State Guardianship Research Articles

Identifying the Challenges in the Detection and Protection of Child Victims of Human Trafficking in Spain: A Case Study of the Southern European Border

Despite the improvements in enhanced child protection, there is an increasing concern about the vulnerability and cases of child trafficking in Spain, the southern gateway to Europe from the African continent. Analyzing 23 interviews with professionals in the field, this article identifies the factors that contribute to high levels of child trafficking in Spain. This study identifies three primary results: (1) The dangers of residential childcare as places of recruitment; (2) The southern European and Spanish border as a place of elevated risk for the recruitment of children; (3) The stereotypes regarding child trafficking make invisible male victims, other types of trafficking for non-sexual purposes, domestic trafficking, and individual trafficking. Therefore, it remains imperative to advance a set of policies that: (i) invest in specific residential childcare resources for child victims either alone or with family members; (ii) invest in smaller residential childcare to prevent abuse; (iii) invest in mentoring programs for children previously under state guardianship; (iv) improve the working conditions and the training of residential childcare staff; (v) increase the visibility and diversity of child trafficking while avoiding stereotypes; (vi) improve the regional coordination; (vii) invest in campaigns to inform children about the dangers involved in running away, exploitation and abuse.

SOCIALIZATION OF THE CHILD IN THE CONDITIONS FAMILY-TYPE CHILDREN’S HOME

The article, based on the analysis of theory and practice, characterizes the features of a child’s socialization in the conditions of a family-type orphanage.The peculiarity of the modern stage of society’s development, the contradictions of social relations, the negative effects on the social development of the individual require a deep rethinking of the mission of institutions for the socialization of children in order to create favorable conditions for their social development in modern realities.Today, questions regarding the practical implementation of provisions declared in state documents that define family policy in Ukraine remain partially unresolved. In particular, alternative forms of social protection and family arrangement for orphans – forms of care for children who for certain reasons cannot live with their biological parents (establishment of custody and care, placement in foster families, family-type children’s homes, foster families, children’s institutions with living conditions close to family ones (National strategy for reforming the system of institutional care and upbringing of children for 2017–2026).In modern realities, in conditions of priority attention to each child, one of the important tasks of the state family policy is to solve the problem of orphanhood. First of all, the social phenomenon of orphanhood violates one of the basic rights of the child – the right to family upbringing and parental care, proclaimed by the UN Convention on the Rights of the Child.The system of state guardianship of orphans and children deprived of parental care, created for decades, was oriented towards collective forms of child rearing. As a result, the format of social education (in particular, in traditional orphanages) has acquired a number of negative features, first of all, regarding the process of child socialization: children who grow up outside the family adapt much worse in society, as a rule, find it difficult to navigate the role hierarchy social ties, etc.Ukrainian and foreign experience of caring for orphans and children deprived of parental care show that it is family forms of care that are the most effective in various aspects – educational, social, economic.The development of family forms of upbringing, solving the problem of child socialization in the conditions of a family-type orphanage are topical interdisciplinary tasks of the state’s modern social policy, the need for a civilized society and human morality. The identified vital arguments determine the need to find and implement alternative measures and innovative approaches in family policy and the social sphere, which is the subject of further research.

Problems and Improvement of The Guardianship Supervision System for Minors in the Civil Code

In recent year, the issue of supervision of minor guardianship has gradually become a hot topic of discussion. To a large extent, it is related to the frequent occurrence of cases of children's injuries due to the negligence of the guardians of minors in fulfilling their guardianship duties. At present, China has established a guardianship system which is mainly based on family guardianship and supplemented by state guardianship. However, this is only the relevant provisions of the juvenile guardianship system, and the system of juvenile guardianship supervision is still scattered in the Law on the Protection of Minors, the Civil Code, and the Law on Combating Domestic Violence, etc., which is most obviously manifested in the generality and limitations of the provisions of the juvenile guardianship supervision system, and the limitations of the scope of the adjustments have led to the passivity of the minors in safeguarding their rights. Modern society advocates "children's rights-based", under this trend, the custody of minor children will not only the family within the matter, but also should be included in the adjustment of society and the state, with the help of their power to safeguard the legitimate rights and interests of minors. In this paper, we will start from the existing system of supervision of minors' guardianship in China, discuss the lack of supervision system of minors' guardianship, and put forward some suggestions for improvement.

Agricultural Distilling During the Period of the Excise System in Russia (1863–1894)

Relevance. Despite the wide coverage in the press of the process of economic evolution of distillery in excise Russia, the grounds for dividing factories into agricultural and industrial, the reasons for state guardianship of distilleries in rural areas have not received systematic scientific analysis. However, this topic is very important for understanding the essence of the excise tax. In this regard, the presented article has absolute relevance and significance.The purpose is to assess the state of agricultural distillery during the period of the excise tax system on alcohol in Russia.The objectives of the article follow from the set goal and are to: identify trends in the development of distillery production under excise duty; justify the division of factories into agricultural and industrial; explain government steps to support agricultural distilleries.Methodology. The principles of historicism and objectivity were used as methodological tools, supplemented by historical-genetic, historical-comparative, historical-descriptive research methods.Results. The wine reform of 1863 established excise rules for distilling. They were getting tougher every year. Distilleries located in landlords' estates, which smoked wine from the products of their farms, used production waste for livestock feed and for fertilizing fields, could not cope with the norms and were closed. Factories that produced alcohol for commercial purposes intensified the production process and grew quantitatively. The Ministry of Finance received requests to support agricultural-type plants. Act of June 4, 1890 He determined the legal status of agricultural distilleries and provided them with preferential taxation.Conclusion. Distillery production was improved under the influence of strict excise regulations. Distilleries of rural owners could not withstand the competition of industrial enterprises. The government showed paternalistic concern for agricultural distillery, which went against the financial interests of the state.

Aspiring to State Authority: The Autonomy of Arbitration Institutions in China

Drawing on fourteen months of ethnographic fieldwork, this article ex-amines the widespread process of officialization in China’s arbitration institutions, aiming to understand the motivations for this approach that diverges from market norms. Despite legislation from the central govern-ment advocating for greater autonomy, the reliance of many arbitration institutions on the state’s formal system remains entrenched. The article argues that this dependence is largely attributable to the aspiration of Chi-nese arbitral officials to be recognized as part of the state’s ruling regime. Self-realization in contemporary China is not limited merely to the pur-suit of self-responsibility and independence, nor is the state’s role in ena-bling or constraining these forms of freedom always consistent. The article highlights the negotiation between individual autonomy and state guardi-anship as a crucial feature of Chinese subjecthood that shapes outcomes in engaging with legal provisions.

Совершенствование инструментария оценки эффективности инновационного обеспечения промышленного развития в особых экономических условиях

The economy of the Donetsk People's Republic is currently functioning in conditions of extreme uncertainty due to prolonged military operations in the region. This circumstance encourages researchers to search for new tools for evaluating the effectiveness of innovative support for industrial development in special economic con-ditions. Within the framework of this article, it is substantiated that in modern conditions of the formation of a new technological order, the state should determine the priority directions of industrial development of the terri-tory on an innovative basis. The necessity of state participation in the organization of “growth centers”, in partic-ular, business incubators and technology parks with state guardianship, is proved. Quantitative criteria that can be used to assess the effectiveness of the technopark are analyzed. As a research task, the authors identified an attempt to assess the success of innovative projects of industrial development by taking into account the risk of military operations in special economic conditions. The application of military operations coefficient in the calculation of indicators of budgetary efficiency in the implementation of innovative projects of industrial devel-opment is justified.

Сучасний напрям державної системи соціального забезпечення та соціальної роботи з дітьми сиротами

The aim of the article is to analyze the features and specifics of the modern system of social security for orphans in Ukraine. The main legislative documents containing the main provisions on the protection of the rights of orphans and children deprived of parental care have been analyzed. State penitentiary institutions (orphanages, family-type orphanages, general and specialized boarding schools) and guardianship bodies (education and science bodies, departments (departments) for youth and sports, CSSSDM) have been established, which are responsible for caring for children, orphans and children deprived of parental rights. Priority forms of placement of this category of children have been formulated (transfer to a foster family (temporarily), establishment of guardianship, transfer to a foster family, transfer to a family-type orphanage, adoption). The further direction of development of the social security system for orphans and children deprived of parental care is determined and characterized by the implementation of the National Strategy for Reforming the Institutional Care and Upbringing of Children during 2017 – 2026. Сonditions for the development of various forms of maintenance of orphans, which are closest to family, and is represented by three stages: I stage of implementation of the strategy (2017 –2018) – evaluation of institutions and services in each region and writing regional plans; Phase II (2019 – 2024) – development of social, medical and educational services in communities with the gradual transformation of institutions in accordance with the regional plan; Stage III (2025 – 2026) – a comprehensive analysis of the situation and the definition of strategic directions.

Социальная защита детей, лишенных родительской опеки

The main directions of social protection of children deprived of parental care in Azerbaijan are considered. For this purpose, the legal and socio-economic basis for the formation of a system of social protection for children of this category was analyzed. It was determined that the meaning of social protection and assistance provided to certain groups of the population, including children who have lost parental care, is to use factors that influence the process of self-realization and the activity of a person who is in a certain stressful situation or constrained circumstances. The conclusions of this article can be applied in the practice of state guardianship of children of this category, as well as in the training and retraining of personnel in the system of their social protection. The novelty of the work done lies in the analysis of the current state of the country's social protection system related to the liberation of the lands occupied by the Armenian side, which will also affect the work with children deprived of parental care.

State Guardianship Laws and Supported Decision-Making in the United States After Ross and Ross v. Hatch: Analysis and Implications for Research, Policy, Education, and Advocacy

In the last decade, and especially after the 2013 Virginia court case of Ross and Ross v. Hatch, there has been a dramatic increase in knowledge, use, and legal recognition of supported decision-making (SDM) in the United States. SDM is a methodology in which people work with trusted friends, family members, and professionals who help them understand their situations and choices so they may make their own decisions and direct their lives. After the Hatch case, in which a young woman with Down syndrome defeated a petition for permanent guardianship by demonstrating that she uses SDM, this methodology has increasingly been considered and used as an alternative to guardianship to enable people to retain their legal rights and make life choices to the maximum extent possible. This article reviews the guardianship laws of the 50 U.S. states and the District of Columbia. Using criteria we developed, in light of the findings and values expressed in Hatch, we assessed the extent to which those laws recognize or encourage the use of SDM as an alternative to guardianship and as a means to enhance self-determination for people in guardianship. We then offer recommendations for future SDM research, policy, education, and advocacy efforts.

Обзор материалов о действующем законодательстве и практике Франции в сфере профилактики социального сиротства

The review is devoted to the description of the experience of the French Republic in the field of prevention of social orphanhood, including an analysis of the norms of French legislation that allows a child to be kept in a blood family, a legally formalized system of relations between a child, guardianship authorities, foster family and biological parents. The main directions of activity and key principles of the work of specialists of the child protection system, the grounds and criteria for the temporary removal of a child from the family, the procedure for the temporary removal and placement of a child with family assistants or in non-profit organizations, the conditions for the return of a child to parents are given. At the center of the child and family protection system is a specialized children’s judicial system, which includes judicial authorities and educational services, and centers. The main life scenarios of children at risk of deprivation of parental care who have fallen into the state guardianship system are considered. At the head of all the work is the principle that the main defenders of the rights and interests of the child are his parents, and the process of providing assistance is always based on finding a clear balance between the rights of parents and the interests of the child, and the requirements for the validity of decisions made by specialists, including judges, must be strictly observed. The practice of France is of interest in connection with the reform of the system of protection of the rights of minors, including issues of guardianship and guardianship, initiated in Russia.

Implementation of State Policy in the Field of Guardianship and Trusteeship: Regional Aspect

The objective of the work is to review the implications of the implementation of state guardianship policy in the Primorsky territory of the Russian Federation. The institution of the family is the most important factor for the development of the child's personality; its role is constantly growing in the development and education of children. Without a doubt, the family is a natural educational environment for a child who leaves his mark on his behavior and character. A special place in the modern legal system is occupied by the aspect of the right of the child and the protection of the interest that is left without the care of the parents. Methodologically, use was made of the documentary research technique close to legal hermeneutics. It is concluded that the guardianship and guardianship bodies perform a series of important functions for any civilized state, namely: identification of people who need to establish one of the forms of guardianship (adoption); adoption of such persons, as well as increased supervision of the guardian, the activities of the adoptive parents and of persons authorized by the state to care for those who need their help.

ВЗАЄМНА ДОВІРА ЯК УМОВА ВИХОВАННЯ ДІТЕЙ-СИРІТ У КОНТЕКСТІ ОСОБИСТІСНОЇ ПАРАДИГМИ

У статті актуалізовано проблему впровадження інноваційних підходів у вихованні дітей-сиріт в Україні, що перебувають в державних закладах опіки. Метою статті є аналіз особливостей формування суб’єкт-суб’єктної взаємодії вихователя та дитини-сироти на основі принципу довіри.
 Розглянуто основні положення особистісно-гуманістичної стратегії педагогічної парадигми, роль довірливих стосунків у суб'єкт-суб'єктній взаємодії педагога та вихованця. Зазначено, що виховання дітей-сиріт у контексті особистісної парадигми передбачає реалізацію принципу гуманізації виховання – сприйняття дитини як вищої соціальної цінності, визнання її прав на свободу, розвиток здібностей, виявлення її індивідуальності.
 Здійснено аналіз феномену довіри на основі психолого-педагогічних наукових досліджень. Обґрунтовано необхідність реалізації принципу довіри опікунсько-виховної діяльності, який виступає умовою результативності продуктивного розвитку особистості дитини-сироти, уможливлює творче розкриття її унікальних потреб і здібностей, активізацію її особистісного ресурсу.
 У суб’єкт-суб’єктній взаємодії вихователя та дитини-сироти довіра стимулює процес відвертості, «прозорості», саморозкриття, що виступає умовою результативності продуктивного розвитку особистості дитини-сироти. Тільки системна реалізація умов, дотримання яких забезпечить реалізацію принципу довіри у вихованні особистості дитини-сироти допоможе здійснити ефективну підтримку дітям, що залишились без піклування батьків, та підвищити успішність виховного процесу загалом.

Modern Problems of Activity of Guardianship and Custodianship Bodies

Various state authorities take an active part in ensuring the protection of families at the state level, in particular, guardianship and custody bodies perform special tasks to protect the rights and legitimate interests of minor children. This article covers the analysis of the main problems in the activities of guardianship and custody bodies.

АНАЛИЗ СОЦИАЛЬНОЙ ДИФФЕРЕНЦИАЦИИ НАСЕЛЕНИЯ В РЕГИОНЕ

The choice and implementation of the appropriate strategy for the socio-economic development of the region are fundamental for meeting the social needs of citizens. At present, when determining the vector of economic development, municipalities take into account the trends in the development of society and the social problems arising in it, as well as their economic consequences. However, the radical transformation of the social sphere, which is so important for modern society, namely its social security, does not cease to segment society into opposite strata of different status. This topic is especially relevant for modern conditions, when the state guardianship is increasing in matters of conducting a modern and active social policy. The main task in this direction is the creation of such conditions for the population of the region, which could contribute to the comprehensive development of the social sphere. The analysis of indicators of the social sphere of the Tambov region is carried out, as well as problems and tasks for their solution are identified.

How the Guardianship System Can Help Address Gun Violence.

This article shows how state guardianship law can provide a mechanism for courts to reduce gun violence by removing the right to possess firearms from individuals found, after hearing and due process, to be incapable of safely possessing them. It explores how this often overlooked body of law not only complements extreme risk protection orders where they exist, but can also be used to accomplish a portion of what such orders are designed to do in states that have not authorized them. It concludes by suggesting some modest adjustments to guardianship law and practice that would help ensure that guardianship systems interventions in this arena are fair and effective.

How to Protect the Human Rights of Children Temporarily out of Custody in the Novel Coronavirus Pneumonia Epidemic in China

In the current epidemic prevention and control of the Novel Coronavirus Pneumonia (NCP) in China, the protection of human rights of children temporarily separated from guardianship during the epidemic period has not yet attracted the attention of the state and society. Some of these children have to be separated from their parents because their parents are quarantined for suspected or confirmed NCP, or these children themselves have to be quarantined because of suspected or confirmed diagnosis of NCP. Some children’s parents are doctors, police and other front-line anti epidemic staff, therefore they have no other choice but leaving the children at home alone. There are also children whose parents and other close relatives have been infected or suspected to be infected with NCP thereby have no ability to take care of them. These children are actually out of the custody of their parents. The mental and physical health of these children are suffering from great damage. However, the absence of state guardianship, guardians’ lacking awareness of protecting children's rights, and the adverse guidance of public opinions make these children be in a struggling situation at present. The First thing we must to do is establishing a systematic national guardianship system, and make clear the temporary guardianship system. Second, expanding the interpretation of leftover children and children in difficulties in the existing laws and policies, and formulating special provisions for the protection of temporary "leftover children" during the epidemic prevention and control period should be added. Third, for the "leftover children" who are temporarily out of custody in epidemic areas, the state needs to allocate special to designate special national treatment institutions where children can receive unified treatment.

CHANGING CHILDHOOD: ‘LIBERATED MINORS’, GUARDIANSHIP, AND THE COLONIAL STATE IN SENEGAL, 1895–1911

AbstractThis article focuses on formerly enslaved children at the turn of the twentieth century, exploring their contributions to discourses about childhood, labor, and stigma in Senegal's colonial towns. Drawing on records for over 1,600 so-called ‘liberated minors’, children who entered state guardianship after official recognition of their liberation from slavery, and on a variety of other sources, the article investigates both broad trends and individual experiences of work, mistreatment, conflict, and — sometimes — defiance. I argue that while many liberated minors seemed to accept their circumstances, others complained, disobeyed, or ran away, thereby challenging lingering stigmas and highlighting ways the state fell short of the anti-slavery and humane ideals touted by some officials. Attentive, insofar as records allow, to the actions and perspectives of liberated minors, the article contributes to the growing literature on the history of children and youth in Africa and to scholarship on post-emancipation societies.

Market-oriented model of organization of agricultural services, non-profit cooperatives for the use of dairy resources

The strategic goal of economic and social policy in the countryside should be to ensure an integrated multifunctional development of communities, which would increase their role not only in the development of agricultural production, but also in other types of labor activities, and also, which is very important, to ensure a favorable environment for their living. Thus, the strategic foundation of this solution is the development of the productive forces of each rural community. Therefore, the orientation of the rural communities, especially the united ones, to its own resources and opportunities is the strategic basis for the revival of the Ukrainian peasantry, and given the amount of unemployed population living in rural areas today, it has a rational content. In this context, state aid could take part in the development of a Comprehensive rural development program and the revival of the peasantry, with regard to possibilities of each community, based on the new economic policy, the basis and strategic base of which should be mass co-operative movement. Due to the association of small rural producers, their contribution to the production of gross agricultural products will be significantly appreciable, so effective assistance to power structures of all levels, especially legal ones, could actually, in a short period of time, affect the increase in the profitability of their management, the creation of acceptable social conditions, improving their social protection, adapting and raising awareness of the latest technological solutions to increase their own production of cheap and quality products, as well as what is extremely important today is the improvement of the well-being of the peasants. A comprehensive, consolidated combination of the concrete efforts of the state and the resources that the rural population still possesses, in the name of its new territorial communities, under certain conditions, could become a major driving force in ensuring the systematic development and revival of the Ukrainian peasantry, which is one of the most important foundations of its existence. The modern village really needs development, and this development – financial, organizational, systemic and other forms of support. That is, there is a need for a coherent and systemic village development policy, or, as they call it European researchers, rural development policy, in our today's sense, as well as united territorial communities. Against the backdrop of a sharp rise in energy prices, agricultural machinery, fertilizers, feed, services, etc., low purchase prices, the lack of stable and reliable sales channels makes its production extremely ineffective. Solving similar issues in Ukraine is possible only with the state support for the development of agricultural servicing cooperatives as an important factor, increasing the competitiveness of private farms and individuals who are engaged in agricultural production, improving their socio-economic status and expanding their employment. The development of cooperation is a logical stage in the development of a market economy system in agriculture and one of the ways of integrated development of rural united communities. In particular, the success of rural cooperatives in Galicia in the first half of the 20th century showed a high level of adaptability of local economic traditions to European culture of agricultural production and successful agricultural business. This, extremely important for today's conditions, the experience of the survival of the Galician village until 1939, as well as the Ukrainian community abroad, showed that only uniting all the patriotic forces of the Ukrainian community and channeling their efforts to revive a solid, highly organized under the state guardianship and protection of the cooperative movement, will enable in the coming years to ensure sustainable development of rural communities and to solve problems of food security of the state.

Everything for the Children: Orphans Growing Up in Informal Adoptive Families in China

Most orphaned children in China are cared for by their extended families or become state wards under the guardianship of child welfare institutions. Some exceptions are children who are found and cared for by families in the community, without a formalized adoption or foster relationship. In some locations, institutions now accept guardianship for these children and support the informal adoptive family to continue to care for them. This article examines the outcomes for these children as they became young adults by comparing these 12 children raised within the system as they approach or have approached young adulthood (now aged 16–40 years-old). Some of the participants were either informally adopted or lived in institutional care. The results of this study found that the family environment was more conducive to the young people’s wellbeing as they approached or entered adulthood. The participants raised in informal care appeared to be treated similar to the biological children in these families. When the institution formalized the state guardianship responsibility, it also meant the families had state resources for support to protect the children’s rights to economic security, education, health care, and social participation. This practice by the institution supported the addition of informal adoption, as one step closer to permanency than foster care. Future implications include considering this option to help promote the family system assisting these children, families, and the state.

Социальное развитие на Дальнем Востоке: опека или выживание

The national concept of accelerated development of the Far East declares the consolidation of population and the growth of human capital through the provision of attractive conditions and high living standards in the region. Together with the state investment into large pretentious projects in social sphere, the decrease of state support to public utilities sector in the region continues. Based on the comparative analysis of state and population expenses on public utilities, the author shows real consequences of changing the parameters of for the Far Eastern households' budgets. The author concludes that decreasing the state guardianship in the public utilities sector forms a negative vector of migration mobility. At the same time ignoring the results of unified communal policy, which leads to the destruction of system of state guardianship of social sphere in the region, contradicts the spatially oriented socio-economic policy in the Russian East.