Court Order Research Articles

Noting the Impact of Lockdown Co-Parenting Regulations on the Wellbeing of Children in South Africa

The South African government introduced a strict lockdown and related legislation in reaction to the COVID-19 epidemic. During lockdown, the movement of children between co-holders of parental rights and responsibilities of a caregiver, as defined in section 1(1) of the Children's Act 38 of 2005, was prohibited. The movement of persons was only permitted in essential cases, leading to children being "stuck" with one co-holder or even a person with no parental responsibilities and rights. A court order was to be obtained for permission for a child to travel, proving that this was urgent and essential. The lockdown regulations on the movement of children covered only those in a formal arrangement and excluded co-parents without court orders and those in the process of divorce. The closure of schools for approximately three months resulted in a significant increase in inter-parental disputes. These conflicts primarily revolved around the regulations stipulating that children could only be relocated to households free from Covid-19. The regulations completely ignored the child's emotional needs and were so out of line with other countries in similar circumstances. The regulations were also contrary to the Constitution and Children's Act, which underscore that the best interests of the child are paramount in all matters involving the child as it was not in the child's interests to be with a particular parent or without a particular parent during the lockdown period. This paper aims to identify the issues and effects of co-parenting during the lockdown and present a critique on the circumstances. It is argued that the one-size-fits-all approach introduced by the lockdown regulations was not the most appropriate, as the determining criteria should have been based on what would be best in the child's interest, which should, therefore, be assessed based on a case-by-case analysis.

The efficient enforcement challenge of secured transactions law reforms in civil law systems—self-help repossession, strict foreclosure, and other methods for the acceleration of enforcement of security interests

Abstract Although the forging of an efficient system for enforcement of security interest is one of the central expectations of secured transaction law reforms in civil law systems, the results hardly give reason for satisfaction. As the reforms tend to be supported and influenced by various international organizations’ projects (especially the World Bank, the European Bank for Reconstruction and Development, the International Institute for the Unification of Private Law, and the United Nations Commission on International Trade Law), most out-of-court methods of enforcement of security interests have played a central role. Yet due to civil law’s general hostility towards self-help as such, either the introduction of the concept has been rejected or the local limited-reach kin have been merely ‘paper tigers’. Similarly, although security interests on several types of collateral (accounts, investment property) or on the workhorse of the English financial system—the floating charge—have also been enforced extrajudicially (save the exceptions), little attention has been attributed to these enforcement modalities. The same applies to strict foreclosure in civil law systems still being prohibited, or restricted, and thus rarely resorted to, due to the inherited hostility towards the doctrine of lex commissoria. Rethinking local laws on preliminary and temporary court orders to match them with such globally known ex parte preliminary measures as the English Mareva Injunction or the French Saisie Conservatoire, which allow creditors to swiftly freeze debtors’ assets and thus substitute self-help repossession, has also been given short shrift. The enforcement segment, consequently, remains the Achilles’ heel of secured transaction law reforms in civil law systems. This article desires to contribute to reform literature by addressing these deficiencies and by offering tested, fully or partially fitting, functional equivalents of self-help repossession.

The relationship between justice and the police: theoretical and practical aspects

The text of the article analyzes approaches to the definitions of the concepts of «justice» and «police». By summarising different views on these concepts, the author proposes to establish a criterion by which they can be distinguished. According to the author, since police and judicial activities overlap in the implementation of the law enforcement function of the state, it is here that the specified criterion should be sought. In particular, it is noted in the work that justice is the sphere of direct implementation of the law enforcement function of the state, the content of which is the resolution of conflicts of legal and illegal interests, the denial of a committed offense and the establishment of the law in legal relations. Instead, the police is appointed to carry out only operational and forceful enforcement of the law enforcement function, i.e. it is only an auxiliary activity in the law enforcement sphere (for example, prevention, detection and recording of certain types of offenses, search and detention of offenders, providing protection from them to individuals and legal entities, ensuring the execution of court orders decisions and sentences, detention of convicts and other types of coercion). The boundaries of such auxiliary activities may be different in different states and even in one state at different times, but this does not change the fact that justice and the police play different roles in the performance of law enforcement functions: the first is the main one, the second is auxiliary. In addition, the article points to the fact that justice is connected exclusively with only one law­enforcement function of the state, and the police is mainly involved in the administrative function. Therefore, the criterion for distinguishing between justice and police, and, accordingly, their concepts, should be determined by what fundamentally distinguishes these state structures, making them different in nature in the system of state power; such a criterion is the nature of the functions of the state to which these phenomena are adapted. The author notes that the police is a special institution of the state, called together with other structures of the executive power to implement the legal order ideally defined by the legislative power in the norms, actually establishing and maintaining this order in society, preventing and suppressing its violations. At the same time, the specificity of the police in relation to other bodies of the executive power is that it acts as a «force» component of the executive power, has the necessary means and skills to use coercion, including forceful physical and armed coercion in order to maintain proper law and order Justice, on the other hand, is called upon to ensure, within the framework of the law enforcement function, the authoritative resolution of contradictions between legitimate and illegitimate interests, denying offences and thus establishing legality and restoring the violated legal order. The sphere of justice includes legal activities related to the establishment of legal facts, the investigation of facts of offenses, the resolution of legal disputes, determination and realization of the responsibility of violators of the law.

Mental healthcare in South Tyrol

Mental healthcare in South Tyrol, as everywhere in Italy, is still characterized by Law 180, which came into force in 1978 under the leadership of Franco Basaglia and Bruno Orsini. The Ministry of Health subsequently set atarget number of beds of 10/100,000 inhabitants. Unlike in other parts of Italy, private clinics play aminimal role in South Tyrol. The "Psychiatric Services" are part of the state healthcare system responsible for all citizens and are also responsible for compulsory outpatient care. According to the concept of community care, also due to the small number of inpatient beds, agreat deal of care is provided on an outpatient basis. Coercive measures can only be used in the case of an illness requiring urgent treatment that the patient refuses, without recourse to endangering circumstances (self-endangerment or danger to a third party). Inpatient hospitalization is only possible if treatment also takes place and the principle of "outpatient before inpatient" also applies in this context, i.e., coercive treatment can only take place as an inpatient if it cannot be carried out as an outpatient. Forensic psychiatry has very few places and mentally ill offenders are often in prison or occupy beds in general psychiatric wards. Compared to Germany there are fewer beds available but staffing levels are better, particularly for nursing. In relation to the number of inhabitants, compulsory treatment is more frequent than in Germany, whereas involuntary hospitalization and physical restraint are much rarer (only possible in Italy by court order).

Access to justice in Albania and EU policies

Abstract Access to justice is a fundamental element of the rule of law and a cornerstone of justice. Access to justice is the constitutional guarantee that enables individuals to have their violated rights protected. Governments must guarantee the right of every individual to address the court or other bodies of public administration. The right of access to the court in order to oppose an act of the public administration bodies is an autonomous fundamental right and an element of due process. This principle closely relates to another principle guaranteeing justice and democracy in society, which is the principle of the rule of law. Albania has not yet adopted a law that provides for the vital minimum; calculation of financial insufficiency threshold by considering only the income of a person rather than the necessary and obligatory living costs that really need free legal aid. National and international acts provide for Access to Justice, and the onus remains on the government to provide this right to its citizens. In 2022, the number of courts in Albania dropped significantly with the new judicial map, which significantly reduced the access of citizens. Why reduce the number of courts? This led to the increase in the stock of court files and the failure of judges to try cases within the legal deadlines. Albania should reflect without further delay and increase the number of courts, taking an example from other developed European countries, so that citizens may easily go to the courts

A multi-state evaluation of extreme risk protection orders: a research protocol

BackgroundExtreme Risk Protection Orders (ERPOs) are civil court orders that prohibit firearm purchase and possession when someone is behaving dangerously and is at risk of harming themselves and/or others. As of June 2024, ERPOs are available in 21 states and the District of Columbia to prevent firearm violence. This paper describes the design and protocol of a six-state study of ERPO use.MethodsThe six states included are California, Colorado, Connecticut, Florida, Maryland, and Washington. During the 3-year project period (2020–2023), ERPO case files were obtained through public records requests or through agreements with agencies with access to these data in each state. A team of over four dozen research assistants from seven institutions coded 6628 ERPO cases, abstracting 80 variables per case under domains related to respondent characteristics, events and behaviors leading to ERPO petitions, petitioner types, and court outcomes. Research assistants received didactic training through an online learning management system that included virtual training modules, quizzes, practice coding exercises, and two virtual synchronous sessions. A protocol for gaining strong interrater reliability was used. Research assistants also learned strategies for reducing the risk of experiencing secondary trauma through the coding process, identifying its occurrence, and obtaining help.DiscussionAddressing firearm violence in the U.S. is a priority. Understanding ERPO use in these six states can inform implementation planning and ERPO uptake, including promising opportunities to enhance safety and prevent firearm-related injuries and deaths. By publishing this protocol, we offer detailed insight into the methods underlying the papers published from these data, and the process of managing data abstraction from ERPO case files across the multi-state and multi-institution teams involved. Such information may also inform future analyses of this data, and future replication efforts.RegistrationThis protocol is registered on Open Science Framework (https://osf.io/kv4fc/).

Eksistensi Container House sebagai Objek Jaminan Berdasarkan Hukum Jaminan di Indonesia

Container house is a building made of used containers hich is a movable object that can be modified into a house or residential place that is an immovable object. Therefore, if the owner of the Container house ants to collateralize the container it ill cause a gap between positive law and social facts related to hat collateral law ill be charged against the Container house. so the purpose of this study is to analyze the status of the container house in the perspective of existing laws in Indonesia and in the status of the container can the container house be used as a collateral object. The method used in this research is normative research method. The result of the research is that first, a container house is a movable object ith the characteristics of a physical building made from containers that does not require construction ork so it does not require a construction permit, can be transferred and has economic value. However, normatively, there are no laws and regulations governing it so that its ownership has no guarantee of legal certainty. Second, container houses can be charged ith fiduciary guarantees, so the execution of container houses is carried out in accordance ith Article 15 paragraph (2) of the UUJF if there is consent from the fiduciary. However, if the fiduciary grantor does not agree to surrender the object of the fiduciary guarantee, then the execution is carried out based on the Constitutional Court Decision Number 18/PUU/XVII/2019, namely through a court order.

Gateway to Dignity: Legal Name Changes for Transgender People in the United States

ABSTRACT Since the 1960s, trans people in the United States have been petitioning courts for name changes and sex marker corrections. If, under English common law everyone has the right to change their name at will without legal procedure by simply adopting a new name, why do trans people bother to change their names through formal legal procedures? This article investigates that question through interviews with trans people around the United States who had legally changed their name as well as lawyers and advocates who assisted trans people in this process, many of whom were trans-identified. Participants reported that without a legal name change, trans people face regular challenges to their dignity. Therefore, I argue that legal name changes are a gateway to dignity by assisting trans people with establishing self-worth and facilitating respectful interactions. While participants stressed that everyone should be entitled to have their chosen name respected, when that dignity is not extended, law can be a powerful tool. Court orders reflecting a name change communicate with the force of law what is the correct name for a person.

Tindak Pidana “Obstruction of Justice” dalam Pengaturan Undang-undang Nomor 1 Tahun 2023

Law enforcement efforts must pay attention to the criminal offence of Obstruction of Justice, because it can have an impact on the law enforcement process itself. Thus, this research discusses how the regulation of the criminal offence of Obstruction of Justice in the legislation. The purpose of this research is to understand what actions are included in the category of Obstruction of Justiice. The type of research used is normative legal research. The research data used is secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The results of the study suggest that in Law Number 1 Year 2023, the criminal offence of Obstruction of Justice is regulated in more detail in Chapter VI on Criminal Offences Against the Judicial Process, which is divided into three parts: Misdirection of the Judicial Process: Includes falsification of evidence, giving false testimony, and actions that interfere with the judicial process. The maximum sanction is six years imprisonment or a category V fine (Article 278), Disrupting and Obstructing the Judicial Process: Includes disrupting a trial, disobeying a court order, attacking the integrity of the authorities, and obstructing an investigation. The maximum sanction is seven years and six months' imprisonment or a category IV fine. (Articles 279-292), Destruction of Court Buildings, Courtrooms, and Court Equipment: This includes damaging the court building or court equipment which results in the court session not being able to continue. The maximum sanction is five years imprisonment. (Article 293) In addition, Law No. 1 of 2023 also covers the Protection of Witnesses and Victims from Article 294 to Article 299, to ensure safety and justice for witnesses and victims in the judicial process.

Solving Investors’ Problems with Access to Evidence in Damages Litigation: Suggestions for a Future Issuer Liability Regime

AbstractPrivate enforcement’s role in the European secondary securities market is narrow. Issuer companies’ civil liability for violations of the inside information disclosure obligation is no exception. While trying to avoid the shadow of the US class action institution, European scholarship has long explored ways to increase the role of private enforcement in the securities market. Harmonising issuer liability is one of the suggestions to create a more prominent role for private enforcement. Even though harmonising issuer liability would be a welcome option for legal certainty and investor protection, it seems unlikely to happen in the near future. As an initial step towards potential harmonisation, this article analyses credit rating agencies’ (CRAs) liability and liability for competition law violations from the viewpoint of information asymmetry in litigation. It evaluates whether the legislative solutions in the CRA III Regulation and the Competition Damages Directive regarding plaintiffs’ access to evidence could be used as models for a potential issuer liability regime. The article finds that the choices made in the Competition Damages Directive could serve as viable models for issuer liability. The provisions in that Directive solve the information asymmetry between the plaintiff and the defendant by granting the plaintiff access to evidence in litigation through a court order.

Tracing the legal journey of petitions in the Uttarakhand High Court that became springboards for rights of rivers and nature in India

ABSTRACT On March 20, 2017, the High Court of Uttarakhand in India declared the Ganga and Yamuna rivers as living entities, making it the country’s first order to give legal rights to rivers. In another order passed 10 days later, the same court granted legal personhood to nature in Uttarakhand. The article traces the legal journey of two Public Interest Litigations (PILs) in the Uttarakhand High Court that became the springboards through which the Ganga and Yamuna throughout their respective courses in India, and nature within Uttarakhand, were granted legal personhood. Reasons that may have led to these orders are ascertained. Connections between the PILs and the two high court orders, or their lack thereof, are analysed. Whether human rights and nature’s rights are adequately explained in the orders, and whether the basic conditions for implementing them were fulfilled before the orders were passed, is discussed. The article also examines whether Uttarakhand-centric issues of the environment, infrastructure development, climate change, and disasters are mentioned in the analysed court rulings. Whether the March 2017 orders draw from the past and address the future of growing environmental concerns in the State is discussed.

중국 민사소송에서의 온라인 증언 방식에 관한 연구

The role of witnesses in uncovering the truth of a case is very important, and witness appearances in court hold significant meaning in civil litigation. However, witnesses often hesitate to appear due to a lack of time or the court being located far away. Additionally, fear of retaliation from the parties involved leads many witnesses to refuse to testify in court. This results in a low rate of witness appearances, which is recognized as a serious issue in Chinese civil litigation. The advancement of internet technology offers a solution to this problem. By allowing witnesses to testify online, it saves time and costs associated with testifying, and reduces direct contact between witnesses and parties, effectively protecting the safety of witnesses. Therefore, this method of online testimony provides a potential solution to increase witness court appearance rates. However, the current online testimony method has issues such as unclear nature, difficulty in accurately verifying witness identity, and challenges in ensuring the credibility of the testimony. To resolve these issues, it is first necessary to legally clarify the online testimony method as a form of court appearance testimony. Additionally, measures to strengthen the verification of witness identity should be implemented. For example, legislative measures to clearly define penalties for identity theft of witnesses, reinforcing judges' obligations to verify identities, and directly connecting online litigation platforms with systems of third-party agencies like police and administrative authorities to facilitate thorough identity verification. Such measures will prevent identity theft and accurately confirm the identity of witnesses, thus protecting the legitimate rights and interests of parties and enhancing the fairness and efficiency of litigation. Furthermore, to strengthen the credibility of testimony, the following measures can be considered: 1. Establish an online oath system for witnesses, ensuring they understand the legal consequences of false testimony. 2. Emphasize the importance of adhering to court order, ensuring that witnesses follow the same rules online as they would in an offline court. 3. Adhere to the principle of isolated examination, preventing witnesses from being influenced by other witnesses or participants. 4. Utilize the cross-examination method from common law systems to enhance the credibility of testimonies. In conclusion, the method of online testimony can be a useful tool to increase witness court appearance rates, but effective utilization requires legal, technical, and institutional improvements.

Gender Marker Laws and Access to Emergency Rental Assistance for Transgender Renters in the United States During COVID-19

Barriers to changing gender markers on identification documents (IDs) create many economic challenges for transgender and gender nonconforming individuals. In the United States, each state has different laws and processes for changing the gender marker on a state ID. Using Household Pulse Survey data, this paper investigates whether transgender renters residing in states with several hurdles to changing gender on a driver’s license had a more difficult time accessing emergency rental assistance during the COVID-19 pandemic. Descriptive results from baseline logistic regression models suggest that among transgender individuals, residing in states that require proof of sex-change surgery, a court order, or an amended birth certificate to change gender on a driver’s license was associated with a lower likelihood of receiving emergency rental assistance after applying. Gender marker laws have deep consequences for housing policy: state-level considerations for the transgender population should be included in housing policy design.

Digital forensics in the context of digitalisation of modern society

The author substantiates the relevance of digital forensics in the context of digitalisation of modern society, notes the active use of digital technologies in solving various types of illegal activities in the field of computer information, and defines the concepts of “digital trace” and “digital forensics”. The author emphasises the need to develop new knowledge and developments in forensic techniques, standards and principles for evaluating and verifying collected evidence (digital traces), to carry out mandatory standardisation when working with digital information, and to consider and develop appropriate methodology for training specialists in the field of digital forensics. Attention is focused on ethical, legal and privacy issues related to the collection and use of digital data during an investigation, confidentiality and protection of personal information of persons not involved in a criminal offence, compliance of the collection and use of digital data during an investigation with certain legal norms and standards (obtaining court orders for evidence collection, requirements for information storage, observance of the rights and freedoms of persons under investigation), ensuring an appropriate level of protection, storage and transmission of personal information and restricting access to it only on certain grounds. The role of forensics in improving and increasing the effectiveness of the fight against modern crime, including war and cybercrime, through the active use of digital technologies is emphasised.

«НАКАЗ», «СУДОВИЙ НАКАЗ», «ЗАБЕЗПЕЧУВАЛЬНИЙ НАКАЗ» ЯК ВИКОНАВЧІ ДОКУМЕНТИ: ПОРІВНЯЛЬНО-ПРАВОВИЙ АНАЛІЗ

The article is devoted to a comparative legal analysis of the provisions of the Laws of Ukraine “On Executive Proceedings”, “On the Constitutional Court of Ukraine”, “On Arbitration Courts”, “On International Commercial Arbitration”, the Economic Procedure Code of Ukraine, and the Civil Procedure Code of Ukraine in the context of disclosing the issues of legal categories “order”, “court order”, “interim order”, “executive document” with due regard to the updated provisions of national procedural legislation regarding the requirements for their content, delimitation and peculiarities of enforcement. Executing proceedings are the final stage of court proceedings, so first of all, it is necessary to understand the executive proceedings of those court decisions that are problematic for enforcement due to legal gaps in their definition, interpretation, delineation and enforcement. Executing proceedings, as a set of sequential actions, have their beginning, which is impossible without an executive document. By studying the provisions of the current procedural laws, the authors conclude that “court decisions” and “executive documents” are interrelated but not identical concepts, and therefore, for proper law enforcement, their meaningful load needs to be clarified. The authors identify the gaps in legislation which have negative consequences: the use of different names in procedural codes for an executive document required for the enforcement of the same court judgments depending on the proceedings; the “form” of a court judgment and the “type” of a court judgment have different content and cannot be applied as identical; the list of enforcement documents is contained in different laws, which does not contribute to the unity of law enforcement. Based on a comparative legal analysis of the current procedural laws, the authors propose ways to eliminate legal gaps. Key words: order, court order, interim order, executive document, executive proceedings, procedural law, court decision.

Environmental and Sustainable Development Policies to Address the Pollution Catastrophe in India

Although the environment, crops, water, air, food and fiber, control the weather, and supply oxygen, its air, water, and soil are polluted too. Humans have altered about 75% of the earth, reducing wildlife and nature’s space and harming the environment. Industrialisation, urbanisation, population growth, and globalisation have affected people and the environment. This study aims to investigate the environmental and sustainable development-focussed policies to address the pollution catastrophe. The study is a content analysis of prominent online newspaper media reports from January 1, 2020, to November 30, 2022, on legal, environmental, and sustainable issues to reduce pollution and advocate an Indian environmental and sustainable development policy. Since pollution and environmental degradation pose significant threat to humanity, ecosystems, and sustainable living are at risk. Despite national and international legislative and regulatory actions, the environment remains a significant issue. An environmental strategy that encourages sustainable development for future generations is the need of the times. It was found that there were legal and environmental offenses, the management of unscientific treatment procedures, the lack of fundamental education about existing court orders, and fatality-induced health problems. Therefore, India needs an environmental and sustainable development policy to limit environmental concerns’ fatality and protect the earth from pollution.

Limitation of the right to appeal against the decision to take the case to court

Abstract The Albanian code of criminal procedure regulated with Law 35/2017, dated 30.3.2017, was amended by bringing a subject to procedural delays. The decision of the judge of the preliminary hearing is related to the acceptance of the request to send the case to trial, the dismissal of the accusation or the case and the change of the legal qualification of the criminal offense. One of the decisions that the Law has given to the judge of the preliminary hearing is the transfer of the case to the court, which takes this decision if it conclusively considers that there is sufficient evidence to send the case to trial, therefore this decision is not allowed to appeal. Therefore, the lawmaker has limited the right to appeal against this decision. The right to appeal against a court decision is one of the fundamental rights guaranteed in the Constitution of Albania, Article 43 of which sanctions that: “everyone has the right to appeal against a court decision to a higher court, except when otherwise provided in the law for minor criminal offenses, civil or administrative cases of minor importance or value”, in accordance with the conditions provided for in Article 17 of the Constitution. Referring to the Criminal Procedural Law, the Lawmaker stated that the court has a “decision” and an “order” (paragraph 1, Article 112 CPC). In disciplining appeals, the lawmaker in his article 407, paragraph 1, explicitly provided that “the Law determines the cases in which court decisions and orders may be appealed, as well as the remedy for appeal”. Referring to Article 332/g, it is provided that no appeal is allowed against the decision to refer the case to court. Therefore, due to this provision, the right of appeal is limited. This article will address the problems of bringing the case to trial without completing the necessary investigative actions, as it limits to the individual one of the rights that is not only procedural but also material such as the request for a shortened trial which brings not only economic benefits for the proceeding body but also a 1/3 reduction of the sentence for which he can plead guilty. A decision which cannot be appealed to a higher court.

NASAB OF SIRRI MARRIAGED CHILDREN FROM A FIQH PERSPECTIVE AND THE COMPILATION OF ISLAMIC LAW (KHI)

This article analyzes the fate of children resulting from unregistered marriages in a review of fiqh and the Compilation of Islamic Law (KHI). The sirr marriage polemic is closely related to the child's lineage status. Even though sirr marriages are carried out according to Islamic law, these marriages must be protected by State law in accordance with applicable laws and regulations to give them legal force, especially in relation to the child's lineage status. The aim of this research is to examine the lineage status of children from sirr marriages from the perspective of jurisprudence and the Compilation of Islamic Law. This research uses a qualitative descriptive approach to examine the lineage position of children born from sirr marriages. The results show that there are differences between fiqh and KHI regarding the fate of children born from sirr marriages. According to fiqh, all children born from marriages that fulfill the terms and conditions will be automatically assigned to their father. In jurisprudence, children born from unregistered marriages can be assigned to the father. However, in KHI, children born from unregistered marriages can be assigned to the father through a court order or istilhaq.

The end of court-ordered desegregation and U.S. children's health: Quasi-experimental evidence.

School racial segregation significantly impacts racial disparities in U.S. children's health. Recently, school segregation has been increasing, partially due to Supreme Court decisions since 1991 that have made it easier for school districts to be released from court-ordered desegregation. We investigated the association of the end of court-ordered desegregation with child health using the 1997-2018 waves of the National Health Interview Survey (N=8,182 Black, 16,930 White children). We exploited quasi-random variation in the timing of school districts' releases from court orders to estimate effects on general health, body weight, mental health, and asthma, using difference-in-differences and event-study methods (including traditional and heterogeneity-robust estimators). Heterogeneity-robust difference-in-differences analyses show that release was associated with increased school segregation, improved mental health among Black children, and better self-reported health among White children. For heterogeneity-robust event-study analyses, school segregation increased steadily over time after release, with worse self-reported health and higher risk of asthma episodes among Black children 18+ years after release. Black children's mental health temporarily improved in the short term. In contrast, White children had improved self-reported health, mental health, and risk of asthma episodes in some years. Interventions to address the harms of school segregation are important for reducing racial health inequities.

The backyard: Cumulative trauma of children from East Jerusalem who were removed from their homes

BackgroundFew studies examined child abuse and neglect and its consequences in the context of a complex socio-political reality such as East Jerusalem. Additionally, research typically addresses trauma resulting of child maltreatment from the perspective of the children. Yet, little is known about the perceptions of the parents whose children were removed from their home by court order. ObjectiveThis study explored the perceptions of families in East Jerusalem whose young children were removed from their home by an Israeli court order. Specifically, the parents' perceptions of the trauma experienced by their children and of the responses of their children to the removal from home. MethodsSemi-structured interviews with 22 caregivers (13 mothers, 8 fathers, and one aunt) of children at risk from East Jerusalem. The qualitative analysis was based on the principles of grounded theory. ResultsThe analysis of the data revealed five risk factors attributed by the parents to their children's situation: Their young age, the abuse and neglect, the secondary victimization, the removal from home, and living in a conflict zone such as East Jerusalem. ConclusionsThese risk factors of the children who are at the center of this study result in a cumulative trauma which intensifies their vulnerability. The lack of early childhood educational services in East Jerusalem places these children under the radar of the social service. Therefore, it is essential for policymakers to provide the necessary resources to these families.