Sorted-pareto dominance: an extension to pareto dominance and its application in soft constraints

The Pareto dominance relation compares decisions with each other over multiple aspects, and any decision that is not dominated by another is called Pareto optimal, which is a desirable property in decision making. However, the Pareto dominance relation is not very discerning, and often leads to a large number of non-dominated or Pareto optimal decisions. By strengthening the relation, we can narrow down this nondominated set of decisions to a smaller set, e.g., for presenting a smaller number of more interesting decisions to a decision maker. In this paper, we look at a particular strengthening of the Pareto dominance called Sorted-Pareto dominance, giving some properties that characterise the relation, and giving a semantics in the context of decision making under uncertainty. We then examine the use of the relation in a Soft Constraints setting, and explore some algorithms for generating Sorted-Pareto optimal solutions to Soft Constraints problems

Child protection and the ECHR: Making sense of positive and procedural obligations

The European Court of Human Rights has generated a significant volume of case law that imposes demanding standards on States Parties to prevent, investigate and remedy ill-treatment of children at the hands of private actors. However, confusion and inconsistency is evident on a number of key points. Similar cases are decided on different grounds; and the approach to whether the right to an effective remedy under Article 13 has been violated is erratic. This creates uncertainty as to what is required of States to implement judgments, and makes it more difficult for similarly situated victims to vindicate their rights without bringing repetitive applications to Strasbourg. This article provides the first comprehensive treatment of Convention obligations to protect children from ill-treatment. It identifies problematic aspects of the case law, and proffers a more coherent body of principles that would provide greater clarity regarding what the ECHR requires of States Parties in the sphere of child protection, and regarding the measures of implementation required of States in cases where violations are found

Constitutional protection of children's rights: Visibility, agency and enforceability

While almost every state in the world has ratified the UN Convention on the Rights of the Child (CRC), there is less consensus around the manner in which the rights protected by the CRC should be protected in national constitutions. To say that a constitution makes provision for children's rights is just a starting point: the extent to which a national constitution takes a genuine child rights approach will depend on the quality of the constitutional provisions in question. This paper aims to provide a typology which can be used to assess whether the approach taken by any given constitution to the protection of children's rights is in line with the child rights approach envisaged by CRC by analysing individual constitutions along three separate spectrums. The Visibility spectrum measures how visible children are in a constitutional scheme; the Agency spectrum measures the extent to which children are considered to be independent, autonomous rights holders, while the Enforceability spectrum measures the extent to which children's constitutional rights can be enforced

The right of the child to be heard? Professional experiences of child care proceedings in the Irish District Court

Article 12 of the United Nations Convention on the Rights of the Child 1989 provides that all children capable of forming views should have those views seriously considered in any decisions that affect them. Once expressed, the views of the child should be afforded due weight in accordance with his or her age and maturity. Every day in Ireland, decisions are made in the District Court concerning where a child will live and who they will live with in cases where their wellbeing is considered to be at risk. In such cases, the child's views should form a key component of the assessment of their best interests. This article presents the findings of a national empirical study which explores the individual perspectives of professionals who are directly involved in such proceedings. In particular, it aims to highlight the extent to which children are actually heard in such cases and whether the current legal framework and its practical implementation are Article 12-compliant. Based on professional experiences, the manner in which children are heard in practice in this adversarial setting will be explored with a view to reform

Child care proceedings in non-specialist courts: the experience in Ireland

It is widely accepted that court proceedings concerning child protection are a particularly sensitive type of court proceedings that warrant a different approach to other types of proceedings. Consequently, the use of specialized family or children’s judges or courts is commonplace across Europe and in common law jurisdictions. By contrast, in Ireland, proceedings under the Child Care Act 1991 are heard in the general courts system by judges who mostly do not specialize in child or family law. In principle, the Act itself and the associated case law accept that the vulnerability of the parties and the sensitivity of the issues involved are such that they need to be singled out for a different approach to other court proceedings. However, it is questionable whether this aspiration has been realized in a system where child care proceedings are mostly heard in a general District Court, using the same judges and the same physical facilities used for proceedings such as minor crime and traffic offences. This article draws on the first major qualitative analysis of professional perspectives on child care proceedings in the Irish District Court. It examines evidence from judges, lawyers, social workers, and guardians ad litem and asks whether non-specialist courts are an appropriate venue for proceedings on an issue as complex and sensitive as child protection, or whether the establishment of specialist family courts with dedicated staff and facilities provides a better solution

Representation and participation in child care proceedings: what about the voice of the parents?

In Ireland, the Constitution guarantees very strong rights to parents and the family, and there has been a long and unfortunate history of failures to adequately protect children at risk. As a result, there has been much discussion in recent years about the need to improve legal mechanisms designed to protect the rights of children. By comparison, little attention has been given to establishing whether the theoretically strong rights of parents translate into strongly protected rights in practice. This paper presents new empirical evidence on the manner in which child care proceedings in Ireland balance the rights and interests of children and parents, including the rates at which orders are granted, the frequency of and conditions in which legal representation is provided, and the extent to which parents are able to actively participate in proceedings. A number of systemic issues are identified that restrict the capacity of the system to emphasise parental rights and hear the voice of parents to the extent that would be expected when looking at the legal provisions in isolation