Suchergebnisse

Examines the assumptions behind Barry Feld's (1999) call for abolition of juvenile courts & considers the potentially adverse impact of the criminal court alternative in the lives of young African Americans. Three assumptions are examined: (1) Criminal courts can provide substantive & procedural protections similar to or greater than those provided in the current juvenile court. (2) Criminal courts can provide shorter sentences for reduced culpability, with fractional reductions of adult sentences in the form of an explicit youth discount. (3) Treatment strategies are of dubious efficacy, & the possibility of effective treatment is inadequate to justify an entirely separate justice system. It is held here that these assumptions are erroneous, & abolition of the juvenile court could be particularly harmful to young African Americans. 65 References. Adapted from the source document.

Drug Treatment and Testing Orders (DTTOs) were introduced in the 1998 Crime and Disorder Bill and were piloted in three areas in England over the subsequent 18 months. The orders, funded by the Home Office, allow drug using offenders to be coerced into attending for treatment, to have regular urine tests and to be reviewed by the courts. In Croydon an equal partnership was set up between probation, a local statutory provider of drug services and a voluntary sector agency. Treatment plans were individualised and included a variety of treatment options. Forty-eight orders were imposed mainly for persistent shoplifting. Sixty-three percent of individuals had used heroin and 54% crack cocaine in the 30 days before the order was imposed. Ethical issues raised in coerced treatment were important for the individuals providing treatment although the clients all had to consent to treatment. The pilot programme raised issues about the nature of treatment, clinical responsibility, the selection of clients for orders and the objectives of treatment. Frequent urine testing was problematic but in the vast majority of cases clients were not breached just because of positive tests. The provision of DTTOs in an area created unacceptable inequalities in access to treatment. The paper concludes that partnership working and clear objectives are vital for treatment programmes to operate effectively. More research is needed to explore the most optimum way to deliver treatment in the context of a DTTO.

The accession of post-communist states into the Council of Europe system enlarged greatly the territory of effective protection of human rights in Europe and at the same time compelled the European Court of Human Rights to address the current effects of past violations of human rights by communist regimes. It gave the Court an opportunity to establish a legal standard of how to deal with matters such as the public presence of communist symbols and insignia, de-registration of neo-Communist parties, and the relevance of past membership in the Communist parties for an exercise of electoral rights in a newly democratized state. This opportunity was at the same time a challenge, and the Court was less than successful in meeting this challenge, despite the fact that it had already established the relevant legal standards when deciding about the cases triggered by the Nazi past. Without making it explicit, and without articulating openly the relevant differences, the Court has not established any equivalence between legal treatments of the aftermath of the two types of criminal regimes in the European recent past. The article discusses three recent cases belonging to these categories and concludes that there is a clear contrast between the Court's treatment of "post-ommunist" cases and the same Court's earlier treatment of equivalent "post-Nazi" cases; the article offers some explanations for the discrepancy which reflects a broader dualism in European collective memory of the past.

In a period of staff shortages, women
teachers are under‐represented in school
management and experience inequalities of
pay and treatment. Management training and
government policy on staffing overlooks the
possible contribution of women to
management despite the considerable evidence
available of how women are discriminated
against directly and indirectly, preventing
access into management. The development of
management concepts in education is recent
but this has re‐emphasised the masculine
associations of school leadership. Lines of
action for change have been indicated through
past developments but the changed
circumstances following the Education Reform
Act 1988 have created new difficulties for
women despite their potential as effective
managers in a changing education climate.

The new Work-Life Balance Directive includes provisions for changes in worklife balance policies to fight against women discrimination in labour market. The Directive introduces an open scope and provides a new right to carers´ leave to support relatives that need assistance for a serious medical reason. Besides, EU law promotes equal sharing of child care and flexible working arrangements. In our system, Royal Decree Law 6/2019 has introduced some of these initiatives, so the Directive is not going to have an important impact in our national legislation. However, the new rules of the Directive are only minimun requirements and they should force the revision of some measures that have a negative impact in equal treatment, as parental leave according article 46.3 of the workers´ Statute. In the same way, it is necessary to make an efford to ensure work-life balance in a complex labour market and with a very different family models. ; La nueva Directiva de Conciliación de la vida familiar y profesional trata de impulsar cambios en las políticas de conciliación para combatir la discriminación laboral de la mujer. Para ello, adopta una visión amplia de las necesidades de conciliación, incluyendo el cuidado de mayores y dependientes. Y apuesta por la corresponsabilidad y la flexibilidad en el ejercicio de los derechos de conciliación. En nuestro sistema, algunas de estas novedades han quedado incorporadas tras el Real Decreto-Ley 6/2019, por lo que la Directiva no impone modificaciones normativas de calado a corto plazo. Sin embargo, las líneas marcadas por la Directiva obligan a revisar la aplicación de algunas de las medidas en vigor que tienen, por ejemplo, un llamativo sesgo de género, como la excedencia por cuidado de hijo que prevé el art. 46.3 ET. E igualmente exigen una mayor profundización en la regulación de derechos que permitan una conciliación efectiva y equilibrada en un escenario laboral complejo y con estructuras familiares cada vez más diversas y heterogéneas.

This Essay is the third in a series of pieces assessing Equal Protection Doctrine and jurisprudence. Here, we endeavor to do two things: (1) to utilize constitutional structure, text, and history to interrogate the concept of equality protected under the Fourteenth Amendment; and (2) to critique the Supreme Court's present approach to adjudicating constitutional discrimination claims. With regard to the meaning of equality, we assert that if the text of the Reconstruction Amendments and the stated goals of Reconstruction are used to inform constitutional analysis, then equality should be understood as a substantive rather than formalist concept. Reconstruction, however, was actually a period where political equality for freed slaves was espoused alongside social norms and laws-as evinced by the Black Codes and Plessy v. Ferguson-designed to maintain segregation. Hence, we ultimately advocate for an antisubordination-i.e., focus on the ways that specific persons or groups are harmed based on difference-rather than an anticlassification-i.e., treat everyone the same-understanding of equality. We justify this position by arguing for what equality would have meant, if the country had been truly interested in the full integration of Blacks, post-slavery. Next we assess how any understanding of equality is currently obscured by the Court's insistence on using a tiered-system of analysis for suspect classification discrimination claims and its requirement of the presence of purposeful government discrimination-rather than mere disparate impact-for constitutional discrimination claims. Together, these two approaches have foreclosed all but a very narrow scope of discrimination claims. We conclude by suggesting ways the Court might alter these standards in service to a notion of equality capable of responding to the myriad forms of stigmatizing and subordinating treatment suffered by certain individuals within society.

Korea has been a constitutional democracy for just twenty years after decades of authoritarian rule. Thus, "equality" is a relatively new concept to average Koreans. Perceptions of equality and equal protection are often shaped by societal culture. Two competing forces affect the Korean situation. First, Korea has deeply embedded Confucian norms that guide contemporary attitudes and practices. Second, Korea has recently undergone a radical social transformation, resulting in changing norms. Toward a more informed understanding of how Koreans perceive equality and equality rights, this Article reports the results of a survey of Korean reactions to a hypothetical suggesting disparate treatment by a commercial airline. The survey assesses whether participants view the airline's action as (i) discriminatory and/or (ii) unlawful, and (iii) what actions they would take. The vast majority saw the action as discriminatory; a significantly smaller majority viewed it as illegal. Respondents offered many actions they would take in response. In explaining the results, this Article takes account of cultural norms attributed to Korea, the society in transformation, and changes in Korea's legal institutions during democratization.

Examines the limits of equal treatment in the context of new labour market trends and demands on social security. (Abstract amended)

The selection of people, their deployment of appropriate jobs and the determination of their duties and powers in the work process constitute a human resources policy, which essence is summarized in the gesture: "The right man in the right place". Human resources policy involves a set of activities that should ensure that the right people are in the right place at the right time, in order to carry out the planned activities and projects, through which the body will achieve its strategic goals. Individualism and equality make up the heart of decisions about who will be employed and what kind of process will effect this employment. The valuable premises of individualism encourage the establishment of a competitive recruitment process, which is thought out in order to recruit the person that is most qualified for the given position. The concept of equality, on the other hand, requires human resources policies to provide equal opportunities and access to employment in institutions for all relevant groups in society. The concept of equal opportunities in employment has a political, cultural and emotional substrate and an acronym. It is a set of procedures and practices that effectively protect a person from being excluded from employment because of its race, color, gender, religion, age, national origin or other factors that should not legally be considered in the selection of candidates. At the heart of discrimination, there is intolerance in the workplace towards those who are different. In employment, it manifests itself in failure, equals to be treated equally. Discrimination is an unequal treatment of the equal and equal treatment of the unequal. Whether it is deliberate or unintentional, any action that has the effect of restricting employment opportunities and advancing on account of one's gender, race, color, age, national origin, religion, physical disability, etc., constitutes discrimination and is illegitimate. In labor, the attributes and immanent features of the principle of equality in employment in the public administration are diligently and extensively processed, as a universally established and well-established principle in the national legislation and in the administrative architecture of almost all countries. However, the focus of the scientific research interests of the author includes the so-called affirmative measures and "positive discrimination" in employment. The intent of the affirmative measures is to encourage employers to engage a particular target group of people based on their race, gender, or their national origin, in order to reverse or neutralize the consequences of discrimination in the past. Comparatively, affirmative measures encourage dysonant explications, and they are subject to many litigation and constant political and social debate. For years, inequality in the treatment of individuals of different backgrounds is a crucial problem. And today, the concept of equal employment opportunities is in the focus of the theoreticians and the human resources departments. However, it should be emphasized that there is no universal recipe or "panacea" as to reach the best practice for equal employment opportunities. Key words: selection, equality, affirmative measures, positive discrimination.

Twenty three inmates from a rural state penitentiary with mental retardation participated in a study on the differential treatment of persons with mental
retardation by the criminal justice system. After obtaining informed consent, the
inmates were screened for appropriateness for the study using the PPVT-R, a proxy
test for IQ. The inmates were interviewed to obtain a social history and given the
CAST-MR, an instrument that measures the competency of a person with mental
retardation to stand trial. Results suggest participants may not have been competent
to stand trial, learned most of what they knew about the criminal justice system while
incarcerated, and had difficulty with interpersonal conflict and conflict with authority.
The combination of these factors suggests that clients in the study may have been
vulnerable to being coerced into confessing to crimes they did not commit. The presence
of an advocate during criminal justice system encounters may benefit persons
with mental retardation.