussell

Intergenerational confinement is an under-recognized, policy-driven issue which greatly impacts Indigenous and racialized peoples in countries with ongoing colonial legacies…

Abstract

Intergenerational confinement is an under-recognized, policy-driven issue which greatly impacts Indigenous and racialized peoples in countries with ongoing colonial legacies. Numerous policy solutions enacted over colonial history have exacerbated instead of mitigated this situation. This chapter advances an improved understanding of the impacts of carceral legacies, moving beyond the dominant focus of parental incarceration in the literature. Focusing on Indigenous peoples, multiple generations in families and communities have been subjected to changing methods of confinement and removal. Using critical policy analysis and interview research, this chapter interrogates these intergenerational impacts of carceral policy-making in Canada, Australia, and New Zealand. Drawing on qualitative interviews with 124 people in the three case countries, this chapter centers perspectives of people who have been intergenerationally confined in carceral institutions. With a goal of transformation, it then explores an alternative orientation to policy-making that seeks to acknowledge, account for, and address the harmful direct and indirect ripple-effects of carceral strategies over generations.

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The Justice System and the Family: Police, Courts, and Incarceration
Type: Book
ISBN: 978-1-80382-360-7

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