Statutory Protection Research Articles

Energy efficiency retrofits versus sustainable interventions in the Greek historic building fabric. An overview

The introduction of the first Directive on the Energy Performance of Buildings (EPBD) and its consequent reforms, initiated a wide discussion on the energy efficiency and retrofit of the old building stock. As The EPBD excluded heritage buildings under statutory protection due to conservation conflicts, it soon became apparent that the old fabric and heritage value of a significant number of the old and mainly traditional buildings were at risk, threatened by incompatible interventions. Since then, a substantial amount of research projects, and initiatives were carried out, mostly examining energy efficiency and performance of the old fabric and investigating the application of energy retrofits within the frame of preservation of heritage value. However, issues such as the sustainability of the interventions, the preservation of the inherent sustainable and environment friendly characteristics, along with issues of compatibility, adaptability and resilience have not been studied extensively, even though these aspects could act as decisive parameters on the low impact operation and longevity of these buildings. The Greek old building fabric is an amalgam of integrated materials, architectural and intangible elements which express the historic and cultural evolution of the country’s built environment. This paper attempts to identify the intrinsic elements that need to be evaluated in each restoration and/or energy refurbishment work in order to dignify the proper procedures that need to be followed for low impact sustainable interventions responsive to the requirements of each certain project.

How do Adult Protective Statutes Relate to Older Americans Seeking Insurance Advice?

In the United States, no two states are completely alike in how they govern their citizenry or regulate commerce within their borders. These differences may be used to examine the effects of various laws by contrasting the differences in the way each state attempts to resolve a perceived problem and the resulting outcome. The following paper examines the relationship between consumer behavior and statutory solutions enacted to combat the problems of elder abuse, specifically financial exploitation. The statutory solutions are Adult Protective (AP) statutes. This paper focuses on AP statutes and their relationship to insurance advice seeking by older Americans. This paper finds that in under some circumstances insurance advice seeking behavior is related to the ways in which a state chooses to protect its elderly citizens from unscrupulous acts of persons or businesses. This article may serve as an opportunity for ethical professionals in financial services to understand how greater levels of regulation can result in opportunities for growth.

Religion versus Politics: An Age-Old Question with Continued Importance to the U.S. Nonprofit Classification System

ABSTRACT IRC § 501(c)(3) grants federal tax exemption to nonprofit organizations, such as public charities, private foundations, and private operating foundations. Religious organizations classified as churches receive added preferential treatment, specifically, exemption from certain filing requirements and statutory audit protection through § 7611. Section 527 grants most political organizations tax-exempt status, although they are subject to tax on some income, are not exempt from filing requirements, and do not receive tax-deductible donations. This extreme disparity in treatment may incentivize political organizations to reconfigure their missions and organizational structures to meet the litmus test for classification as a church. After the awarding of church status to some seemingly politically charged organizations, we investigate this issue and propose that it is time for the U.S. Congress and the Internal Revenue Service to revisit, evaluate, and revamp the existing system to prevent political organizations from abusing the tax provisions intended to benefit churches.

Ka mua, ka muri—Walking backwards into the future

INTRODUCTION: Spurred by critical reviews of Oranga Tamariki–Ministry for Children, Aotearoa New Zealand’s statutory child protection agency, and growing calls for services delivered “by Māori, for Māori, with Māori”, the New Zealand government is taking significant steps toward devolving responsibility for supporting the wellbeing of tamariki, rangatahi, and whanau Māori from the Crown to Iwi and Māori social service providers. Frequently overlooked in discussions of Crown–Māori partnerships are community-based Māta Waka (pan-tribal) organisations, which provide a range of much-needed services to tamariki, rangatahi and whānau Māori who are not mana whenua. The purpose of this Kaupapa Māori research was to examine the expectations that kaimahi working for a Māta Waka Kaupapa Māori service provider have of other organisations that: 1) partner with tamariki, rangatahi and whānau Māori; and, 2) partner with Māta Waka. APPROACH: Drawing on findings from wānanga with kaimahi, this article illuminates the principles and values that guide their practice, using these as a foundation for exploring the complexities, challenges, and opportunities inherent in building effective partnerships with statutory child protection services on behalf of tamariki, rangatahi and whānau Māori across differences in mandate, power, world views, and guiding frameworks or tikanga Māori. IMPLICATIONS: The study findings have implications for current Crown–Māori partnership efforts and, by extension, for the wellbeing of tamariki, rangatahi, and whānau Māori.

A STRIDE TOWARDS NEW ERA ‘SEX WORK AS LABOUR’

Sex worker is considered as the disadvantaged and vulnerable group in the society. They face discrimination and stigmatisation due to the work they perform. The exclusion in the society has resulted in criminalising and abandoning their rights as working class. The absence of statutory protection for this vulnerable sector has created a need for recognition of their labour. The Researchers has surmised the need for legal recognition to the sex workers as they need protection of majority of labour rights. The Researchers has done empirical study in identifying the social and economic position of sex workers in Trichy and Thanjavur District. Thus, this research has provided guidelines for the legal and social recognition of their labour and need for a statutory framework for sex workers.

Providing patient-centred care as Medical Radiation Practitioners to children and young persons in out of home care.

Modern healthcare focuses on patient-centred care where patients' needs, beliefs, choices and preferences are valued and lead to better health outcomes. Children and young persons in out of home care (OOHC) require more health care services compared with children from similar social and economic backgrounds. Each state and territory government are responsible for statutory child protection in Australia. If a child is unsafe in their current environment, they may be removed and placed into OOHC where they have ongoing case management with either a government or non-government agency. Complex trauma is the prolonged and uncontrolled exposure to traumatic events, like those experienced by maltreated children. Complex trauma can create a toxic stress response that produces biological alteration to the developing brain and affects the lives of the child, other family members and their descendants. Children with complex trauma often do not have the ability to regulate their responses to stimuli, reacting to minor triggers with disproportionate reactions. Many of these children will present with challenging behaviours. Trauma-informed care is a method of service delivery that seeks to actively minimise re-traumatisation. Creating a safe space is an essential element of trauma-informed care. Children with a history of complex trauma have life experiences that may be re-lived in a healthcare setting. There are ethical and legal considerations like privacy, consent and mandatory reporting when dealing with children in OOHC. By practising trauma-informed care Medical Radiation Practitioners can minimise further trauma to one of the most vulnerable population groups in Australia.

The Making and Shaping of the Young Gael: Irish‐Medium Youth Work for Developing Indigenous Identities

Identity exploration and formation is a core rumination for young people. This is heightened in youth where flux and transition are characteristic of this liminal state and intensified further in contexts where identity is disputed and opposed, such as in Northern Ireland. In this post‐colonial setting, the indigenous Irish language and community recently gained some statutory protections, but the status and place of the Irish‐speaking population continue to be strongly opposed. Drawing on focus group data with 40 young people involved in the emerging field of Irish‐medium youth work, this article explores how informal education offers an approach and setting for the development of identities in contested societies. Principles of emancipation, autonomy, and identity formation underpin the field of youth work and informal education. This dialogical approach to learning and welfare focuses on the personal and social development of young people and troubles those systems that marginalise and diminish their place in society. This article identifies how this youth work approach builds on language development to bring to life a new social world and space for Irish‐speaking young people. It identifies political activism and kinship development as key components in strengthening individual and collective identity. This article proposes a shift in emphasis from the language‐based formal education sector to exploit the under‐recognised role of informal education in the development of youth identity, cultural belonging, and language revitalisation.

ANALYSIS OF ILLEGAL INDONESIAN MIGRANT WORKERS PROTECTION BASED ON LAW NUMBER 18 OF 2017 CONCERNING INDONESIAN MIGRANT WORKERS

Indonesian Migrant Workers or Pekerja Migran Indonesia (PMI), is any Indonesian citizen who is eligible to work abroad in an employment relationship for a certain period of time by receiving wages. The placement of PMI abroad organized by PMI Service Companies must comply with the terms and procedures specified in the laws and regulations. After the conditions and procedures have been met, a work agreement is drawn up concerning the legal protection of PMI's rights. With a work agreement, PMI who works abroad will receive legal protection during pre-placement, placement period and post-placement. This study examines the arrangement of work agreements and the placement of PMI abroad, as well as the legal protection available to PMI abroad. The research methods used are the statutory approach and the conceptual approach as a support for the statutory approach. The source of writing legal materials is obtained from literature with types of legal materials in the form of primary legal materials and secondary legal materials. According to the study's findings, there are two primary reasons why migrant workers are not adequately protected: first, the government's protection statute is not being implemented correctly, and second, there is a lack of coordination among the relevant parties.

Urgensi Perlindungan Hukum Perusahaan Exchanger Cryptocurrency Terhadap Aliran Transaksi dari Pengguna Anonim Wallet Decentralize Exchange

In its development, the use of crypto assets as an option for investing has shifted to be used as a new mode of money laundering. Cryptocurrency Exchange Companies have a strategic role in terms of preventing the occurrence of criminal acts of money laundering through crypto assets, this is because cryptocurrency exchange companies as an entry point and as an initial screening for the occurrence of buying and/or buying crypto assets carried out by actors. Cryptocurrency Exchange Companies are required to be reporting parties to Suspicious Financial Transactions (TKM) in TPPU. Data analysis in this study uses qualitative descriptive analysis methods with legal, statutory, and conceptual protection approaches. The results of this study state that the Need for Legal Protection for Cryptocurrency Exchange Companies as the receiving party to the flow of transactions from anonymous users (consisting of only one line of wallet addresses with a unique combination of letters and numbers) Wallet Decentralize Exchange (Dex) is necessary for a good faith Cryptocurrency Exchange Company to report every existing transaction, even though the reporting format cannot include an identity Service users, get guaranteed legal protection so as not to be subject to sanctions, both administrative sanctions and criminal sanctions. The form of legal protection that can be given to cryptocurrency exchange companies as reporting parties, is divided into 3 (three), namely Protection due to the guarantee of the Law in the form of Release from civil and criminal claims, Protection Due to the Implementation of the TPPU Law in the form of keeping the identity of the reporting party confidential, Special Protection by the National Police of the Republic of Indonesia in the form of personal security from physical and mental threats, to property, disguise of identity and Giving information without face to face (confrontation) with the suspect or defendant.

What Protects the Autonomy of the Federal Statistical Agencies? An Assessment of the Procedures in Place to Protect the Independence and Objectivity of Official U.S. Statistics

We assess the professional autonomy of the 13 principal U.S. federal statistical agencies. We define six components or measures of such autonomy and evaluate each of the 13 principal statistical agencies according to each measure. Our assessment yields three main findings: (a) Challenges to the objectivity, credibility, and utility of federal statistics arise largely as a consequence of insufficient autonomy. (b) There is remarkable variation in autonomy protections and a surprising lack of statutory protections for many agencies for many of the proposed measures. (c) Many existing autonomy rules and guidelines are weakened by unclear or unactionable language. We conclude that a lack of professional autonomy unduly exposes the principal federal statistical agencies to efforts to undermine the objectivity of their products and that agencies cannot completely rebuff these efforts. Our main recommendations are to strengthen the role of the OMB Chief Statistician and to legislate new statutory autonomy protections, including explicit authorization for the principal federal statistical agencies that currently have no recognition in statute. We also recommend periodic assessments of the health of the federal statistical system, including not only autonomy protections and resources, but also how well agencies are satisfying data needs for the public good and using best methods to do so.

How learning from the lived experiences of child protection social workers can help us understand the factors underpinning workforce instability within the English child protection system

ABSTRACT The English child protection system continues to be the focus of national commentary in light of several high-profile deaths and the recently published reports from the Review of Children’s Social Care, and the Child Safeguarding Practice Review Panel. Whilst narratives of ‘failure’, ‘betrayal’, and ‘scandalous incompetence’ perpetuate, these forgo consideration of the complexity of child protection work, nor do they acknowledge that during the COVID-19 ‘lockdowns’, social workers remained one of the few professional groups visiting vulnerable families at home. Moreover, of the recent accounts of the lived experience of social workers, these have omitted a specific overview of what it means to be a child protection practitioner. Drawing from an original ethnography of a statutory child protection team and supplemented by follow-up interviews, the article seeks to elucidate the long-standing lived experience of a cohort of child protection social workers. It highlights a ‘tendency’ to be the target of threats and intimidation and identifies other costs in the context of health and personal relationships. The article concludes that these findings could help us better understand child protection workforce instability and the system’s reliance on agency staff – both of which continue to be identified as contributory in child death tragedies.

Ethical Need for a Fertility Decision-Aid for Transgender Adults of Reproductive Age

Ethical Need for a Fertility Decision-Aid for Transgender Adults of Reproductive Age

The Effects of Marriage and Divorce on Women's Nationality in the Iranian Law

As the first and foremost social institution, the family significantly impacts its immediate larger society. Also, the importance of family as a key figure in a healthy society and the necessity of strong relations between spouses make it imperative to devise the required legal devices. As women are prone to suffer and receive more damage in cases of family breakdown, the legislator should develop and establish more protective statutes concerning women's rights. This study uses legal research methods with a qualitative approach. To protect Iranian women's rights, the legislator distinguishes cases where an Iranian woman marries a foreign man and those where Iranian men marry foreign women. In the former case, the wife's change, or retention, of nationality is subject to the laws of the husband’s State. In contrast, in the latter case, the legislator enforces the unity of nationality principle. Marriage between Iranian women and foreign men causes women to experience many changes and limitations regarding their national and inheritance rights. Also, they may lose their Iranian nationality due to their marriage —in cases when the husband’s nationality, due to the law of the husband's State, is forced upon the wife. On the other hand, foreign women married to Iranian men, though forced to accept Iranian nationality, encounter fewer limitations resulting from marriage. Upon Divorce, they are neither forced to accept a nationality, unlike when marriage is celebrated, nor denied their Iranian nationality. They can choose whether to remain an Iranian national or recover their original nationality.

Longing for a Forever Home: Ontological insecurity is collectively produced in fixed-term supportive housing for families

ABSTRACT Increasingly unaffordable housing means that family homelessness represents an urgent issue for social policy and practice. Targeting families at risk of homelessness, Supportive Housing for Families (SHF) subsidizes leases and offers support aimed at sustaining tenancies and family unity. We explore how short-term funding cycles in an advanced welfare system impacts experiences with service delivery. Building on housing scholarship employing an ontological security lens, we interrogate the temporal dimensions of SHF, and how these are intertwined with understandings of home in spatial terms. The analyses are based on research conducted to examine a 12-month SHF pilot in Southeast Queensland, Australia. We analyse qualitative interviews conducted with families (n=17), statutory child protection officers (n=7), and SHF support workers (n=10) involved in this pilot. Findings indicate that fixed-term funding impacts every aspect of service delivery, resulting in the collective production of ontological insecurity, as families continue to long for a forever home.

Understanding the influencing factors of heritage building maintenance management: findings from developed and developing regions

ABSTRACT Heritage buildings (HBs) have been identified as iconic buildings vital to sustainable development. Unlike modern buildings that can be maintained without conserving cultural significance, HBs are typically symbols of cultural identity that necessitate specific maintenance management. While effective HB maintenance is critical, research on the influencing factors (IFs) of HB maintenance management (HBMM) is limited. This study investigated IFs in developed and developing regions, namely Hong Kong (HK) and Nigeria, to fill this research gap. First, a systematic literature review was conducted, which resulted in the identification of 17 IFs. Then, a questionnaire survey was conducted to solicit maintenance practitioners’ opinions on the effects of the IFs on HBMM. The Mann–Whitney U test was used to identify commonalities and disparities among 154 valid survey responses. The findings reveal that while the respondents agreed on some IFs’ importance, including international statutory protection guiding HB use, they held divergent opinions about other IFs, which include cultural/religious attachment to HBs. This study revealed the distinctiveness between HK and Nigeria regarding the factors influencing HBMM and provided insights for future researchers to further explore the understudied areas of HBMM. The study’s recommended measures can also help to improve and inform HBMM policy-making.

The relationship between compliance and compulsion, and dynamics of diversion, in child welfare decision-making

Abstract This article explores the relationship between (parental) compliance and (child) compulsion, within the wider dynamics of diversion, in child welfare decision-making. It examines how notions of parental compliance can be used by decision-makers to distinguish between compulsory and voluntary forms of state intervention in children’s and families’ lives. The article focusses on Scotland as a case study by drawing on empirical findings from a qualitative investigation into gatekeeping decision-making in the children’s hearings system, which found that notions of parental compliance are significant to decisions about whether to bring children within the statutory child protection system in practice. Key findings on parental cooperation, engagement, and acceptance are conceptualised as forms of ‘compliance’, linked to the existing international evidence base, and analysed in terms of state power and coercion, parental stigma and resistance in child protection processes. The relationship between parental compliance and child compulsion is scrutinised, in light of the procedural peculiarities of the Scottish system and wider proliferation of diversionary strategies aimed at reducing the numbers of children being drawn into formal child protection processes. The conclusion is that positive parental compliance may support diversion from involuntary child protection processes but there should be limits to reliance on negative conceptions of non-compliance to support direction into the statutory system.

THE MANTLE OF THE SHOP STEWARD IS NOT AN EASY ONE TO WEAR NUMSA obo Motloba v Johnson Control Automotive SA (Pty) Ltd (2017) 38 ILJ 1626 (LAC) Revisited

NUMSA obo Motloba v Johnson Controls Automotive SA (Pty) Ltd (2017) 38 ILJ 1626 (LAC) (Motloba) raises four discrete, yet interrelated issues that require close examination. The first relates to the constitutional and statutory protection accorded to trade union membership and activities. The second engages the exercise of organisational rights in the workplace. With the demise of the duty to bargain, created to breathe life into collective bargaining and provide the lifeblood to recognised trade unions in the workplace. The third brings to the surface the recurrent headache for management concerning the dual and contradictory role of the shop stewards on the shop floor. The point of immediate relevance is that, while conducting union activities, a shop steward in theory, at least, operates on equal footing with management. It merits emphasising that the theory becomes murky when the union official is also an employee. (Re Workers’ Compensation Board and Workers’ Compensation Board Employees Union (1990) 15 LAC (4th) 332, 335). Put simply, “the ordinary rules applicable to the normal employer-employee relationship are then somewhat relaxed” (FAWU v Haverstime Corporation (Pty) Ltd [2007] BLLR 638 (LC) par 42 (Haverstime)). Be that as it may, a shop steward is still an employee of a company with the usual obligation to conform to all workplace rules.Fourth, and possibly most important, shop stewards’ propensity for an “anything goes approach” in their dealing with management. The contentious issue encountered here concerns the tendency of shop stewards to exceed the bounds of acceptable conduct in fulfilling their representational responsibilities. As a result, trade union representatives have been disciplined and in extreme cases dismissed for misconduct. Accordingly, the marginal line separating insubordination and insolence, the interconnected acts of intimidation and assault, disruptive conduct in the course of collective bargaining process, misconduct at disciplinary or arbitration proceedings as well as the breakdown of the trust relationship and intolerability occasioned by dishonesty deserve critical scrutiny.

The role of the recognition of the Customary Marriages Amendment Act 1 of 2021 and wills in determining the proprietary consequences of polygynous customary marriages [Discussion of Mshengu v Estate Late Mshengu (9223/2016P) 2021 ZAKZPHC 49 (6 August 2021)

The Recognition of Customary Marriages Amendment Act 1 of 2021 amends section 7(1) of the Recognition of Customary Marriages 120 of 1998 as a sequel to Gumede v President of the Republic of South Africa 2009 3 SA 152 (CC) and Ramuhovhi v President of the Republic of South Africa 2018 2 SA 1 (CC) in which this section was declared unconstitutional on the basis that it unfairly discriminated, on the basis of gender and race, against women married in terms of customary law before the commencement of the Act. According to the Constitutional Court, these women did not have the right to possess property in terms of customary law, which left them especially vulnerable in the absence of statutory protection if their marriages were dissolved for example. The achievement of gender equality is an important transformative and social justice goal in South Africa. Over the years, the courts have reconstructed customary law to promote gender equality. Customary law traditionally did not discriminate against women and they were allowed to manage property. However, this changed after contact with colonialism where, through collaboration with African men, women were treated as minors. This was a distortion of the legal system. The problem is that all the focus, including that of the courts and the legislature, is on the distorted version of customary law, and the true version that did not discriminate against women is being ignored. Consequently, in reconstructing and creating gender equality, a new form of customary law is being created, namely constitutional customary law. The true form of customary law does not recognise private ownership of property, A person can only manage property, not own it, but through constitutional customary law, the court and legislature have imposed common law concepts such as joint and equal ownership of property. This has unfortunate consequences, such as the fact that a customary heir can alienate family property after divorce while disregarding any responsibility to the family.

Geneza prawnej ochrony polskich symboli narodowych i państwowych

There is no protection in national and state symbols in Poland, there is no long tradition, because the first statutory regulations on this issue come from the first half of the 18th century, and comprehensive statutory protection has been in effect since 1919. The practice of using the eagle symbol as a sign of the Polish state and its authorities is much longer, because in the case of the emblem it dates back to 1005, and in the case of the coat of arms to 1295. The specificity of the status of state symbols in the monarchy and the lack of legal protection of the signs of rulers and states until the 19th century, it is impossible to carry out a legal analysis and examine the scope of protection. A change in this respect took place in the 19th century, i.e. at the beginning of constitutionalism and detailed statutory regulations, including codes. In the case of Poland, issuing such regulations was impossible or possible only for short periods of time, due to the fact that Polish lands remained under partition from the late 18th century to the beginning of the 20th century. Legal acts issued in the period 1807–1832 are of particular interest. However, the tendencies to isolate and protect state symbols in the regulations of the then European countries could only be implemented in Poland after 1918.

Rokowania zbiorowe jako instrument przeciwdziałania nadużyciom w zatrudnieniu nietypowym

Collective bargaining as an instrument for counteracting abuses in atypical employment Workers working outside the employment relationship do not enjoy full statutory protection of their work. The law protects them only in selected areas (e.g. minimum hourly rate). Moreover, civil law contracts as a legal basis of employment, are often abused. Collective bargaining can play an important role in protecting workers. It can limit employment outside the employment relationship as well as guarantee certain working and pay conditions. For factual and legal reasons, the potential of collective bargaining is not used. In order to improve the situation, greater activity of social partners is needed, but also a reconstruction of the legal framework for the social dialogue.