Thesis (Ph. D.)--Columbia University, 1929. / Vita. Published also as Teachers College, Columbia University, Contributions to education, no. 330. "Bibliography of cases carried to the superior state courts of the United States (1658-1927) involving torts of school boards and school board members": p. 100-103; Bibliography: p. 133-134.

This thesis examines some flaws in the interpretation and application of the 1980 Hague Convention on the Civil Aspects of International Child Abduction ('the Hague Convention) and how this has led to the inadequate protection of children against the impact of domestic and family violence. These inadequacies have been identified in the inconsistent interpretation and application of Article 13(1) b) amongst Contracting States. This thesis seeks to address the disparity through a comprehensive analysis of the issues and its root causes, whilst conducting an empirical study with the aim of proposing policy recommendations. The demographics of taking parents shows that the majority of them are primary carer mothers as opposed to non-resident fathers. Added to this, UN global statistics reveal that 30% of women have experienced intimate partner violence and 38% of all murders of women are committed by intimate partners. It is also now recognised that violence and abuse between parents may expose a child to the grave risk of harm. Therefore, domestic violence does not have to be perpetrated on the child directly to suffer harm. The thesis derives its purpose from the conclusions of the Sixth Meeting of the Special Commission that allegations of domestic violence and the risks to the child are not always adequately and promptly examined. The thesis analyses the inconsistencies in the approach by Contracting States towards Article 13 (1) b) in cases involving domestic violence, with a particular focus on case law and the empirical survey that was carried out as a part of this doctoral research. The thesis aims to identify best practices and provide recommendations which it is hoped has influenced the Working Group in the preparation of the draft Guide to Good Practice at the Hague Conference. It is anticipated that the Guide to Good Practice on Article 13 (1) b) will greatly assist judges on measures to improve upon its interpretation and application in cases involving allegations of domestic violence. The underlying rationale is that it is possible to achieve real consistency. Judges need to be aided with a roadmap of the correct approach to analysing the grave risk of harm, whilst addressing evidential and resource issues. It is suggested that the starting point should always be an 'effective examination' of the allegations of domestic violence, rather than first considering protective measure on the basis of an assumption that the allegations are true. An “effective examination” should take place by means of a 'thorough, limited and expeditious' investigation, in line with X v Latvia (Application no. 27853/09) Grand Chamber [2013]. The recommendations put forward in this thesis combine the principle of 'effective examination' and a stronger recognition of the role of the Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children. The objective is to help unify the interpretation and application of Article 13(1) b) in cases concerning domestic violence across Contracting States.

A presente dissertação de mestrado pretende estudar o desdobramento da garantia do direito à origem de crianças e adolescentes no contexto da adoção, marcada pelo rompimento dos vínculos com a família biológica e pela irrevogabilidade, ressaltando o possível reflexo dessa opção legislativa na formação da identidade e personalidade desses sujeitos de direito. Assume-se, com tal propósito, a necessidade de uma nova visão do instituto, que contemple não apenas o seu caráter construtivo e garantista, ou seja, formação e garantia de uma família à criança ou adolescente, mas também o seu traço de desconstrução, muitas vezes pouco estudado: significa a desconstrução de um nome, uma filiação, uma origem, um passado e uma história, enquanto outros serão formados de modo ficcional. A análise da adoção sob o enfoque de solidariedade social pressupõe o conhecimento e a escuta atenta das famílias que tem seus filhos afastados do convívio e submetidos a medidas de acolhimento institucional, com o fim de aferir o sensível descompasso entre teoria e prática da doutrina da proteção integral contemplada pelo Estatuto da Criança e do Adolescente. A ampliação dos espaços para escuta de todos os atores pressupõe, ainda, o fortalecimento das capacidades de crianças e adolescentes posicionarem-se como verdadeiros sujeitos de direito quanto às questões afetas aos seus próprios destinos. Nessa linha de raciocínio, conceitos corriqueiramente invocados nos discursos forenses para fins de afastamento de pais e filhos passam por uma profunda revisão norteada pelos conhecimentos de outras áreas de ciências humanas, de modo interdisciplinar, tais como história, psicologia e sociologia. Observa-se, com destaque, a dificuldade de garantia de permanência e estabilidade em um mundo marcado por relações fluidas e voláteis, notadamente quando se trata do Direito da Infância e Juventude, formado, de um lado, por pessoas em franco processo de desenvolvimento crianças e adolescentes e, de outro, por suas famílias, como típico fenômeno social, inseridas em um processo aflitivo de afirmação de direitos. Ao final, caminha-se para a conclusão de que a figura da filiação múltipla poderia auxiliar na compatibilização do passado e do futuro de crianças e adolescentes adotados, preservando suas identidades e personalidades. / This PhD thesis intends to study the development, as far as adoption is concerned, of children and adolescents right to origin, marked by the sunder of bonds with the biological family as well as by its irrevocability, denouncing the possible reflex of such legislative options on the development of identity and personality of those legal subjects. It is hereby assumed, thus, the necessity of a new envision of this institute, contemplating not only its constructive and safeguarding character, i.e., the formation and safeguarding of the right of a family to a child or adolescent, but also its deconstructive feature, often less studied: that is, the deconstruction of a name, affiliation, past and history, while others are conceived fictionally. The study of adoption under a social solidarity scope presumes the acknowledgement and the focused listening of families which had their children separated from of their lives and submitted to institutional sheltering measures, with the purpose of identifying the reasonable gap between theory and practice, regarding the integral protection doctrine contemplated by the Children and Adolescents Statute. The amplification of spaces for listening to those actors presumes, also, the strengthening of children and adolescents capacity to position themselves as true legal subjects, in relation to questions concerning their own destinies. In that line of reasoning, commonly referred by legal opinions regarding the separation of parents and children, a profound review based on concepts of other humanities sciences is interdisciplinarily conducted, involving history, psychology and sociology. It is observed, apropos, the difficulty of safeguarding permanence and stability in a world distinguished by fluid and volatile relationships, specially as far as the Children and Adolescents Law is concerned, being composed, on one hand, by people during a direct process of development children and adolescents and, on the other, by their families, in a typical social phenomenon inserted in a distressing process of confirmation of rights. In conclusion, it is submitted that the concept of multiple affiliation could help the harmonization of adopted children and teenagers past and future, preserving their identities and personalities.

This thesis explores the participation of children within legal discourse by looking at how laws and policies engage or disengage children. The basic premise is that to understand children’s participation is to confront the discourse of children and childhood where we uncover underlying assumptions, interests and agendas that inform our conception of who the child is and what the experience of childhood entails. Specifically, the thesis examines child participation within the Philippine legal framework by looking at the status, conditions and circumstances of children in four contexts: family, educational system, work environment and youth justice system. It argues that our conceptions of children and childhood are not only produced from a particular discourse but in turn are productive of a particular construction and practices reflected in the legal system. In its examination, the thesis reveals a complex Philippine legal framework shaped by competing paradigms of children and childhood that both give meaning to and respond to children’s engagements. On the one hand, there is a dominant discourse based on universal patterns of development and socialization that views children as objects of adult control and influence. But at the same time, there is some concrete attraction to an emerging paradigm influenced by childhood studies and the child rights movement that opens up opportunities for children’s participation. In advocating for broader acceptance of the emerging paradigm, the thesis identifies distinctive understandings of this paradigm in the Philippine context. A central argument is that in reconstructing the legal discourse of children and childhood, children’s participation grounded on the emerging paradigm does not necessarily introduce “new” understandings of children and childhood in the Philippines but, in fact, confirms existing beliefs and practices that articulate deeply held indigenous relational values. Within this contextualized understanding of the emerging paradigm, the thesis articulates children’s participation as: recognition of children as rights-bearers; acknowledgment of children’s realities as lived and experienced by them; and respect for the meaningful and constitutive relationships that children establish. Consequently, the intrinsic quality and meaning of actions of the child and towards the child take on a significant legal, social and moral value.

This thesis explores the participation of children within legal discourse by looking at how laws and policies engage or disengage children. The basic premise is that to understand children’s participation is to confront the discourse of children and childhood where we uncover underlying assumptions, interests and agendas that inform our conception of who the child is and what the experience of childhood entails. Specifically, the thesis examines child participation within the Philippine legal framework by looking at the status, conditions and circumstances of children in four contexts: family, educational system, work environment and youth justice system. It argues that our conceptions of children and childhood are not only produced from a particular discourse but in turn are productive of a particular construction and practices reflected in the legal system. In its examination, the thesis reveals a complex Philippine legal framework shaped by competing paradigms of children and childhood that both give meaning to and respond to children’s engagements. On the one hand, there is a dominant discourse based on universal patterns of development and socialization that views children as objects of adult control and influence. But at the same time, there is some concrete attraction to an emerging paradigm influenced by childhood studies and the child rights movement that opens up opportunities for children’s participation. In advocating for broader acceptance of the emerging paradigm, the thesis identifies distinctive understandings of this paradigm in the Philippine context. A central argument is that in reconstructing the legal discourse of children and childhood, children’s participation grounded on the emerging paradigm does not necessarily introduce “new” understandings of children and childhood in the Philippines but, in fact, confirms existing beliefs and practices that articulate deeply held indigenous relational values. Within this contextualized understanding of the emerging paradigm, the thesis articulates children’s participation as: recognition of children as rights-bearers; acknowledgment of children’s realities as lived and experienced by them; and respect for the meaningful and constitutive relationships that children establish. Consequently, the intrinsic quality and meaning of actions of the child and towards the child take on a significant legal, social and moral value.

Thesis (LLM (Research))--Murdoch University, 2009. / Thesis submitted to the Faculty of Law and Business. Includes bibliographical references.

abstract: Many children who testify to alleged sexual abuse struggle to answer questions about touching, likely because attorneys and children may operate under different definitions of “touch.” However, little is known about how children define touch, and the most productive question type for eliciting reports of touching has yet to be determined. In the present investigation, Study 1 examined (N = 64, 5 - 12 years of age) children’s testimonies to identify the sources of misunderstanding when children report abusive touch in court. In light of the language difficulties observed in Study 1, specifically, that attorneys and children appeared to be operating under different definitions of touch, a laboratory study (Study 2) was conducted to examine (N = 95, 4 - 7 years of age) children’s definition of touch, and how children reported touching in response to open-ended wh- questions, compared to close-ended yes/no questions. Body contact (i.e., manual and non-manual touch, compared to touching with an object) was most closely representative of children’s definition of touch. Additionally, children reported touch more often, and provided more informative reports of touch, in response to wh- questions, compared to yes/no questions. These findings demonstrated that children’s definition of touch exists on a scale, and through asking specific, open-ended wh- questions attorneys can elicit reports of touching from children even when definitional discrepancies are present. / Dissertation/Thesis / Masters Thesis Criminology and Criminal Justice 2020

All branches of the military service have humanitarian transfer policies which require that consideration be given to the special educational and medical needs of dependent family members during the reassignment process. These policies may result in certain school districts serving a disproportionate number of military-connected handicapped children. Despite the federal financial assistance received by LEAs under P.L. 94-142 (Education for All Handicapped Children Act) and P.L. 81-874 (School Assistance for Federally Affected Areas) the presence of these children may create a fiscal burden on the LEAs. This study sought to determine if seven school districts in the Tidewater area of Virginia served a disproportionate number of military connected handicapped children, what the additional costs were to the LEAs to educate these children, and what percentage of military parents of handicapped children were assigned to the Tidewater area due to the special educational needs of their children. Analysis of the data indicated that 7.7% of the total military enrollment (40,824) of the seven school districts were enrolled in special education programs. This percentage is not considered disproportionate when compared with the 10.3% of the nonmilitary population enrolled in special education programs. A number of possible explanations were offered for these inconsistencies. Per pupil costs were calculated for four self-contained programs in the Newport News School Division. Analysis of the data indicated that additional costs were incurred by the LEA to educate students in these high cost programs. These additional costs varied due to differing amounts of revenue received under P.L. 81-874 and the state reimbursement formula. It was concluded that the findings_of this study would be applicable only to the Newport News School Division and to the programs and settings that were investigated. Nineteen percent of the parents of military-connected handicapped children from five school districts were surveyed. Analysis of the data indicated that 55% of those parents were familiar with the armed forces' humanitarian reassignment programs. Forty-one percent of those familiar with the humanitarian reassignment programs had requested a transfer to the Tidewater area on the basis of their child's special educational needs. A growing awareness of reassignment policies has implications for certain school divisions. These implications were presented and discussed. / Ed. D.

The purpose of this study was to verify factors which are related to the provision of special education services in Virginia school divisions and to compare obtained results with similar research completed in the era of permissive legislation by Chalfant in 1965 in Illinois. A diagnostic technique was developed to indicate the proportions of children identified as handicapped expected to be found in a school division. Indicator variables selected for inclusion in the study were average daily membership, population per square mile, median school years completed, percentage of total civilian labor force unemployed, true value of property, percent black, median household income, percentage of families in urban residence, and the Composite Index. Criteria measures included the proportion of students identified as mentally retarded, learning disabled, speech impaired, emotionally disturbed, and total proportion of all handicapped students. Indicator variables found significant to the proportion of learning disabled students were median school years completed, percent of the total civilian labor force unemployed, percent black, percent urban, population per square mile, and median household income. Median school years completed, median household income, percent black, and population per square mile were found to be significant in predicting to the proportion of students identified as mentally retarded. Indicator variables related to the proportion of students identified as emotionally disturbed included average daily memh·.~rship, percent urban, median income, and percent of total civilian labor force unemployed. A low correlation was found between proportion of speech impaired students and percentage of families in urban residence, true value of property, and average daily membership. The total proportion of students identified as handicapped was best predicted by the percent of total civilian labor force ·unemployed, percent urban and population per square mile. A special education Expectancy Index was developed to provide a comparative measure for each school division on each criteria measure. The atypical school divisions were diagnosed as having overidentified or underidentified proportions of each criteria measure. The study confirmed the methodology utilized by Chalfant and yielded an operational model for predicting certain special education services. / Ed. D.

The study focus on child pornography on the Internet as a manifestation of sexual abuse and sexual exploitation of children. The debate centres around the exacerbated effect of child pornography on victims and subsequent effects on the society. Ultimately, the study aims to highlight the various legal and non-legal responses specific to child pornography on the Internet with a view to proffer solutions to African states on how to deal with the problem. The study also lend an African voice to the ongoing debate on how to deal with the problem of child pornography on the Internet