Consent Of Parties Research Articles

Parent–professional interviews in child protection: Comparing viewpoints

AbstractSeveral studies have analysed the parent–professional relationship in the field of child protection. Although social workers tend to privilege interviews when working with families and view them as a means through which to build ties, few studies have focused on these interviews. To analyse how professionals and parents position themselves, we chose to focus on the content of these interviews and on the associated interactions. To this end, we recorded 13 parent–professional interviews after receiving the consent of the concerned parties. After analysing the interviews, we asked volunteer social workers and parents to analyse their own recorded interviews. Our results confirm the asymmetric nature of the parent–professional relationship. They show that professionals' viewpoints carry more weight than those of parents. They also underscore professionals' lack of openness and the strategies parents implement to cope with this power imbalance. Lastly, our results open new avenues for reflection on the evolution of practices that may enable professionals to better take into account families' viewpoints.

New Discoveries: The Marriage Certificate of Eugene O'Neill and Carlotta Monterey (July 22, 1929) / Sean O'Casey, Letter to Eugene O'Neill (November 25, 1936)

New Discoveries: The Marriage Certificate of Eugene O'Neill and Carlotta Monterey (July 22, 1929) / Sean O'Casey, Letter to Eugene O'Neill (November 25, 1936)

Alternate Dispute Resolution

Conflict is an inevitable facet of international relations. As much as the nations of the world work harmoniously in order to achieve their mutual interest, they also disagree as they strive to protect and preserve their individual national interests. Where conflict is inevitable and is part of the daily, where disagreement among the member states of the international system is bound to happen, some mechanisms have been put in place to resolve these conflicts and disagreements among nations. In the 21st century, many conflicts nowadays are being solved through ADR. Alternate Dispute Resolution (ADR) is a form of agreement. In the international context, Alternative Dispute Resolution is something of a misnomer as leads to the question ‘ alternative to what?’ In the domestic context, national courts provide a generally acceptable means of resolving disputes upon the parties agreeing on some alternative means. But, in many international disputes, resort to national courts is not possible due to the absence of consent of parties. At least one party will always view it as the most undesirable option where it is possible without consent as each party here is inclined towards serving their national interests first. Thus, the only formal medium of dispute resolution that finds broad acceptance in the international context without any resurgence is created by agreement of the parties.

Umowa urbanistyczna jako przykład umowy administracyjnej na tle polskiego i europejskiego porządku prawnego

The subject of the article is an attempt to show that concluding an urban contract is a form of public administration activity of an administrative nature, not a civil one. As a result of the contract, an administrative-legal relationship is established. Its characteristic feature is that in order for this relationship to arise it is necessary for the other party to agree. The other party is an investor who is supposed to carry out the project at his own expense. The basis for the conclusion of the contract is not the freedom of contracting, but administrative law specifying the competence of the administration to conclude a contract as well as determining the acceptable content of the contract. The urban contract is therefore an administrative contract. The article also presents the basic features of an administrative contract. In the study, the achievements of Polish and German doctrine were used. The administra­tive contract is not regulated under Polish law but relevant provisions are contained in the German Act on Administrative Proceedings. In addition, a public law contract has been described as an instrument of action in the implementation of European Union law. In this context, two cases were distinguished, i.e. the conclusion of a contract by national authorities and the conclusion of a contract by the Union institutions. In the latter case, it was necessary to interpret the provisions of the Treaty on the European Union and the Treaty on the Functioning of the European Union. The characteristics of the administrative contract which make it a good means of establishing an administrative-legal relationship are also presented. Of particular importance is the opportunity of creating the content of the relationship by the entities involved. This enables the formation of individual provisions adapted to a specific case. At the same time, because the consent of both parties is needed to conclude a contract, such an administrative contract protects the interests of both parties to the legal relationship. Public administration’s ability to act in spe­cific situations must be ensured and for that reason the administrative contract will probably develop further.

Uzupełnienie braku upoważnienia do asystowania przy zawieraniu małżeństwa wyrazem ochrony dobra wspólnego

Even though marriage arises from the consent of parties (can. 1057 § 1 of the Code of Canon Law), it is necessary to preserve the canonical form (ordinary or extraordinary) for the validity of this relationship.
 Assuming that the form of marriage was established in order to eliminate secret marriages, canon 144 § 1 of the current Code of Canon Law states that in the event of factual or legal common error and in positive and probable doubt of law or of fact, the Church supplies executive power of governance for both the external and internal forum.
 Canon 144 § of the same Code, on the other hand, declares that the same provision applies to the powers referred to, e.g. in canon 1111 § 1 of the Code of Canon Law. This canon regulates that a local ordinary can delegate (to priests and deacons) of assisting at celebrating marriages. 
 After discussing the role of a marriage witness and the character of his/her delegation as well as the development of legal form of supplying this delegation, the author takes up the issue of supplying this delegation in an event of common error or positive and probable doubt of law or fact in historical context, and then provides examples of supplying the delegation to assist in marriage in sentences of the Tribunal of the Roman Rota (from years 1992 -2006), including a precedent-setting sentence in the case of Stankiewicz of 15 December 1992. 
 In conclusion, attention was paid to the ratio legis of the legal norm on supplying the delegation, which is bonum commune.

Recording a Conversation with a Client

On Saturday, July 21, 2018, President Donald Trump said that he finds it to be “inconceivable that a lawyer would tape a client” as the president weighed in following the disclosure that his then-personal attorney Michael Cohen secretly recorded their discussion about a potential payment for a former Playboy model's account of having an affair with Trump. The recorded conversation occurred in the weeks before the 2016 election. In some states (single party consent states), and under a formal opinion adopted by the ABA in 1974 (Formal Opinion 337), an attorney surreptitiously recording a client may not be illegal, but would be considered unethical. Some states require the consent of both parties for a recording of a conversation to be made. In 2001 the ABA updated its policy (ABA Formal Opinion 422) holding that an attorney taping conversations where it was legal to do so is not inherently unethical, although the circumstances of the taping must be considered. Colorado Formal Opinion 112 (2003) generally finds that undisclosed recording of conversations by a lawyer is generally not permitted, but provides some exceptions where surreptitious recording would not be unethical. This paper discusses President Trump's statement under New York law, Colorado law, and the ABA Formal Opinions, as well as a related article in the January-February 2019 ABA Journal.

Postupci pred pojedinim univerzalnim telima UN za zaštitu ljudskih prava - aktuelna pitanja i perspektive

This paper deals with the issue of activities of international committees for the protection of human rights, which are created by universal treaties for the protection of human rights, such as International Covenant on Civil and Political Rights, Convention Against Torture, Convention on the Elimination of All Forms of Racial Discrimination and other. The committees have jurisdiction to consider reports of the States Parties on the implementation of a relevant international treaty by which they were created. Also, the procedures of inter-state and individual communications are significant. Certain conditions of the admissibility of a communication, which are almost identical for every committee, should be fulfilled. Before initiating an international procedure State Party has the opportunity to remedy all the negative consequences that were caused by the violation of human rights and for that reason all available national legal remedies should be used. Also, the communications have to be compatible with the relevant convention, which means that individual has to address the right envisaged by the convention. In the procedures before a committee, the facts are investigated and the committee gives a decision or the opinion whether certain human rights had been violated. During the procedure interim measures could be ordered to prevent irreparable harm for the applicant. Decisions of the committees are not binding; however they influence a state to respect human rights of individuals in its jurisdiction. If the decisions were binding that would significantly contribute to the efficiency of the human rights protection before the committees. For that to happen, there should be explicit consent of the State Parties and the treaties, by which the committees are created, should be modified.

What’s Wrong with Article 22 ? The Unsolved Mysteries of Choice of Law for Mrimonial Property

The twin EU Regulations on Matrimonial Property will become fully effective on January 29, 2019. These new EU instruments confirm that party autonomy is one of the main principles of EU private international law. The choice of law is the first provision in the chapter on applicable law. Article 22 of the two Regulations makes it possible for spouses and partners to choose the law applicable to their relations. For practitioners, and notaries in particular, the existence of common choice of law rules and, more importantly the confirmation that the relationships between spouses or partners is governed by the law they have chosen, brings about a welcome certainty. It may therefore be expected that the coming into force of the two Regulations will lead to an increase in the use of choice of law. The unification of the conflict of laws rules within the EU does not, however, solve all questions. This paper identifies and reviews potential shortcomings of the Regulations in relation to party autonomy. Four issues have been selected, which reveal the fragility of party autonomy under the twin matrimonial property Regulations. The weak spots include the silence kept by the EU legislature on tacit choice of law, the absence of any consideration for old choice of law provisions and the lack of a European mechanism dealing with the consent of parties. Some of these shortcomings may be remedied by practice. For other issues, one shall have to wait until the review of the Regulation which is scheduled to take place in 2027.

Internet e o direito ao esquecimento digital

O rastreamento do indivíduo se reveste doravante de uma faceta inédita com os sites participativos ou colaborativos, tais como blogs, fóruns de discussão, plataformas de vídeos e redes sociais. A exposição dos dados pessoais com ou sem anuência dos interessados é também decorrente de práticas jornalísticas, com o advento da imprensa eletrônica. Partindo dessas constatações, o artigo discute, na perspectiva do Direito, da Comunicação e da Arquivologia, as tensões e os problemas decorrentes do direito de acesso à informação e o direito à vida privada. Problematiza a questão do direito ao esquecimento nas suas diferentes dimensões e modalidades operacionais no mundo digital. Apresenta as regulamentações da França e da União Europeia e discute alguns exemplos concretos. Conclui que o “calcanhar de Aquiles” da internet permanece sendo da proteção dos dados pessoais e que a vulnerabilidade do indivíduo é agravada pela disseminação viral das informações na rede, destacando a importância da autorregulação, a necessidade de uma política de informação e esclarecimento dos internautas, de campanhas de sensibilização e de mecanismos de sinalização das violações. Aponta, igualmente, para a necessidade de uma política de segurança e de tratamento de dados pessoais, visando, principalmente, os prazos de difusão online, a indexação, o referenciamento e a gestão dos arquivos.

Informing offspring of their conception by gamete or embryo donation: an Ethics Committee opinion

This document discusses the ethical implications of informing offspring about their conception using gamete or embryo donation. It replaces the 2013 ASRM Ethics Committee document of the same name (Fertil Steril 2013;100:45-9).

Notion of investment under the ICSID Arbitration: A jurisdictional dilemma between subjective and objective approaches

The notion of Investment is one of the most controversial issues trailing the dispute settlement mechanism of International Center for Settlement of Investment Dispute (ICSID). One notable issue surrounding the controversy is identifying an exact definition of investment for the purposes of ICSID Jurisdiction. While some tribunals tend to give effect to the agreement of the parties contained in their contracts or the underlying bilateral investment treaty as giving rise to the ICSID jurisdiction by consent, others tend to subject parties consent into a filtering mechanism based on a certain developed criteria. The aim of the paper is to add clarity to the corpus juris of investment treaty arbitration and provide guidance to the investment treaty tribunals regarding the determination of notion of investment. In doing so, the paper typifies the problem with the notable case of MHS v Malaysia. It then analyzes the two approaches from subjective and objective perspectives. The paper concludes with the proposition that ICSID notion of investment may not necessary lie with either of the two approaches.
 Keyywords : Investment, treaties, jurisdiction

'Status-Neutrality' of International Organizations: A Mission Impossible with Regard to Self-Proclaimed Separatist Entities?

Status-neutrality is a specific case of impartiality, where international organizations take a neutral position on the status of a self-proclaimed separatist entity. The reasons for choosing a status-neutral policy are the States’ discretionary power to decide on State recognition, the member States’ lacking consensus about the final status of the territorial entity and the international organizations’ mandate to achieve practical solutions in the dispute settlement. The normative content of the term, namely the obligations with regard to impartiality are the negative duty not to recognize the statehood of the territorial entity or to make pronouncements on its current or future status, and, positively, the obligations to achieve pragmatic solutions, to assist the implementation of standards in the given region and to seek for the consent of both parties. However, even if international organizations comply with the normative content of status-neutrality, they face various accusations of partiality. As the precedents mainly related to Kosovo show, direct contacts with self-proclaimed authorities, the aid and assistance provided for the entity and the silence of the international organizations with regards to unilateral acts of the self-proclaimed authorities are a priori conform to international law. Nevertheless, the impartial conduct of international organizations cannot prevent the factual consequences they have on the stabilization of self-proclaimed separatist entities.

ANALISIS YURIDIS ATAS PERJANJIAN PERKAWINAN DITINJAU DARI UNDANG-UNDANG NO.1 TAHUN 1974 TENTANG PERKAWINAN DAN IMPLIKASI PUTUSAN MK NO.69/PUU-XIII/2015

Act No. 1 of 1974 on Marriage in Article 29, which explains that at the time the marriage took place before the bride who wants to do a wedding in which the consent of both parties must make a marriage agreement in writing beforehand. However, the fact that an Indonesian citizen who is married to foreign citizens who perform mixed marriages, filed a petition to the Constitutional Court relating to Article 29 of the Marriage Act. Indonesian citizen that feels aggrieved because when they wanted to buy a flat can not be done because the rejection of purchase from the developer because the buyer is married to citizens of foreign, which in Article 35 of the Marriage Law that property acquired during the marriage become community property, then in Article 21 UUPA that only citizens of Indonesia who can both have property rights. Therefore, the applicant felt disappointed, harmed and human rights have been usurped by their rules.The formulation of the problem in this research are: 1) What about the implications of the Constitutional Court. No. 69 / PUU-XIII / 2015 against the marriage contract stipulated in Law No.1 of 1974 on Marriage? 2) How is the implementation of the agreement is a marriage in the Act No.1 of 1974 on Marriage after the decision of the Court. 69 / PUU-XIII / 2015? 3) how the barriers and solutions in implementing the agreement is a marriage in Act 1 of 1974 on Marriage Following the Ruling of the Constitutional Court. 69 / PUU-XIII / 2015?The method used in this thesis is a normative juridical legal research. Ie normative legal research legal research conducted by reviewing the materials of the legislation and other materials derived from the literature.The results of this study are: 1) That the decision of the Court No.69 / PUU-XIII / 2015 are final, binding, and binding on all the parties, both litigants, agency, government law and notary 2) that the manufacturing operations after the marriage covenant decision of the Court. 69 / PUU-XIII / 2015, namely, which initially manufacture the marriage contract according to Law No.1 of 1974 on Marriage made before the marriage is done but with the Constitutional Court's decision No.69 / PUU-XIII / 2015 the agreement is made before the marriage dapan marriage took place or after held 3) in the manufacture of the marriage covenant are obstacles that happen is if the parties want to make the marriage covenant are lying or data used by the parties do not fit their therefore a Notary should be more careful and cautious associated with the those who want to make arrangements.Keywords: Marital Agreement, Decision of the Constitutional Court, Notary

The Philippines v. China Jurisdictional Award and its Implications for the Republic of Korea

The Philippines v. China jurisdictional award seemingly challenged the rule that third party fora cannot assume jurisdiction in the context of a territorial dispute without the consent of all parties involved. The present paper analyzes the decision and identifies its implications for the Republic of Korea in territorial disputes with its Chinese, Japanese and North Korean neighbors. It finds that Philippines v. China, far from undermining the South Korean position in these disputes, could actually benefit it against Japan.

Concubinage and Consent

In our imperfect world, rape happens frequently but nearly no one publicly defends the legitimacy of forcible or nonconsensual sex. So pervasive is deference to some notion of consent that even Daʿish supporters who uphold the permissibility of enslaving women captured in war can insist that their refusal or resistance makes sex unlawful. Apparently, one can simultaneously laud slave concubinage and anathematize rape. A surprising assertion about consent also appears in a recent monograph by a scholar of Islamic legal history who declares in passing that the Qurʾan forbids nonconsensual relationships between owners and their female slaves, claiming that “the master–slave relationship creates a status through which sexual relationsmay become licit, provided both parties consent.” She contends that “the sources” treat a master's nonconsensual sex with his female slave as “tantamount to the crime ofzinā[illicit sex] and/or rape.” Though I believe in the strongest possible terms that meaningful consent is a prerequisite for ethical sexual relationships, I am at a loss to find this stance mirrored in the premodern Muslim legal tradition, which accepted and regulated slavery, including sex between male masters and their female slaves.

All Data is Not Created Equal: Upholding the Fourth Amendment's Guarantees When Third Party Consent Meets the Shared Electronic Device

Under the Fourth Amendment, a third party can provide consent for law enforcement to search another individual’s property if the third party has “common authority” over the property. Such authority arises when the individual shares the property with the third party. The Constitution protects privacy but, once property has been shared, the expectation of privacy is diminished, thereby opening the door to third-party-consent searches. The emergence of electronic devices that store vast amounts of intimate data has complicated this third-party-consent doctrine. Our data are personal effects warranting constitutional protection, meaning that courts must identify the scope of a shared user’s authority over different data in the third-party-consent context. In addressing challenges to third-party-consent searches of electronic devices, multiple federal courts of appeals assume that all data on a device is subject to the same privacy expectations and thus can be searched based on the same type of third party authority — the general authority to access the device. But this approach is inconsistent with Fourth Amendment jurisprudence because it truncates the Amendment’s reasonableness analysis and defies prevailing social expectations. All data is not created equal and is not associated with the same privacy expectations. To determine whether a third party has authority to consent to a search of certain data, courts must consider the specific circumstances surrounding the data: the sensitivity of the data, whether steps have been taken to shield the data from shared users, and the foreseeability of a shared user accessing the data.

‘Voluntary’ and ‘involuntary’ child welfare: Challenging the distinction

Summary Finnish child welfare divides care orders into voluntary and involuntary care orders, based on the consent or objection of different parties. When giving consent to a care order, the parties allow their rights to family life and self-determination to be restricted. This article examines how the voluntary care order differs in practice from the involuntary one and how voluntarism and involuntarism are represented in these two types of care order. Findings The analysis of 37 care orders highlights different shades of voluntarism and involuntarism as well as formal and informal spheres of consent and objection. The binary distinction between voluntarism and involuntarism becomes problematic. Instead, new forms and arenas for consent and objection, e.g., resistance, become topical in child welfare. Applications The spectrum of voluntarism and involuntarism should be recognised in every type of child welfare. The study points out several critical points in the dual decision-making system in Finland, in particular informed consent.

LEGAL PROTECTION FOR OWNERSHIP OF PROPERTY LAW ON MARRIAGE AFTER DIVORCE DECISION

<em>Marriage is a sacred and holy institution as stated in Law No. 1 of 1974 article 1 about marriage. Joint property can be used by the husband and wife, for anything and any amount as long as there is also agreement of both parties. Just right for a husband and wife with the right of use or wear it with the consent of both parties (reciprocal) is naturally given that the rights and position of the wife by the husband is in an environment of domestic life and social life together in society, a place where each each has the right to take legal actions. This means that both parties are given the opportunity to have an agreement that's about innate property may be inserted into the joint property, while other parts are certain to remain under the supervision of each. If each party has an agreement to enter the default property to be joint property, the management is certainly applicable provisions of the agreement regarding the default property.</em>

Arbitration as transnational governance by contract

ABSTRACTThis article argues that arbitration's status as a form of adjudication is a source of legitimacy for an arbitrator's exercise of power. This view entails an understanding of arbitration as a form of governance capable of bringing a measure of the rule of law to the transnational space. This article rejects traditional theories that emphasise party consent as the sole source of legitimacy in arbitration, one notable example of which is the ‘law market’ theory. While consent is an important source of legitimacy, theories of legitimacy based solely on consent fail to reflect two realities demonstrated by empirical evidence. First, default rules shaped by a variety of public and private actors other than the parties usually govern arbitral proceedings. Second, arbitrators consider the decisions of their peers in similar cases and thus meet, in a general sense, the burden of rationality associated with legitimacy in adjudication.

Forced Marriage, Slavery, and Plural Legal Systems: An African Example

Slavery, long abolished under international law, left a devastating imprint on Africa. However, enslavement of women through forced marriages remains a common phenomenon in many African states. These African states share the common feature of legal pluralism where traditional legal systems continue to be observed alongside national laws in which slavery is outlawed. Where traditional practices condone the marriage of underage girls who are legally unable to consent, the questioning of age-old accepted forms of marriage can generate strong reactions. This article traces the position of forced and child marriages in international law, and investigates how legality becomes a moveable target when legal systems exist in parallel. Despite international and African Union conventions on slavery and human rights declaring that marriages not based on the full and free consent of both parties are considered a violation of human rights and a form of slavery, these practices persist. These instruments are assessed to gauge the level of conformity (or variance) of African state practice where forced marriages commonly occur. Importantly, the reasons behind noncompliance and the impact of legal pluralism are explored in African states where forced marriages commonly occur.