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Impact on child justice in a world of digital courts: Perspectives from the bench 数字法庭对儿童司法的影响:法官的视角
Q3 Arts and Humanities Pub Date : 2023-09-16 DOI: 10.17356/ieejsp.v9i2.1143
Cédric Foussard, Angela Vigil, Mariana Pérez Cruz
The Covid-19 pandemic brought so much tragedy across the world, but as with so much necessity also became the mother of invention. The notion of a virtual trial or other court proceedings came to life during the pandemic to help courts continue to function. In this context, virtual court proceedings and trials became the norm. And, as the world grapples with emerging from this health crisis different courts are taking different paths. In order to guarantee the child’s right to justice during the pandemic and as it waned, some jurisdictions have opted to continue holding hearings in-person, while maintaining physical protection from viruses; others have decided to digitise court proceedings using technological tools. To explore this development, volunteer attorneys from Baker McKenzie and the legal department of Google came together to assist the Global Initiative on Justice With Children, by interviewing judiciary professionals around the world. Using a single questioning tool, volunteers conducted interviews with individual judges to understand their perspectives on the use of digital hearings and the effect of their use on justice for children. We opted for the term ‘digital justice’ to describe this use of virtual technology to conduct hearings and trials in youth justice proceedings rather than conducting them in-person. This paper aims to highlight how digital justice had a significant impact on justice systems for children and youth during the pandemic, determine whether digital justice could or should become a new normal in children’s justice systems, and identify what should be the protective measures for children in a modified justice system. This paper analyses the advantages and disadvantages of virtual hearings and the impact of them on children’s ability to effectively participate in and adequately understand the judicial processes and the seriousness of the justice outcomes. It also discusses the different jurisdictions’ approaches to requiring the presence of the child’s lawyer during the proceedings and the obstacles to children’s access to legal aid in a digital context. The interviews conducted by volunteers highlighted difficulties in ensuring a safe space for children and young people’s data and privacy, difficulties in communicating with counsel and receiving useful advice from lawyers and other participants in the proceedings, and difficulties for children to feel that they can speak up in their own proceedings.
2019冠状病毒病大流行给世界各地带来了如此多的悲剧,但也成为了发明之母。虚拟审判或其他法庭诉讼程序的概念在大流行期间应运而生,以帮助法院继续发挥作用。在这方面,虚拟法庭诉讼和审判成为常态。而且,随着世界努力摆脱这场卫生危机,不同的法院正在采取不同的途径。为了保障儿童在大流行病期间和疫情减弱期间的司法权利,一些司法管辖区选择继续举行面对面听证会,同时保持对病毒的人身保护;其他人则决定使用技术工具将法庭程序数字化。为了探索这一发展,来自贝克·麦坚时律师事务所和谷歌法律部的志愿律师通过采访世界各地的司法专业人士,共同协助“儿童司法全球倡议”。志愿者使用单一的提问工具与个别法官进行了访谈,以了解他们对使用数字听证会的看法以及使用数字听证会对儿童司法的影响。我们选择“数字司法”一词来描述在青少年司法程序中使用虚拟技术进行听证会和审判,而不是亲自进行听证会和审判。本文旨在强调大流行期间数字司法如何对儿童和青年司法系统产生重大影响,确定数字司法是否能够或应该成为儿童司法系统的新常态,并确定在修改后的司法系统中应该采取哪些儿童保护措施。本文分析了虚拟听证的利弊,以及虚拟听证对儿童有效参与和充分理解司法过程和司法结果严重性的影响。本报告还讨论了不同司法管辖区在诉讼过程中要求儿童律师在场的做法,以及儿童在数字环境中获得法律援助的障碍。志愿者的访谈强调了在确保儿童和青少年的数据和隐私有安全空间方面的困难,在与律师沟通和从律师和其他诉讼参与者那里获得有用意见方面的困难,以及儿童在自己的诉讼中感到他们可以发表意见的困难。
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引用次数: 0
Personality, social distance and conflicts: Personality functioning, empathy and socioeconomic factors predicting social distancing and conflicts with minorities 人格、社会距离和冲突:人格功能、共情和社会经济因素预测社会距离和与少数群体的冲突
Q3 Arts and Humanities Pub Date : 2023-09-16 DOI: 10.17356/ieejsp.v9i2.1053
Marek Preiss, Radek Heissler, Nikola Doubková, Edel Sanders, Juraj Jonáš
Objective. Although previous studies pointed to various aspects of social distance and conflicts with representatives of otherness, associations with objectively measured aspects of personality in the form of a semi-structure interview combined with observation are less common. Based on previous studies, this study focused on the relationship between social distance and conflicts with representatives of otherness. It was hypothesized that the lower the personality functioning, the higher will be social distance and more conflicts with representatives of otherness will be reported. We assumed that impaired empathy would be associated with higher social distance in comparison with other variables of personality functioning derived from Alternative Model for Personality Disorders (AMPD) – identity, self-direction and intimacy. Sample and methods. Participants (N = 204) were recruited from several contrast groups including clinical and measures focused on conflicts, personality functioning (STiP-5.1), social distance (Bogardus Social Distance Scale). Additionally, several related methods were used. Results. Increased impairments in identity, self-direction, empathy, and intimacy were associated with a higher degree of subjective importance of conflicts with representatives of otherness. Greater social distance was associated with impairments in self-direction and empathy. However, social distance was found independent of subjectively experienced conflicts. Multivariate linear regressions showed that social distance was predicted by education, racism, and personality functioning (STiP-5.1 – Self-direction), BR and SR scores, explaining 58 per cent of the variance. Conclusions. The subjective importance of conflicts and social distance to representatives of otherness is associated with AMPD.
目标。虽然以前的研究指出了社会距离和与他者代表的冲突的各个方面,但以半结构访谈结合观察的形式与客观测量的个性方面的联系并不常见。在前人研究的基础上,本研究主要关注社会距离与他人代表冲突的关系。假设人格功能越低,社会距离越高,与他者代表的冲突越多。与来自人格障碍替代模型(AMPD)的其他人格功能变量——身份、自我导向和亲密关系——相比,我们假设移情受损与较高的社会距离有关。样本和方法。参与者(N = 204)从几个对照组招募,包括临床和以冲突为重点的测量,人格功能(STiP-5.1),社会距离(Bogardus社会距离量表)。此外,还使用了几种相关的方法。结果。在身份、自我导向、同理心和亲密关系方面的损害增加,与与他者代表的冲突的主观重要性程度增加有关。社交距离越远,自我引导能力和同理心就越差。然而,社会距离与主观经历的冲突无关。多元线性回归表明,社会距离由教育、种族、人格功能(STiP-5.1 -自我导向)、BR和SR分数预测,解释了58%的方差。结论。冲突和社会距离对他者代表的主观重要性与AMPD有关。
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引用次数: 0
Brans, M. & Timmermans, A. (Eds.) (2022). The Advisory Roles of Political Scientists in Europe: Comparing Engagements in Policy Advisory Systems. Palgrave Macmillan 布朗斯先生。Timmermans, A.(编辑)(2022)。欧洲政治科学家的咨询角色:比较政策咨询系统的参与。帕尔格雷夫麦克米伦
Q3 Arts and Humanities Pub Date : 2023-09-16 DOI: 10.17356/ieejsp.v9i2.1219
Nándor Petrovics
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引用次数: 0
Locating the role of civil society in anti-corruption: A qualitative comparative analysis of 30 democracies 公民社会在反腐败中的作用定位:对30个民主国家的定性比较分析
Q3 Arts and Humanities Pub Date : 2023-09-16 DOI: 10.17356/ieejsp.v9i2.937
Prince Aian Villanueva
The paper explores the configuration of corruption in democracies and simultaneously looks at whether civil society figures in this configuration. It does so via a fuzzy-set Qualitative Comparative Analysis of 30 democracies in the third wave of autocratization. Results of the analysis suggest that the presence of high perceived corruption is accounted for by the absence of a robust civil society combined with the absence of wide and independent public deliberation and the presence of high political exclusion. On the other hand, the absence of high perceived corruption is explained by the presence of wide and independent public deliberation combined with the absence of high political exclusion. It is particularly in the latter case that civil society’s role, whether in its presence or absence, is elusive. The paper contributes to the discussion on the contextual dependencies of corruption and the conditionality of civil society’s anti-corruption role. Prospects for future research on the conditional and possibly indirect anti-corruption role of civil society in democracies are put forward.
本文探讨了民主国家腐败的结构,同时也考察了公民社会是否在这种结构中发挥作用。本文通过对第三次独裁浪潮中的30个民主国家进行模糊集定性比较分析。分析结果表明,存在高度腐败的原因是缺乏健全的公民社会,缺乏广泛和独立的公众审议,以及存在高度的政治排斥。另一方面,没有高度感知的腐败可以通过广泛和独立的公众审议的存在以及没有高度的政治排斥来解释。特别是在后一种情况下,民间社会的作用,无论是否存在,都是难以捉摸的。本文有助于讨论腐败的背景依赖性和公民社会反腐败作用的条件性。最后,对公民社会在民主国家中有条件的、可能是间接的反腐败作用的未来研究进行了展望。
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引用次数: 0
How green are children’s rights institutions in the Visegrád countries? Visegrád国家的儿童权利机构有多环保?
Q3 Arts and Humanities Pub Date : 2023-09-16 DOI: 10.17356/ieejsp.v9i2.1138
Ágnes Lux
Environmental damages have already been clearly linked to human rights- and particularly children’s rights violations as climate change particularly affects the present (and future) generation of children, undermining the effective exercise of rights enshrined in the UN Convention on the Rights of the Child (UN CRC), including the right to life, survival, and development, health, an adequate standard of living, education, and freedom from violence. With the almost universal ratification of the UN CRC, states have committed to the obligation to enforce children’s rights at all levels of society. In the possible best implementation of the UN CRC, independent human/children’s rights institutions (IH/CRIs) can play a vital role. However, many ICRIs still do not confront issues associated with environmental and climate change related to children’s rights. My main question was why these institutions are not (or are only barely) addressing these issues. In this paper, I focus on mapping the implementation of children's right to a healthy environment by analyzing the ICRIs in the Visegrád countries: Poland, Hungary, Czech Republic, and Slovakia through descriptive and comparative techniques and a survey sent to dedicated institutions.
环境破坏已经明确地与人权联系在一起,特别是与侵犯儿童权利联系在一起,因为气候变化特别影响到这一代(和未来一代)儿童,破坏了《联合国儿童权利公约》所规定的权利的有效行使,包括生命权、生存权和发展权、健康权、适足生活水准权、受教育权和免受暴力侵害的权利。随着《联合国儿童权利公约》几乎得到普遍批准,各国已承诺有义务在社会各阶层落实儿童权利。为使《联合国儿童权利公约》得到最佳执行,独立的人权/儿童权利机构(IH/CRIs)可以发挥至关重要的作用。然而,许多儿童权利综合机构仍然没有面对与儿童权利有关的环境和气候变化问题。我的主要问题是,为什么这些机构没有(或者只是勉强)解决这些问题。在本文中,我通过描述和比较技术以及向专门机构发送的一项调查,重点分析了Visegrád国家(波兰、匈牙利、捷克共和国和斯洛伐克)的儿童健康环境权的落实情况。
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引用次数: 0
New questions about children’s rights 关于儿童权利的新问题
Q3 Arts and Humanities Pub Date : 2023-09-16 DOI: 10.17356/ieejsp.v9i2.1243
Ágnes Lux, Rita Richter Nunes
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引用次数: 0
Surviving their journey: A trauma-informed approach to migrant children’s experiences of violence on the Western Balkan route 《在旅途中幸存:了解移民儿童在西巴尔干路线上遭遇暴力的创伤》
Q3 Arts and Humanities Pub Date : 2023-09-16 DOI: 10.17356/ieejsp.v9i2.1116
Anita Burgund Isakov, Nevenka Zegarac, Violeta Markovic
Year after year, millions of children cross international borders for many different reasons. In order to support the further strengthening of the system of protection in Serbia and Bosnia and Herzegovina (BiH) in terms of responsiveness to new vulnerabilities arising from the context of migration, in-depth interviews were undertaken in 2021 with a sample of 48 youths (N=38 boys and N=10 girls), both unaccompanied and traveling with families, currently residing in camps in BiH, about their experience of violence and its impacts on their wellbeing using a trauma-informed and children’s-rights approach. All children experienced a range of traumatic experiences on the journey, including severe violence. Even though the concept of emotional violence is unclear to them, most children plainly describe traumatic experiences, while their tendency to normalize violence is noticeable. Many of them showed symptoms of trauma responses or identified them in their siblings, younger children, and peers. Nevertheless, many children have developed various help-seeking, help-using, and self-help strategies, including joining other adults or peers, mutual help and support, the analysis of risk situations, elaboration of exit strategies, self-efficiency assessment, and a range of self-regulation and resilience-building techniques, in addition to avoidance, denial, and self-harm. Research findings point to the diversity of children’s responses to violence and prolonged traumatic events. They also raise a lot of questions regarding the impact on children’s current and future development and well-being and the availability of trauma-informed responses and care. The results contribute to the scarce resources concerning the scientific understanding of children’s experiences of violence and the understanding of traumatic experiences among migrant and refugee children.
年复一年,数以百万计的儿童因各种不同的原因跨越国际边界。为了支持进一步加强塞尔维亚和波斯尼亚和黑塞哥维那(波黑)的保护体系,以应对移民背景下产生的新脆弱性,2021年对目前居住在波黑难民营的48名青年(38名男孩和10名女孩)进行了深入访谈,他们都是无人陪伴或与家人一起旅行的。关于他们的暴力经历及其对他们福祉的影响,使用创伤知情和儿童权利的方法。所有儿童在旅途中都经历了一系列创伤经历,包括严重的暴力。尽管他们不清楚情绪暴力的概念,但大多数孩子清楚地描述了创伤经历,而他们将暴力正常化的倾向是显而易见的。他们中的许多人表现出创伤反应的症状,或者在他们的兄弟姐妹、年幼的孩子和同龄人中发现了这些症状。然而,许多儿童已经发展出各种寻求帮助、使用帮助和自助策略,包括加入其他成年人或同伴、相互帮助和支持、分析风险情况、阐述退出策略、自我效率评估和一系列自我调节和恢复能力建设技术,以及回避、否认和自我伤害。研究结果指出,儿童对暴力和长期创伤事件的反应各不相同。他们也提出了许多关于对儿童当前和未来发展和福祉的影响以及创伤知情反应和护理的可用性的问题。这些结果有助于对儿童暴力经历的科学理解以及对移民和难民儿童创伤经历的理解方面的稀缺资源。
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引用次数: 0
Children’s rights in Bulgaria between theory and practice: The case of the deinstitutionalization reform 保加利亚儿童权利的理论与实践:以去机构化改革为例
Q3 Arts and Humanities Pub Date : 2023-09-16 DOI: 10.17356/ieejsp.v9i2.1126
Gergana Nenova, Radostina Antonova
Like many post-socialist states, following the transition to democracy, Bulgaria had to close the large institutions for children in which orphans, children with disabilities and other types of children were being raised. The so-called deinstitutionalization reform has been an important part of introducing children’s rights legislation in contemporary Bulgaria. However, it is still unclear how the consequences of the reform relate to the normative framework of child’s rights. To address this problem, we present the results of a study conducted in 2020/2021 that explores the implementation of the reform through the approach of action research. We analyse interviews with children, social workers and public officials conducted in two big cities in Bulgaria. We outline the ways and extent to which children’s rights are integrated into the professional practice of social workers and in the lives of children that are part of the reform, as well as the reasons for their violation. We conclude that there are significant contradictions between the ‘theoretical framework’ of children’s rights and their implementation in relation to the deinstitutionalization reform. The former may be seen as ‘unintended consequences’ of the reform resulting from Bulgarian society’s socio-cultural specificities.
象许多后社会主义国家一样,在向民主过渡之后,保加利亚不得不关闭那些养育孤儿、残疾儿童和其他类型儿童的大型儿童机构。所谓的去机构化改革是在当代保加利亚推行儿童权利立法的一个重要组成部分。然而,尚不清楚改革的后果如何与儿童权利的规范框架有关。为了解决这个问题,我们提出了2020/2021年进行的一项研究的结果,该研究通过行动研究的方法探讨了改革的实施情况。我们分析了在保加利亚两个大城市对儿童、社会工作者和政府官员进行的采访。我们概述了将儿童权利纳入社会工作者的专业实践和作为改革一部分的儿童生活的方式和程度,以及侵犯儿童权利的原因。我们得出结论,儿童权利的“理论框架”与其在去机构化改革中的实施之间存在重大矛盾。前者可能被视为保加利亚社会的社会文化特殊性所导致的改革的“意外后果”。
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引用次数: 0
Creative and participatory methods for bolstering violence prevention in schools in South East Europe through shifting social and gender norms 通过改变社会和性别规范,以创造性和参与性的方法加强东南欧学校的暴力预防
Q3 Arts and Humanities Pub Date : 2023-09-16 DOI: 10.17356/ieejsp.v9i2.1117
Kathleen Manion, Laura H. V. Wright, Vanessa Currie, Laura Lee
Children have the right to be free from violence in schools, yet violence in schools persists. The social and gender norms, or unwritten rules of behavior that drive our collective beliefs, attitudes, and perspectives, perpetuate both positive and harmful behavior related to violence. However, social norms are malleable. To explore this further, the Regional‌ ‌Research‌ ‌on‌ ‌Violence‌ ‌Against‌ ‌Children‌ ‌in‌ ‌Schools‌ ‌in‌ ‌South‌ ‌East‌ ‌Europe project, supported by Terre des hommes and the Child Protection Hub and led by the International Institute on Child Rights and Development (IICRD) sought to work with young people and their supporters in eight South and East European countries from 2019–2021 to unpack how social and gender norms impact school related gender-based violence (SRGBV) and the potential role young people play in challenging destructive social norms in Albania, Bosnia-Herzegovina, Bulgaria, Croatia, Kosovo, Moldova, Romania, and Serbia. At the intersection of a child’s right to be safe, to be educated and to be heard, this paper looks at a creative and participatory research approaches that bring children’s experiences of violence in schools to the fore and centers their experiences. This largely qualitative study drew on participatory and creative methods to explore the incidence and type of violence that children and young people are facing in and around school in South East Europe, who is most impacted by it, the social and gender norms related to violence (including SRGBV) against children, the mechanisms and child-led actions that protect children from violence and promote wellbeing, how children and young people felt able to prevent or respond to violence (and SRGBV specifically), and the ideas they had for prevention. National academic and independent researchers were trained on the research and analysis tools that were designed by the IICRD team to ensure consistency. Two schools in each country were chosen to run 2–3 day workshops with up to 15 young people aged 13–18 years old and up to 15 adult supporters in each site. This paper outlines the findings and focuses on the cyclical nature of research and practice where one informs the other. The multi-country research design and findings offer unique insights into effective approaches to work with young people as well as the levels of violence experienced by young people and their critical insights in how to implement enhanced safety in schools. In addition, this paper emphases the process of conducting research using creative and participatory methods as this is not often discussed in detail in the literature. In order to develop research with children and young people that can effectively impact practice, we suggest it is imperative to have a relational approach embedded in research that provides training for adults to ensure they are equipped to do this sensitive work.
儿童有权在学校免受暴力侵害,但学校暴力依然存在。推动我们集体信念、态度和观点的社会和性别规范或不成文的行为规则,使与暴力有关的积极和有害行为永久化。然而,社会规范是可塑的。为了进一步探讨这一点,“关于在中小学对儿童的暴力行为的区域研究”项目,在“家园家园”和儿童保护中心的支持下,国际儿童权利与发展研究所(IICRD)寻求在2019-2021年期间与八个南欧和东欧国家的年轻人及其支持者合作,揭示社会和性别规范如何影响与学校有关的性别暴力,以及年轻人在挑战阿尔巴尼亚、波斯尼亚-黑塞哥维那、保加利亚、克罗地亚、科索沃、摩尔多瓦、罗马尼亚等国破坏性社会规范方面发挥的潜在作用。和塞尔维亚。在儿童安全、受教育和发表意见的权利的交叉点上,本文着眼于一种创造性和参与性的研究方法,将儿童在学校遭受暴力的经历置于首位,并将其作为其经历的中心。这项主要是定性研究利用参与性和创造性的方法,探讨东南欧儿童和年轻人在学校内外面临的暴力发生率和类型,受其影响最大的群体,与针对儿童的暴力(包括性别暴力)相关的社会和性别规范,保护儿童免受暴力和促进福祉的机制和儿童主导的行动。儿童和年轻人如何认为自己有能力预防或应对暴力(特别是性别性别暴力),以及他们对预防的想法。国家学术和独立研究人员接受了IICRD团队为确保一致性而设计的研究和分析工具的培训。每个国家的两所学校被选中举办为期2-3天的讲习班,每个地点有多达15名13-18岁的年轻人和多达15名成人支持者。本文概述了研究结果,并着重于研究和实践的周期性,其中一个通知另一个。多国研究的设计和结果为与年轻人合作的有效方法提供了独特的见解,也为年轻人所经历的暴力程度提供了独特的见解,并为如何加强学校安全提供了重要见解。此外,本文强调了使用创造性和参与性方法进行研究的过程,因为这在文献中并不经常详细讨论。为了开展能够有效影响实践的儿童和年轻人研究,我们建议必须在研究中嵌入一种关系方法,为成年人提供培训,以确保他们有能力从事这项敏感的工作。
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引用次数: 0
Making new ‘Solidarities’ 建立新的“团结”
Q3 Arts and Humanities Pub Date : 2023-04-26 DOI: 10.17356/ieejsp.v9i1.1084
Andrzej Turkowski, Gaweł Walczak
This article returns to sociological investigation of the intriguing phenomenon of the Solidarity social movement. Contrary to a popular position which sees Solidarity as important but closed chapter in Polish history, we argue that its legacy, in contrast to other historic events such as Prague’s spring and Hungarian uprising, should be seen as an ongoing social process in Poland and in the broader region of Eastern and Central Europe. In order to lay out our argument we describe Polish intelligentsia members’ practices aimed at the reproduction and strengthening of the legacy of Solidarity – an important tool which legitimizes intelligentsia’s dominant position in the post-communist Poland. In the empirical part we are particularly interested in analysis of efforts aimed at strengthening the legacy of Solidarity by universalizing it at the transnational level, which we analyzed on the case study of interaction between members of the Polish and Ukrainian elites.
这篇文章回到了对团结工会社会运动的有趣现象的社会学调查。人们普遍认为团结工会是波兰历史上重要而封闭的一章,与此相反,我们认为,与布拉格之春和匈牙利起义等其他历史事件相比,团结工会的遗产应被视为波兰乃至东欧和中欧更广泛地区正在进行的社会进程。为了阐述我们的论点,我们描述了波兰知识分子成员旨在复制和加强团结工会遗产的做法-这是使知识分子在后共产主义波兰的主导地位合法化的重要工具。在实证部分,我们特别感兴趣的是分析旨在加强团结工会遗产的努力,通过在跨国层面上普及它,我们分析了波兰和乌克兰精英成员之间互动的案例研究。
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引用次数: 0
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