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1 – 10 of over 11000The purpose of this paper is to highlight the situation on the unaccompanied foreign minors in the Italian legal system, paying special attention to the Lampedusa humanitarian…
Abstract
Purpose
The purpose of this paper is to highlight the situation on the unaccompanied foreign minors in the Italian legal system, paying special attention to the Lampedusa humanitarian emergency in 2011.
Design/methodology/approach
The legal treatment of these subjects is on the borderline between two distinct sets of laws: those for minors, based on principles of protection and support; and those for immigrants based on public security and therefore inspired by principles of control and defense. For this reason the question of the legal treatment of unaccompanied foreign minors is a decidedly complex matter because it requires the assumption of a clear responsibility on the part of the host State that, in accordance with international conventions, must provide for the welfare of a child by ensuring a healthy development and securing their fundamental rights.
Findings
The paper examines the legal measures regulating the status of unaccompanied foreign minors in the Italian legal system, in order to understand if they are efficient in giving protection and offering integration to these minors.
Originality/value
The paper offers insights into the most vulnerable category of illegal immigrants.
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The purpose of this article is to present the preliminary results of a research project which aspires to identify requirements for risk‐reducing regulatory strategies aspiring to…
Abstract
Purpose
The purpose of this article is to present the preliminary results of a research project which aspires to identify requirements for risk‐reducing regulatory strategies aspiring to protect children and young people in social networks. It aims to provide an insight into the changing role of law in today's networked society and the innovative regulatory solutions that will be able to deal with the paradigm shift from mass media and passive, vulnerable consumers to media for mass self‐communication and active “prosumers”.
Design/methodology/approach
First, the legal impact of social networking sites (SNS) risks for children and young people that have been identified in social science research is assessed, as well as the applicability of existing legal instruments. Second, legal trends in this field and a number of recent (alternative) regulatory initiatives and their implementation are discussed. In a final part, the use of such alternative regulatory instruments and their compliance with the broader legal (human rights) framework are analysed. To conclude, a number of elements for risk‐reducing regulatory strategies for the protection of minors in online social networks are identified.
Findings
The first research results point towards the importance of multi‐stakeholder involvement, proportionality of measures, procedural guarantees (such as transparency) and the careful combination of regulatory strategies targeted at illegal as well as harmful conduct and content risks for a balanced protection of minors in social networks.
Originality/value
Although social networks are very popular among young users, the risks that are associated with these networks are not at all or not appropriately addressed by existing legal or regulatory instruments. This article aims to contribute to developing innovative regulatory instruments which are effectively addressing these risks.
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Marcel Machill, Christoph Neuberger and Friedemann Schindler
Search engines exist to help sort through all the information available on the Internet, but have thus fair failed to shoulder any responsibility for the content which appears on…
Abstract
Search engines exist to help sort through all the information available on the Internet, but have thus fair failed to shoulder any responsibility for the content which appears on the pages they present in their indexes. Search engines lack any transparency to clarify how results were found, and how they are connected to the search terms. Thus, problems arise in connection with the protection of minors – namely, that minors have access, intentional or unwitting, to content which may be harmful to them. The findings of this study point to the need for a better framework for the protection of children. This framework should include codes of conduct for search engines, more accurate labeling of Web site data, and the outlawing of search engine manipulation. This study is intended as a first step in making the public aware of the problem of protecting children on the Internet.
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Maria Luisa Cassandro and Felix Hofer
Outlines the legislation in Italy covering advertising to children, who are regarded as the most vulnerable among consumers. Relates Italy’s legislative policy to its membership of…
Abstract
Outlines the legislation in Italy covering advertising to children, who are regarded as the most vulnerable among consumers. Relates Italy’s legislative policy to its membership of the European Union and therefore to Community law. Describes the self‐regulation regime as administered by the Institute for Advertising Self‐Regulation, and the general principles of child protection with regard to safety, children’s lack of experience, and the natural feelings of adults to adolescents and children. Moves on to specific areas such as cigarettes, alcohol, pharmaceuticals, toys, electronic media, radio and TV, and the Internet; children under 14 must not be used in TV commercials or promotions.
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Purpose: This chapter analyzes the policies of immigration control implemented in Mexico in 2014 to deter the migration of Central Americans to the United States, and their impact…
Abstract
Purpose: This chapter analyzes the policies of immigration control implemented in Mexico in 2014 to deter the migration of Central Americans to the United States, and their impact on Central American youth migrants.
Methods: This chapter draws from three pools of data: (1) participant observation and interviews conducted with minor migrants in Mexico from 2015 to 2019; (2) Mexican and US government data on detentions and deportations of Central American minor migrants; and (3) publicly available information on Mexican and Guatemalan government programs and media campaigns targeted at addressing the migration of Central American minor migrants.
Findings: This chapter posits that the policies of migrant detention and deportation implemented in Mexico in 2014 turned the entire country into a borderland for Central Americans. These policies expanded the areas of migrant surveillance, detention, and deportation beyond Mexico’s traditional border regions, which, in turn, made youth migrants’ journeys through Mexico more precarious and prone to violence.
Research implications: This chapter examines the impact of immigration and border control policies implemented in Mexico and anti-immigration propaganda on Central American youth, and it demonstrates how Mexico has been converted into an expanded US border territory in an attempt to prevent migrants from reaching the United States’ physical borderland.
Value: This chapter analyzes the impact of US-led detention and deportation policies aimed at Central American migrants throughout Mexico, rather than just in the traditional border regions. These relatively novel policies are at the forefront of immigration control and warrant special attention.
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The Edmund Edelman Children’s Court is a juvenile dependency courthouse in Los Angeles designed with bright murals, open play spaces, and modified courtrooms to be…
Abstract
The Edmund Edelman Children’s Court is a juvenile dependency courthouse in Los Angeles designed with bright murals, open play spaces, and modified courtrooms to be “child-sensitive” and “family-friendly.” Through a recounting of the political and cultural forces at play building up to its construction, I argue that the decisions to build a “child-sensitive” court confirm the carceral containment of the culpable black adult. This article represents an inquiry into the cultural logic of the court’s construction, revealing the relationship between raced constructions of innocence and guilt. This study draws from five months of fieldwork conducted in the Edelman Children’s Court.
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Daniel Hedlund and Ann-Christin Cederborg
– The purpose of this paper is to explore how individual legislators perceive unaccompanied minors seeking asylum, their life situation, needs and best interests.
Abstract
Purpose
The purpose of this paper is to explore how individual legislators perceive unaccompanied minors seeking asylum, their life situation, needs and best interests.
Design/methodology/approach
The total number of participants were 15. Thematic analysis (Braun and Clarke, 2006) was used in order to identify and analyze patterns in the interview data. The authors focused on their responses to the questions about the best interest of the child in migration policy and practice, and how this principle was related to unaccompanied children seeking asylum.
Findings
The main finding is that chronological age becomes a key sign for how legislators understand the life situation, needs and best interests of unaccompanied children. Also, the findings from this study suggest that the moralizing welfare ideology of the past is still present in political discourse and social planning, construing unaccompanied minors as an ambivalent category between civilization and savagery. The findings from this study indicate that legislators enact reforms of importance for unaccompanied children without considering them as agents of their own future, with their own motives and reasons to seek asylum.
Practical implications
The findings from this study indicate a need to adapt the understanding of the existing Aliens Act (SFS 2005:716) to the knowledge that unaccompanied minors need to be assessed on their own terms.
Originality/value
This study contributes to increasing the understanding about how the subjective values of legislators may have influenced migration reform in Sweden that can be valuable to both legal and social research, as well as policy planners.
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Rachel Kappler and Arduizur Carli Richie-Zavaleta
Human trafficking (HT) is a local, national and international problem with a range of human rights, public health and policy implications. Victims of HT face atrocious abuses that…
Abstract
Purpose
Human trafficking (HT) is a local, national and international problem with a range of human rights, public health and policy implications. Victims of HT face atrocious abuses that negatively impact their health outcomes. When a state lacks protective laws, such as Safe Harbor laws, victims of HT tend to be seen as criminals. This paper aims to highlight the legal present gaps within Missouri’s anti-trafficking legislation and delineates recommendations for the legal protection of victims of HT and betterment of services needed for their reintegration and healing.
Design/methodology/approach
This case-study is based on a policy analysis of current Missouri’s HT laws. This analysis was conducted through examining current rankings systems created by nationally and internationally recognized non-governmental organizations as well as governmental reports. Additionally, other state’s best practice and law passage of Safe Harbor legislations were examined. The recommendations were based on human rights and public health frameworks.
Findings
Missouri is a state that has yet to upgrade its laws lately to reflect Safe Harbor laws. Constant upgrades and evaluations of current efforts are necessary to protect and address HT at the state and local levels. Public health and human rights principles can assist in the upgrading of current laws as well as other states’ best-practice and integration of protective legislation and diversion programs to both youth and adult victims of HT.
Research limitations/implications
Laws are continually being updated at the state level; therefore, there might be some upgrades that have taken place after the analysis of this case study was conducted. Also, the findings and recommendations of this case study are limited to countries that are similar to the USA in terms of the state-level autonomy to pass laws independently from federal law.
Practical implications
If Safe Harbor laws are well designed, they have greater potential to protect, support and assist victims of HT in their process from victimization into survivorship as well as to paving the way for societal reintegration. The creation and enforcement of Safe Harbor laws is a way to ensure the decriminalization process. Additionally, this legal protection also ensures that the universal human rights of victims are protected. Consequently, these legal processes and updates could assist in creating healthier communities in the long run in the USA and around the world.
Social implications
From a public health and human rights perspectives, communities in the USA and around the world cannot provide complete protection to victims of HT until their anti-trafficking laws reflect Safe Harbor laws.
Originality/value
This case study, to the best of the authors’ knowledge, is a unique analysis that dismantles the discrepancies of Missouri’s current HT laws. This work is valuable to those who create policies at the state level and advocate for the protection of victims and anti-trafficking efforts.
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Monica Recalde and Elena Gutiérrez-García
This study aims to center on understanding how stakeholder engagement processes improve online child protection in telecom companies. The literature review and findings shed light…
Abstract
Purpose
This study aims to center on understanding how stakeholder engagement processes improve online child protection in telecom companies. The literature review and findings shed light on the management of networks to identify, prevent and mitigate the adverse impacts of information and communication technologies (ICTs)[1] and to find opportunities in terms of new policies and services development.
Design/methodology/approach
Three multinational telecom companies were analyzed with a qualitative focus combining three research tools: the analysis of 81 corporate reports, self-administered questionnaires and semi-structured interviews.
Findings
Firms establish a collaborative network with a large number of stakeholders such as public authorities, non-governmental organizations, educational institutions, representatives of families and expert researchers. The outcomes of these networks range from the development of new products and services (filters, child safety software and protection apps) to the co-creation of new corporate policies with a high social impact (self-regulation, sectorial codes, awareness initiatives and reporting).
Practical implications
This study outlines guidelines for the industry in identifying, engaging and making decisions in a collaborative way when managers have to engage with multiple stakeholders regarding child protection. The academic debate and the empirical findings have many practical implications for ICT companies whose users are children and teenagers.
Originality/value
Despite its significance, stakeholder management is underexplored in the literature of protection for young people. The academic field and the professional arena appear to have little to say regarding how executives manage engagement processes.
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