Statutory Protection Research Articles

Extending Statutory Protection to Action Short of Dismissal for Participating in Industrial Action: The Supreme Court on the Right to Strike in Secretary of State for Business and Trade v Mercer

ABSTRACT The Supreme Court in Mercer v Secretary of State for Business and Trade found there was a violation of the right to strike, under article 11 ECHR, when there is no legal protection against detriment short of dismissal for taking part in industrial action. Section 146 Trade Union Labour Relations Consolidation Act (‘TULRCA’) 1992, as currently construed, does not cover this situation. While the Supreme Court agreed with the Court of Appeal that it would not be appropriate to use section 3 Human Rights Act (‘HRA’) 1998 to re-interpret section 146 TULRCA in a Convention-compliant way; unlike the Court of Appeal, the Supreme Court issued a rare declaration of incompatibility under section 4 HRA. It is suggested in this note that Mercer is significant for two main reasons. First and foremost, Mercer is significant for the Supreme Court’s recognition of, and finding of, a violation of, the right to strike. Second, Mercer contributes to the wider debate about the interplay between sections 3 and 4 HRA. The final part of the note reflects on the Supreme Court’s interpretation of Strasbourg case law whereby the Court in Mercer found article 11 ECHR requires stricter protection in this respect for public authority workers.

Confronting our failures: Tensions in remedying systemic discrimination in Canada

This article examines the complexities of providing remedies for systemic discrimination in light of evolving understandings of equality and justice. Despite constitutional and statutory protections affirming the right to live free from discrimination, there remains a significant gap between recognizing systemic discrimination and implementing effective remedies. The 2021 case of Canada (Attorney General) v. First Nations Child and Family Caring Society of Canada serves as a focal point to highlight the shortcomings of the current remedial framework, which often prioritizes corrective over transformative justice, reflecting a formal rather than substantive approach to equality. In this case, the Canadian Human Rights Tribunal found that Canada’s inequitable funding of First Nations child welfare services was discriminatory on the grounds of race and national or ethnic origin. It ordered Canada to compensate every child impacted, while simultaneously imposing systemic remedies such as reforming federal funding policies. By exploring the Tribunal’s decision to uphold both individual and systemic remedies, the paper argues for a more integrated approach that moves beyond the dichotomy of individual versus systemic discrimination. It advocates for co-designed remedies informed by the perspectives of affected communities, calling for a shift in how systemic discrimination is addressed within Canada’s legal framework.

Securing Clinical Data in Honduras: Exploring Cybersecurity Regulations and the Role of Blockchain

The existence of cybersecurity regulations in Honduras aimed at safeguarding clinical data remains uncertain, leaving the populace’s health information vulnerable due to the absence of robust legal frameworks. This study sheds light on the current landscape concerning health information protection in the country, underscoring its profound impact on securing medical information systems and the realm of Internet of Things (IoT). It underscores the potential of blockchain technology to provide an innovative solution to address security challenges in this domain. Employing a systematic approach, the research delineates a timeline to elucidate the evolution of legal measures against cybercrime in Honduras, consolidating pertinent governmental documents associated with cybersecurity and the protection of medical data. Furthermore, it underscores the healthcare sector’s susceptibility to cyber threats and the primary privacy apprehensions pertaining to IoT applications in medicine. The study concludes that Honduras lacks a dedicated data protection statute, posing a significant impediment to cybersecurity regulatory efforts. This legal void impedes the effective implementation of measures to safeguard clinical information and shield it from potential cyber risks amidst the proliferation of IoT initiatives and healthcare-related ventures. Nonetheless, this circumstance may present an opportunity for the adoption of technologies such as blockchain. By enabling the establishment of tailored regulatory frameworks, blockchain can adapt to its unique attributes, thereby facilitating its integration in fortifying clinical data protection and enhancing overall cybersecurity protocols.

Approaches to Supporting Young People in Out-of-Home Care Who ‘Self-Place’ in Unapproved Locations: Perspectives of Statutory Child Protection Practitioners

Abstract The responsibilities of statutory child protection practitioners (SCPPs) include supporting the care and protection needs of young people in out-of-home care. SCPPs face challenges in responding to young people’s preferences and rights to self-determination within child protection systems that are often risk averse. This article considers SCPPs’ approaches to working with young people who leave approved placements to stay in other, unapproved locations. This phenomenon is referred to as ‘self-placing’ in Queensland (Australia), where this study was conducted. These young people are often disconnected from support, at increased risk of homelessness and exploitation, have increased contact with the justice system, disengage from education, face barriers to mental and physical health care and experience ongoing trauma and crisis. We draw on data from seven focus groups conducted with twenty-six practitioners from Queensland’s child protection authority to explore how they work with this cohort. Our findings highlight the discomfort that SCPPs experience, due to concerns about risk and a lack of formal practice guidelines. Despite sharing concerns for the safety of young people, SCPPs adopt different approaches to manage the complexities of this work. Understanding these practices can assist in developing more responsive policies and practices for supporting this cohort.

Working Individually and Collectively: Assisting Young People with Cognitive Disability Transitioning from Statutory Systems

AbstractYoung people with cognitive disability exiting statutory child protection and/or youth justice systems are a particularly vulnerable group. They have varied, complex and dynamic needs. These are often poorly responded to, due in part to a lack of formal and informal supports. There remains a lack of specialised supports and a dearth of evidence regarding best practice in supporting this group. This paper explores social work practices which respond to the social isolation of this cohort and the gap in support as young people transition to adulthood. The paper focuses on a group program in Queensland (Australia) which was specifically designed to support young people with a cognitive disability leaving child protection and/or youth justice systems. It reports on a subset of data from a mixed-methods study. It presents the perspectives of the young people and their practitioners regarding the practices that supported the engagement of young people and created opportunities for connection and skill development within the group program. The findings highlight the importance of relationship-driven practices that are supported and resourced by the organisation, and the need for parallel individual and group work processes for achieving positive outcomes with young people with cognitive disability transitioning from statutory systems.

Occupational Health and Safety in the RMG Sector of Bangladesh: An Enormous Order

Today it’s a matter of concern to ensure the occupational health and safety in the Ready Made Garments (Hereinafter referred to as RMG) sector of Bangladesh. Some accidents such as the Tazrin Fashion Fire and the Rana Plaza collapse draw attention - to the critical situation the workers of Bangladesh are working in, and to what extent they are at risk. It's a matter of regret and shame that, it has been forgotten that the RMG sector not only contributes to our national economy but also emancipates the poor people from poverty and hunger, This sector also highlights our country in front of the world. Textiles and clothing account for earnings a lot in Bangladesh, where most of these come from the apparel sector. This sector has a crucial role in alleviating poverty in Bangladesh. However, rapid growth, as well as the failure of the Bangladesh government to enforce its building and labour regulations, resulted in worker abuse and unsafe for poorly constructed factories. This series has been elucidated to what extent occupational health and safety covered and their impact, also focuses on how the rights of the worker are violated and analysis the duties and responsibilities of the related persons such as occupiers of the factories, Trade Unions, Collective Bargaining Agent, Inspector, buyer and so on. It also focuses the statutory protection to ensure Occupational health and safety. Finally, put some recommendations or ways out to ensure the safe and sound working conditions of the workers of the RMG sector in Bangladesh.

The Regulation on Sexual Harassment in ASEAN Workers: Evidence from Several Countries

Despite the existence of numerous laws and regulations that govern policy arrangements for the management of sexual harassment cases, victims still lack access to justice. This research examines the rules governing the management of sexual harassment cases in the workplace, with a particular emphasis on ASEAN member countries. This research employs normative juridical methods, which include statutory, conceptual, and comparative approaches. The research results show that, despite the existence of the 1955 Employment Law and Criminal Code in Malaysia, the incidence of sexual harassment continues to rise. To address this issue, it is critical to involve all employees in the development, execution, and oversight of workplace policies. Second, Singapore's primary law for dealing with sexual harassment, the Protection from Harassment Act, is accompanied by an employment law. Nevertheless, there are apprehensions regarding the inadequate remedies, uncertainty, and statutory protections against harassment, particularly in the workplace. Third, Indonesia has implemented numerous laws and regulations to manage sexual harassment cases. However, the government still faces challenges, such as an incomplete and insufficient legal framework, which results in victims being denied justice. Fourth, the effective implementation and protection of women's rights necessitate a comprehensive approach that considers cultural sensitivities, regional dynamics, and international norms to reconstruct sexual harassment regulations in ASEAN countries. As a result, it is critical to establish an anti-sexual harassment organizational culture and restructure sexual harassment regulations to protect victims' rights.

Legal Protection against Retaliatory Firing Improves Workplace Safety

Abstract Workplace safety policies are designed to ensure that employers internalize the costs of injuries, but employers can undermine these policies with threats of dismissal. We show that states’ adoption of the public policy exception to at-will employment—an exception forbidding employers from firing workers for filing workers’ compensation claims or for whistleblowing—led to a substantial reduction in injuries. The widespread adoption of the public policy exception explains 14% of the decline in fatal injury rates between 1979 and 1994. Statutory protections from retaliatory firing also improved safety, but only when employers faced sufficiently strong penalties for violating them.

Supporting High-Risk Families Through a Pregnancy Family Conferencing Model: Experiences of Professionals

ABSTRACT Effective child protection responses in the perinatal period can reduce the need for long-term service intervention. A Pregnancy Family Conferencing (PFC) initiative was established in one Local Health District in Sydney, New South Wales, Australia, by child protection and health services to facilitate strengths-focused planning with families identified as high risk. This qualitative study explores the experiences of professionals engaged with PFC. Findings highlight the importance of hope, building trust in difficult circumstances, and ensuring transparency, with benefits for interagency partnerships and finding meaning in the work. Findings have implications for services seeking to support families engaged with statutory child protection services during the perinatal period. IMPLICATIONS PFC provides an alternative model for child protection and health systems, promoting collaborative decision making through a strengths-based framework to benefit families and children. The findings show that PFC participation also can benefit professionals through the formation of trusting interagency and interdisciplinary collegial relationships, and working effectively with families to reduce risks.

Addressing Criminal Liability for Misuse of Trade Secrets Under Australian Law: Is the Current Legal Framework Adequate to Protect the Interests of Owners of Trade Secrets?

The emergence and dominance of knowledge-based economies have heightened the importance of trade secrets as a “currency” for attaining competitiveness in the market and driving innovation. Yet espousing policies to govern trade secret protection, especially in the criminal law sphere, was not something on which legislative and regulatory policymakers traditionally focused. Recent legislative incentives at a global level have caused the tide to shift and, after decades of being somewhat neglected, the questions pertaining to criminal liability for trade secret misuse are finally gaining attention. The Australian response to recent initiatives ensued in 2018 with the enactment of the National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018 (Cth) (“EFI Act”) which introduced the first statutory provisions dedicated to criminalisation of state-sponsored theft (economic espionage) of trade secrets. This Act, however, does not provide a comprehensive legal framework to address criminal liability for trade secret misuse, as it leaves outside the scope of its regulation the criminalisation of the theft of trade secrets by individuals for their own benefit. This paper analyses the adequacy of the Australian legal regime concerning criminal liability for trade secret misuse. The analysis is informed by a comparison of the legal provisions of the Australian trade secret regime with that adopted in the United States (“U.S.”) which currently offers a comprehensive framework of protection and criminalises economic espionage as well as the theft of trade secrets. This comparative analysis serves to determine: first, whether the “one way” avenue of statutory protection under Australian law suffices to protect the interests of the owners of trade secrets; and, second, whether a potential reform of the regime designed to include dedicated statutory provisions to criminalise the theft of trade secrets, as is the case in the U.S., could potentially afford a more adequate protection of the interests of trade secret owners.

Learning from casework in child protection: the view from within

ABSTRACT Child protection is a complex and sensitive practice. The core responsibility is the care and protection of children and young people who have been subject to, or who are at risk from abuse and neglect. The work involves investigating allegations of harm, preparing for, and making representations to the legal system, and case planning and management across a continuum of complicated care interventions. Caseworkers’ learning for child protection services is evident in a range of literature investigating multiple learning processes such as university preparation, student placements, professional supervision, training, and other post-qualifying professional development experiences at work. Much of this literature reflects an orthodox conception of learning as mentalistic and individualized. This study offers an alternative view of learning grounded in the work experiences of caseworkers themselves. It uses practice theory as a lens through which the phenomenon of learning in statutory child protection casework is explored. The findings foreground the embodied and experiential dimensions of learning in casework, transpiring through deep familiarity with the social and material situatedness of casework activity, as a form of doing and being-in-the-world.

Legislating for Good Governance in the Pharmaceutical Sector through UN Convention Against Corruption (UNCAC) Compliance

ABSTRACT Pharmaceutical sector corruption undermines patient access to medicines by diverting public funds for private gain and exacerbating health inequities. This paper presents an analysis of UN Convention Against Corruption (UNCAC) compliance in seven countries and examines how full UNCAC adoption may reduce corruption risks within four key pharmaceutical decision-making points: product approval, formulary selection, procurement, and dispensing. Countries were selected based on their participation in the Medicines Transparency Alliance and the WHO Good Governance for Medicines Programme. Each country’s domestic anti-corruption laws and policies were catalogued and analysed to evaluate their implementation of select UNCAC Articles relevant to the pharmaceutical sector. Countries displayed high compliance with UNCAC provisions on procurement and the recognition of most public sector corruption offences. However, several countries do not penalise private sector bribery or provide statutory protection to whistleblowers or witnesses in corruption proceedings, suggesting that private sector pharmaceutical dispensing may be a decision-making point particularly vulnerable to corruption. Fully implementing the UNCAC is a meaningful first step that countries can take reduce pharmaceutical sector corruption. However, without broader commitment to cultures of transparency and institutional integrity, corruption legislation alone is likely insufficient to ensure long-term, sustainable pharmaceutical sector good governance.

Children dually involved with statutory child protection and juvenile justice in Australia: A developmental cascade framework

Children who experience dual involvement by child protection and juvenile justice statutory systems have poorer life outcomes attributable to higher levels of disadvantage and more complex needs compared to single system involved children. Literature regarding dual involved children in high income, western, and democratic nations are largely based on US studies. Whilst child protection and juvenile justice systems across the United States, United Kingdom, Canada, New Zealand, and Australia have somewhat similar legislative systems, cohort outcomes and relationships between risk factors and offending trajectories for dual involved children are influenced by differing legislative, geographic, and demographic contexts. Compared to international literature, significant gaps exist regarding the Australian context. Further, within Australia, there are no evaluated specific responses and/or strategies directed towards supporting this highly vulnerable cohort towards increased long-term positive outcomes. This is the first comprehensive review of Australian studies that examines the characteristics of children who have had dual involvement with juvenile justice and child protection agencies within Australia. Using a thematic analysis twenty-five studies with dual involved samples were analysed, examining the individual, familial, environmental, and systemic factors that contribute to the likelihood of children becoming involved in both child protection and juvenile justice systems within Australia. Six thematic factors emerged that characterised the trajectories of dual involved children: cumulative and destabilising adversity; maltreatment timing and type; offending onset and context; educational disadvantage and disengagement; co-occurring challenges; and First Nations overrepresentation. Our findings are applied to Developmental Systems Theory, extending on previous literature to depict an Australian first developmental cascade framework illustrating the context specific pathways of dual involved children and opportunities for intervention in Australia. The discussion highlights and compares differences between Australian and international contexts with the intention of emphasising key areas for future research, and policy and practice reform. This is important because of the nuanced differences between dual involved characteristics across different legislative and geographic contexts, with particular relevance to the experiences of First Nations children and families. Future research, policy and practice would benefit from continued reforms that focus resources on co-ordinated system responses and cohort specific services; namely, culturally appropriate diversion strategies that promote behavioural de-escalation and educational engagement.

Impacts on paediatricians testifying in cases of child maltreatment: protocol for a systematic review

IntroductionPaediatricians perform medical assessments for children in cases of suspected child maltreatment. Due to their role with statutory child protection agencies and police, paediatricians may be asked to testify in...

A naturalistic evaluation of parent-child interaction therapy (PCIT) and PCIT with trauma-directed interaction (PCIT with TDI) in Australian children exposed to abuse and neglect

BackgroundTo optimize PCIT treatment with children exposed to abuse and neglect, PCIT with Trauma-Directed Interaction (PCIT with TDI) was created. ObjectiveThe current study was a quasi-experimental cohort study (PCIT and PCIT with TDI treatment groups) with pre/post-treatment comparisons. The study was conducted in a statutory child protection agency and was a naturalistic evaluation of the outcomes achieved by this service. The outcomes under investigation included caregiver and child posttraumatic stress symptoms, child behavior problems, parenting stress, caregiver mental health, child protection notifications, and placement permanency goals. Participants and settingChildren were included in the study if they were aged between 2 and 7 years, had behavioral difficulties or trauma symptoms and/or their caregivers were experiencing parenting stress. MethodsFamilies were allocated to treatment group by clinician availability/preference (i.e., preference allocation). Caregivers were asked to report on child posttraumatic symptoms and behavioral issues; and to self-report on posttraumatic stress, general stress, parenting stress, and depression and anxiety at prescribed points in treatment. FindingsSixty-eight children and their caregivers were treated with either PCIT (n = 22) or PCIT with TDI (n = 46). Statistically significant changes were observed for both treatment conditions for some of the outcomes of interest for both children (i.e., child behavioral problems, posttraumatic stress) and their caregivers (i.e., general stress, posttraumatic stress). There was no significant main effect of treatment on any of the outcomes of interest. ConclusionFuture research should include a randomized controlled trial to adequately determine the efficacy of PCIT versus PCIT with TDI with this population.

The heuristic divergence between community reporters and child protection agencies: Negotiating risk amidst shifting sands

BackgroundChildren enter the statutory part of ‘notify-investigate’ child protection systems via the reports of others, combined with acceptance by the statutory agency. This key nexus determines entry or deflection from statutory child protection services. ObjectiveTo examine the decision reasoning and processes of community (non-governmental organisation) workers that underpin reports to statutory services. Participants and settingParticipants are non-governmental organisation (NGO) workers in Aotearoa New Zealand. MethodsThe methods are focus groups, interviews and a ‘think – aloud’ vignette-based protocol, used to elicit reporting decision rationales and experiences. Theoretical concepts of heuristics, institutional co-responsibility, and policy change are used to explore the study findings. ResultsMost cases are reported only after NGO workers ‘build a picture’ in the context of relationships with families and efforts to address risks. Reporting is a last resort option and occurs after ‘tipping point’ changes in the balance of protective and risk factors. Participants note a rising threshold and changes to the criteria for report acceptance by Oranga Tamariki (the statutory agency) in recent years, due to changing policy aims, abuse definitions, an ‘add value’ principle, and workload pressures. This heuristic change results in many reports not accepted or acted on, leading to frustration, anxiety, and ethical ambivalence for NGO workers. ConclusionsThe rising threshold and ‘adding value’ principle while aimed at collective responsibility to family issues, is perceived by NGO workers as a deflection heuristic by Oranga Tamariki. In their view, it is applied too broadly, acts as a blunt tool that does not account for differences in role and power, and is used to deflect risk responsibility. Implications for children and whānau, (extended families) the possibilities for ‘co-responsibility’, ethical reasoning, and the data generated by reports are discussed.

Parental decision making about safer sleep practices: A qualitative study of the perspectives of families with additional health and social care needs.

Despite a decline in Sudden Unexpected Death in Infancy in the UK since 2004, inequalities have widened with higher rates among families from deprived backgrounds and those known to child protection services. Almost all cases involve parents who had engaged in unsafe sleeping practices despite awareness of safer sleeping advice. To understand the perspectives surrounding safer sleep of families supported by statutory child protection agencies, and use behavior change theory to inform how approaches to providing safer sleep advice to these families may be modified. We interviewed 14 mothers, 2 fathers and one grandmother, who had recent contact with child protection services in northeast England. In-depth, semi-structured interviews, with purposive sampling. The COM-B model (Capability, Opportunity, and Motivation) structured our analysis. Parents described how anxiety, sleep deprivation, settling infants, illness, and a desire to bond with infants influence their decision making about sleep. Parents valued credible, trusted sources and understanding how safer sleep practices protect infants. Responses to questions about 'out of routine' situations suggested social pressures surrounding routines and 'good parenting' may preclude parents from acknowledging risks and planning for these situations. Open conversations tailored to the needs of families, focused upon understanding why and when parent(s) do or do not follow safer sleep guidance seem a promising way of promoting safer sleep practices. Safer sleep discussions with these families are likely to be best delivered as part of wider infant care by professionals who have an established and continuing trusting relationship with parents. While advice and information should be provided by any professional in contact with the family with the necessary expertise, sensitive conversations around sleeping practices, particularly co-sleeping, may be more easily facilitated by professionals where the statutory responsibility for safeguarding is less apparent.

Demanding Change of Colonial Child Protection Systems Through Good Trouble: A Community‑Based Commentary of Resistance and Advocacy

Aboriginal and Torres Strait Islander communities, led particularly by Grandmothers and Aunties, have persistently challenged statutory child protection systems and the harms they inflict on our children, families, and communities. Reflecting on our own experiences advocating for Aboriginal families and communities at the practice and systems level, this paper explores a reflective commentary approach concerning opportunities and challenges of community-based advocacy toward substantive sustained change. We note how the voices, experiences, and expertise of Aboriginal and Torres Strait Islander people continue to be marginalised or ignored by non-Indigenous authorities, colonial systems, and practice. Despite the apologies and promises of successive governments, contemporary systems continue to reflect “past” approaches. In this context, we honour the strong women who have, and continue, to stand up for their children, families, and communities, further rallying for ongoing resistance and reform.

Current approaches addressing oral health practitioners' responsiveness to child abuse and neglect: A scoping review protocol.

Child abuse and neglect (CAN) poses significant risks, causing severe and long-lasting effects on a child's well-being, including physical and mental health and learning and socializing capabilities. Oral health practitioners (OHPs) uniquely position themselves to identify signs of maltreatment in the orofacial area, offer appropriate support, and collaborate with a multidisciplinary team. The literature has shown that OHPs under-report child protection concerns to a statutory child protection agency. Responding to CAN is often hindered by various factors, such as the fear of making false accusations and insufficient knowledge to detect and report potential cases. However, the literature lacks a comprehensive understanding of the strategies and interventions that can address the responsiveness of OHPs and other professionals to child protection issues. This scoping review aims to provide a broad overview and map the literature on the existing approaches to enhance the responsiveness of OHPs in child protection. The proposed scoping review will be conducted following the JBI methodology for scoping reviews guideline and reported using the PRISMA-ScR guideline. The first exploratory search is conducted to refine the search strategy and inclusion and exclusion criteria. The second search will include MEDLINE (EBSCO), CINAHL (EBSCO), Dentistry & Oral Science Source (EBSCO), Cochrane Library, and Scopus, with a date range from January 2000 to March 2023. The third search will involve reference list searching and gray literature searching in Google and Google Scholar. Government and international health organizations' websites will be searched for policies and guidelines. The review will consider studies that report the current approaches to address OHPs' responsiveness to CAN in any setting. Two reviewers will independently select sources and extract data. Any disagreements will be resolved by consensus of the research team. The extracted data will be presented in a tabulated chart with a narrative summary.

Analysis of the Advantages of Trademark Registration Offer Compared with Relying on Unfair Competition or Passing-off to Enforce Rights over Trademarks

Compared with relying solely on unfair competition or trademark infringement to maintain brand rights, trademark registration has obvious advantages. It provides statutory protection, ensuring that the rights of trademark owners are guaranteed by law. This registration also grants the exclusive right to use the mark, preventing others from using similar marks that may cause confusion. One of its most important benefits is the presumption of validity in court, thereby putting the onus on the challenger to prove otherwise. Once a trademark is registered, it is protected nationwide, regardless of where it is first used. In the event of infringement, a registered trademark can secure greater damages, potentially deterring illegal use. The enforcement procedure for registered trademarks is more streamlined, which facilitates faster resolution of issues. Registration can be a springboard for international expansion, allowing businesses to register trademarks in other countries more seamlessly. Essentially, for businesses keen to maintain their brand reputation and image, trademark registration is a better choice due to its comprehensive advantages.