European Court of Human Rights: Gillan & Quinton v. United Kingdom - Decision Regarding Stop and Search Powers Under U.K. Anti-Terrorism Legislation
In: International legal materials: ILM, Band 49, Heft 2, S. 321-357
ISSN: 1930-6571
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In: International legal materials: ILM, Band 49, Heft 2, S. 321-357
ISSN: 1930-6571
In: Routledge studies in crime, justice, and the family
In: Routledge Studies in Crime, Justice and the Family Ser.
In: Child Care in Practice, Band 24, Heft 2, S. 148-163
ISSN: 1476-489X
In: Probation journal: the journal of community and criminal justice, Band 63, Heft 3, S. 331-346
ISSN: 1741-3079
A substantial body of research now exists indicating that parental imprisonment can produce multiple negative effects on dependent children. While the criminal justice system can respond to this post-imprisonment through positive interventions, an important question arises as to whether courts should take into account the impact of imprisonment on the children of offenders at the point of sentencing. The recognition of children's rights in many jurisdictions has prompted courts to develop approaches that take account of these important third party considerations. This article will explore how the courts of South Africa and England and Wales have made space for the rights of children of offenders within the sentencing process and consider whether Ireland might adopt such an approach. Central to this process is how relevant information regarding dependent children can best be presented to the sentencing court. The article will therefore examine the potential introduction of child impact statements into the Irish sentencing process, and the extent to which probation officers are suited to adapting their current pre-sanction report role to include child impact information.
With international human rights under challenge, this book represents a comprehensive critique that adds a social policy perspective to recent political and legalistic analysis. Expert contributors draw on local and global examples to review constructs of universal rights and their impact on social policy and human welfare. With thorough analysis of their strengths, weaknesses and enforcement, it sets out their role in domestic and geopolitical affairs. Including a forward by Albie Sachs, this book presents an honest appraisal of both the concepts of international human rights and their realities. It will engage those with an interest in social policy, ethics, politics, international relations, civil society organisations and human rights-based approaches to campaigning and policy development