A fateful legacy of childhood: the deportation of non-citizen offenders from the UK

This article argues that individuals who arrive in the UK as children, or who are born in the UK to those arriving as migrants, should never be deported as a consequence of criminal offending, even as adults. When individuals arrive in the host country as children, they typically have no agency in such decisions and so did not choose to be put at the risk of deportation as a further consequence of offending, nor could they be expected to have done so. The risk of deportation was simply put on them by the actions of others and therefore they should not be subjected to an additional, discriminatory consequences for their offences. This article presents a maximalist and minimalist policy response. The maximalist response is to exclude all those who arrive in the UK as children from the legal power of deportation. The minimalist policy response is to exempt from deportation anyone who could have become a British citizen (and thus immune from deportation) but for the fact that they were a child at the earliest point at which they could have done so

Book Reviews

EARL WARREN: A POLITICAL BIOGRAPHY. By Leo Katcher THE JURY AND THE DEFENSE OF INSANITY. By Rita James Simon LAWYERS AND THE COURTS: A SOCIOLOGICAL STUDY OF THE ENGLISHLEGAL SYSTEM 1750-1965. By Brian Abel-Smith and Robert Stevens HUGO BLACK AND THE SUPREME COURT: A SYMPOSIUM. Edited by Stephen Parks Stricklan

Parents, children and the porous boundaries of the sexual family in law and popular culture

This article focuses on a perceived ideological overlap between popular cultural and judicial treatments of sex and conjugality that contributes to a discursive construction of parenthood and parenting. The author perceives that in both legal and popular cultural texts, there is a sense in which notions of ‘natural’ childhood are discursively constituted as being put at risk by those who reproduce outside of dominant sexual norms, and that signs of normative sexuality (typically in the form of heterosexual coupling) may be treated as a sign of safety. These ideas are rooted in ancient associations between fertility, sexuality and femininity that can also be traced in the historical development of the English language. With the help of commentators such as Martha Fineman, the article situates parents and children within a discourse of family which prioritises conjugality, with consequences for the ways in which the internal and external boundaries of families are delineated

Sterilization of men with intellectual disabilities: whose best interest is it anyway?

This article examines the ethical and legal issues raised by the involuntary sterilization of men with intellectual disability. It traces how, after the demise of eugenic reasoning, social policies of normalization and care in the community provided new justifications for sterilizations. It also examines how, ironically, modern arguments about promoting male sexual freedom have come to be used as a justification to sterilize. Through examination of recent cases on the sterilization of men with intellectual disabilities, this article explores the legal framework of the ‘best interests’ test and the ‘least restrictive alternative’ provisions in the Mental Capacity Act 2005 and argues that sterilization is usually unnecessary, disproportionate and not the least restrictive option. It also argues that the least restrictive alternative provisions contained in the 2005 Act need to be more rigorously applied

Fertility, Living Arrangements, Care and Mobility

There are four main interconnecting themes around which the contributions in this book are based. This introductory chapter aims to establish the broad context for the chapters that follow by discussing each of the themes. It does so by setting these themes within the overarching demographic challenge of the twenty-first century – demographic ageing. Each chapter is introduced in the context of the specific theme to which it primarily relates and there is a summary of the data sets used by the contributors to illustrate the wide range of cross-sectional and longitudinal data analysed

Regulation of biological paternity investigation: comparative perspective

O objetivo deste artigo analisar comparativamente a legisla o relativa investiga o de paternidade biológica de crianças nascidas fora do casamento no brasil e em países europeus, com base em pesquisa de documentos legislativos pela internet e na consulta de bibliografia jurídica no mbito do direito da família. Foi elaborada uma tipologia legislativa verdade biológica absoluta e verdade biológica relativa atendendo s seguintes variáveis: formas de atribui o da paternidade (voluntária/ordem do tribunal); tipo de consentimento exigido para realiza o do teste genético (voluntário/forçado); autor da investiga o (estado/outros); e limite temporal da investiga o (existência de prazos processuais/ausência de prazo processual). A verdade biológica absoluta ocorre quando a investigação de paternidade decorre obrigatoriamente, podendo ser ordenado e forçado pelo tribunal o recurso ao teste genético. observou-se a prevalência da verdade biológica relativa. Em todos os países analisados verificou-se que o recurso ao teste genético preponderante no estabelecimento das relações de filiação. Mesmo em países em que necessário o consentimento para a realização de teste de DNA existem modalidades de submiss o mais subtis, que incluem a aplicação de multas ou a gera o da presunção da paternidade com base na recusa em realizar exame genético.The aim of this article is to do a comparative analysis relative to the investigation of biological paternity of children born out of wedlock in Brazil and european countries, based on the research of legislative documents through the internet and the consultation of legal bibliography in the area of family law. The legislative typology was made - absolute biological truth and relative biological truth according to the following variables: forms of paternal attribution (voluntary/court ordered), type of demanded consent for the performance of the genetic test (voluntary/forced), author of the investigation (state/other) and the time limit of the investigation (existence of process deadlines/no process deadlines). The absolute biological truth occurs when the investigation of paternity is compulsory and the court might order and force the submission to a genetic test. The dominating trend is relative biological truth. In all analysed countries it has been verified that the resource to genetic testing is preponderant when establishing affiliation relations. Even in countries where it's not possible to force an individual to the submission of a genetic exam, there are more subtle ways of submission, that include the application of fines or the assumption of paternity based on a refusal to perform the genetic exam.info:eu-repo/semantics/publishedVersio

Deciding Together?:Best Interests and Shared Decision-Making in Paediatric Intensive Care

In the western healthcare, shared decision making has become the orthodox approach to making healthcare choices as a way of promoting patient autonomy. Despite the fact that the autonomy paradigm is poorly suited to paediatric decision making, such an approach is enshrined in English common law. When reaching moral decisions, for instance when it is unclear whether treatment or non-treatment will serve a child’s best interests, shared decision making is particularly questionable because agreement does not ensure moral validity. With reference to current common law and focusing on intensive care practice, this paper investigates what claims shared decision making may have to legitimacy in a paediatric intensive care setting. Drawing on key texts, I suggest these identify advantages to parents and clinicians but not to the child who is the subject of the decision. Without evidence that shared decision making increases the quality of the decision that is being made, it appears that a focus on the shared nature of a decision does not cohere with the principle that the best interests of the child should remain paramount. In the face of significant pressures toward the displacement of the child’s interests in a shared decision, advantages of a shared decision to decisional quality require elucidation. Although a number of arguments of this nature may have potential, should no such advantages be demonstrable we have cause to revise our commitment to either shared decision making or the paramountcy of the child in these circumstances

What's the point of parenthood? The agreed parenthood provisions under the HFE Act 2008 and inconsistency with intention

This article illustrates the inconsistencies of the current law relating to intention as the basis for agreed parenthood. I argue that the courts are not always faithful to the underlying policy of recognising intention to attribute legal parenthood, in particular where the putative parents’ relationship has broken down. I claim that it is problematic to prioritise certainty of the existing inadequate procedural conditions at the expense of certainty for the child’s identity. A much clearer articulation of how intention is enshrined as the basis of parenthood is needed