Search Results (52)

This study examines how the Norwegian Child Welfare Tribunal justifies regulating telephone and digital communication between children in public care and their parents. The regulation of such contact represents a distinct form of state interference in family life and must adhere to principles of necessity, proportionality, and respect for children’s rights. Using a thematic analysis of 34 Tribunal decisions involving 44 children, the study identifies four central themes: ensuring stability and emotional security, addressing parental behavior, balancing proportionality and necessity, and considering the child’s view. The Tribunal’s reasoning often reflects a cautious, preventive approach, prioritizing emotional stability. However, the lack of transparent assessments of necessity and inconsistent inclusion of children’s perspectives raises concerns about proportionality and children’s autonomy. Additionally, the limited involvement of children in these decisions risks making restrictions difficult to implement in practice, as children may not understand or agree with them and instead seek unregulated contact. The findings underline the need for clearer justifications and more consistent consideration of a child’s view to ensure that decisions align with their best interests and remain feasible in practice. Full article

Following a care order, children and parents are entitled to contact with each other in accordance with the conditions established by the Child Welfare Tribunals. How child welfare employees understand what contact visits can be and how they can be structured in line with the best interests of the child is crucial in their decision making. This article explores the different constructions of contact visits, in terms of how employees communicate their understanding of access arrangements. This article draws on recordings of child welfare employees discussing the structuring and extent of contact between parents and children in public care. The analysis explored the material in line with Luhmann’s communication theory and found that the dimensions in which the employees communicated produce the ways in which the contact visits are constructed. The ways in which the contact visits were constructed varied, and the factual dimension, temporal dimension, and social dimension were interdependent in the communication. This article demonstrates the impact of employees’ communication in assessing and constructing contact visits for the access arrangements for the individual child and encourages awareness of the factors that are emphasized. This article highlights the need for discussions grounded in social work perspectives to ensure individualized access arrangements. The article contributes to rethinking understandings of how to construct contact visits, while urging critical reflection on the power of child welfare employees in determining how contact visits should be structured. Full article

Exposure to violence is one of the most common adverse effects. In recent years, there has been a particular interest in understanding the link between exposure to violence and the perpetration of other forms of violence, such as child-to-parent violence, a complex family problem that severely affects the relationships between family members. Objective: We aimed to examine the mediating role of instrumental and reactive reasons in the relationship between exposure to violence and child-to-parent violence in different contexts. To fulfill this objective, it was necessary to analyze the evidence of validity and psychometric properties of the Violence Exposure Scale with Colombian adolescents. Methods: A total of 981 Colombian adolescents between aged 12 and 18 years participated. The participants responded to two psychometric scales: one on exposure to violence and the other on child-to-parent violence. Results: The Violence Exposure Scale presented an excellent psychometric model and evidence of adequate validity and reliability. Girls reported greater exposure to violence at home and boys reported greater exposure to violence at school and on the street. In general, older adolescents reported greater exposure to domestic violence. Instrumental and reactive reasons were significant predictors in the perpetuation of child-to-parent violence, with victimization in the home being the best predictor and reactive reasons the strongest mediating variables. Conclusions: Exposure to violence in the home is a key predictor; however, the co-occurrence of violence in other settings plays an important role in polyvictimization and predicting future violent behavior. Full article

Background: For infants, withholding or withdrawal of feeding is ethically permissible when the child is imminently dying or chronically and irreversibly comatose. It can also be appropriate in cases of medical futility with a low chance of survival. However, there is much contention in situations where the medical prognosis is uncertain. Case presentation: Annie is a 6-week-old neonate with antenatally acquired cystic encephalomalacia, a chronic non-progressive neurological condition. Her future neurological outcome is uncertain. She is putting on weight in the NICU with stable cardiorespiratory status on room air and tolerates full nasogastric tube feeding but requires frequent oropharyngeal suctioning. Her parents ask to stop tube feeding and allow Annie to die. They deem she has a poor quality of life and is experiencing tremendous suffering. Discussion: Parents’ perceptions of “best interest” and “physical suffering” are explored, alongside those of the healthcare team. Concomitant issues like feeding withdrawal and moral distress are examined in context—that of a newborn where developmental outcomes and disease trajectory are unclear. Conceptual frameworks, empirical evidence and consensus-based ethics guidelines informed a rich and multi-dimensional exposition of a difficult and value-laden decision. Conclusions: While instinctively legitimate, enteral feeding in an infant, in this case with severe neurological impairment, is ultimately still a medical intervention. In contrast to prevailing conventions within adult medicine, the careful and nuanced consideration of benefits and burdens from different stakeholders’ perspectives is critical before any deliberate withdrawal to allow natural death. Full article

The article examines the changes to Italian legislation on assisted reproductive technology (ART) resulting from rulings by Italian courts, highlighting unresolved ethical–legal issues and potential future regulatory approaches consistent with these decisions. Additionally, it addresses the amendment defining surrogacy as “universal crime”, effective as of 18 November 2024. Through an analysis of decisions by the Constitutional Court and the Court of Cassation, it emerges that Law No. 40/2004 has been deemed unconstitutional in relation to the following: heterologous fertilization, the number of embryos that can be created, cryopreservation, the implantation of only healthy embryos, and access to ART for fertile couples. Controversial aspects include the fate of surplus embryos, access to ART for single individuals, and the recognition of parenthood for same-sex couples. The “universal crime” classification of surrogacy raises the possibility of legal consequences for individuals engaging in surrogacy abroad, even where it is lawful. Courts are unlikely to legislate on the allocation of surplus embryos without parliamentary intervention or to allow single individuals access to ART, given the perceived inconsistency with the child’s best interests. However, case-by-case evaluations are essential for recognizing non-biological or non-genetic parents in same-sex relationships and for assessing the effectiveness of the universal crime approach in safeguarding rights and public health. Full article

Background: Dental trauma very commonly comprises lesions that affect the teeth and their supporting structures. In pediatric ages, the main reasons for dental trauma are falls and accidents at school and while practicing recreative activities and sports. Fortunately, dental avulsions are not common; however, they are key factors in the loss of teeth if the issue is not adequately treated in a quick way, so is very important for parents, teachers, or any person that is present with a child during the accident to have knowledge about dental trauma, specifically regarding avulsed teeth, since the best treatment is reimplantation. Methods: In this case of dentoalveolar trauma, concerning two avulsed teeth, it was very interesting that the tooth that was reimplanted more quickly (40 min) had a worse prognosis than the tooth that was reimplanted 2 h later, since the tooth that was reimplanted more quickly was transported in a personal wallet, which was a highly contaminated area, unlike the tooth that was reimplanted later, which was transported in a solution as an alternative means of transport. Conclusions: So, it is very important that this type of trauma is adequately managed in an interdisciplinary way across multiple dentistry specialties. Full article

In 1978, the United States enacted the Indian Child Welfare Act (ICWA) “to protect the best interest of Indian Children and to promote the stability and security of Indian tribes and families by the establishment of minimum Federal standards for the removal of Indian children and placement of such children in homes which will reflect the unique values of Indian culture.” The ICWA was codified to address centuries of genocidal government policies, boarding schools, and coercive adoptions that ruptured many Native families. Now one of the strongest pieces of legislation to protect Native communities, the ICWA was designed to ensure that Native foster children are placed with Native families. Implementing the ICWA has not been smooth, however, as many non-Native foster parents and state governments have challenged the ICWA. While the ICWA has survived these legal challenges, including the recent 2023 Haaland v. Brackeen Supreme Court case, the rise of non-Natives claiming Native heritage, also known as self-indigenizers or “pretendians,” represents a new threat to the ICWA. This Article presents a legal history and analysis of the ICWA to unpack the policy implications of pretendians in the U.S. legal context. This Article demonstrates how the rise of pretendians threatens to undermine the very purpose of the ICWA and thereby threaten the sovereignty of Native peoples. By legally sanctioning the adoption of Native children into non-Native pretendian homes, the ICWA can facilitate a new era of settlers raising Native children, rather than preventing this phenomenon as intended. In response, this Article offers concrete policy recommendations to bolster the ICWA against this threat. Full article

Public health nurses (PHNs) constitute an important source of nutritional knowledge for parents during the child’s first 1000 days of life, but parents also seek advice from various online sources. Access to timely digital interventions may facilitate healthful eating habits later in life. In the Nutrition Now project, we wanted to combine previously evaluated digital interventions on early nutrition and implement the integrated intervention at municipality level. We prospectively explored PHNs’ thoughts, needs and expectations regarding the development and usability of such a digital resource. Semi-structured interviews were conducted with six PHNs, and data was subjected to thematic analysis. Four main themes were identified: (1) an online resource on nutrition may be a useful tool; (2) the content should attract interest and be broad in scope; (3) it must be easy to apply and adapted to different users; and (4) participating in a development process should seem meaningful. Our findings highlight the need for easily accessible, quality-assured online information to underpin the guidance provided by PHNs. The study further sheds light on prerequisites considered by PHNs to be crucial for parents to engage in a digital resource, as well as their perspectives on how it best may be communicated and used. Full article

Medical professionals usually reject critiques of deferrable treatments that alter the sex characteristics of infants and children without personal informed consent on the grounds that intersex adults’ experiences reflect ‘obsolete’ practice. However, past practice is also protected from criticism by claiming ‘good intentions’, a commitment to the child’s best interest and context-dictated constraints on medical practice. I first examine foundational literature of the Optimal Gender Policy to verify the presence of statements of interests or motives, I then collect affect displays to identify motives, and I observe attitudes to clitoridectomy. Affect displays point to motives that are relevant in interpretive sociology, as they allow access to cultural or institutional dispositions when justification talk has not been provided. While a statement of interest is absent from the foundational literature, I identify the following affect displays: (1) unease and disgust; (2) attachment to heteronormativity, as well as three kinds of gratification or pleasure rewards; (3) power pleasure; (4) surgical pleasure; (5) and cosmetic pleasure. As surgical action appeases some of these affects and nourish others, previous medical professionals had interests that were their own and not centred on the children. Examination of attitudes to clitoridectomy reveals that clinicians were aware of the (phallo)clitoris’ importance to sexual pleasure but dismissed it, further invalidating claims that past practice was based on children’s best interest. Full article

The ILA Study Group began its work by identifying guiding principles that should frame and inform state practices with respect to children in migration. These principles included, but were not limited to, non-discrimination; the best interests of the child; the right to life, survival, and development; the right of the child to express their views on all matters affecting them; and the right to an effective remedy. The Study Group identified some of the most common rights violations for children in migration such as arbitrary age assessment practices; inadequate and age-inappropriate reception policies and facilities; and immigration detention of children and other coercive practices. The Study Group undertook a multidisciplinary approach by summarizing the research documenting the harmful effects of these practices on child health and well-being. It surveyed (1) treaties and international instruments that might recognize a right or remedy for children on the move; (2) regional and international fora where the claims of children could be heard; and (3) the growing body of regional and international jurisprudence upholding the rights of children in migration. Finally, it identified gaps in the international and regional frameworks and formulated recommendations as to how to ensure children in migration are able to enforce their rights and access justice. Full article

When a mother commits an international child abduction, even if she is fleeing domestic violence perpetrated by the left-behind father, she is bound to face complicated return proceedings under the 1980 Hague Child Abduction Convention. Such mothers are particularly vulnerable; apart from the costly, cross-border proceedings they face, if the court issues a return order, they risk returning to the abusive setting they fled from. This article explores avenues for safeguarding the protection of abducting mothers in return proceedings. The authors provide a range of potential avenues for improving the standing of the abducting mother fleeing domestic violence, including judicial and legislative interventions. The article delves deeper by considering the interplay between international child abduction law and international refugee law in cases involving domestic violence allegations. Particular emphasis is given to Article 20 and the growing instances of mothers defending return orders on asylum grounds pursuant to Article 20 and the flowing human rights implications. The authors point out a niche area for further research: the interplay between domestic violence and asylum claims. Full article

The paper addresses the interplay between the 1980 Child Abduction Convention and the Regulation (EU) 2019/1111, briefly presenting the main novelties contained in Chapter III of the Regulation devoted to international child abduction, and then focusing on the provisions concerning the peculiar regime of recognition and enforcement of decisions on this subject matter. Final considerations are drawn with a view to determining whether the Regulation is able to streamline the most critical issues arising from the practical application of the predecessor Regulation (EC) No 2201/2003 and, more broadly, to cope with evolving and challenging cases of child abduction. Full article

This chapter evaluates how South Africa approaches and applies certain aspects of the Hague Convention on the Civil Aspects of International Child Abduction, the challenges it faces, and how it submits proposals to improve its application. The SA courts are the upper guardians of children in terms of the common law and uphold the best interests of the child as a paramount principle. The Chief Family Advocate (“FA”) has been appointed as the Central Authority (“CA”) and falls under the Department of Justice and Correctional Services. The Chief Liaison Judge is based in the Appeal Court and has appointed Liaison Judges in the Provincial Divisions. How SA approaches international child abduction, and applies the HC, is explored. SA has a rich jurisprudence around the practical application of the HC. The procedure in these matters; the general rules and exceptions; the voice, representation and participation of the child; and the approach to children’s best interests and measures to protect their interests are evaluated. SA’s approach in regard to HC matters could be improved. How the challenges of an independent best-interests factor, outcomes veering away from the return principles, the FA’s compromised role as the CA, and the delays in outcomes prejudice the HC’s philosophy and the application thereof are considered. Recommendations are made for the acceleration of proceedings, more certainty in the consideration of Article 13 defences incorporating protective measures in return orders, further clarity from courts or the implementation of practice directives in these matters, the use of mediation, and further guidelines/directives to be provided. Given the importance of the HC in international child abduction matters, hopefully the aims and purposes of the HC can be fully realised in SA’s future. Full article

The increasing interest in early childhood mathematics education for decades has increased the need for empirically supported pedagogical strategies. However, there is little agreement on how early math might best be taught. We draw from the empirical literature to paint a picture of research-based and research-validated pedagogical approaches and strategies for teaching early math. Most approaches share core characteristics, including concern for children’s interests and engagement and for working on content matched to children’s level of thinking. Learning trajectories are an especially useful organizing structure because they combine and integrate educational goals, development of children’s thinking, and empirically supported pedagogical strategies. Therefore, they help teachers interpret what the child is doing, thinking, and constructing, and offer instructional activities that extend children’s mathematical thinking. Simultaneously, teachers can see instructional strategies from the child’s perspective, offering meaningful and joyful opportunities to engage in learning. Full article

A recent trend can be seen in jurisprudence concerning the Hague Convention on the Civil Aspects of International Child Abduction, at least in the Australasia/Pacific region. Courts are now more mindful of the abducted child in particular and will investigate the true impacts of returning the child to determine what is in their best interests, particularly in cases of domestic violence. This is a departure from the long-standing emphasis on returning abducted children promptly to their country of habitual residence, after which the courts of that country will make the final decision, because it is generally in the best interests of children to deter child abduction. This article compares various jurisdictions’ approaches with the lens of whether the courts are preferring the particular child over the ‘theoretical’ child. Full article