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Redressing Institutional Abuse of Children by K. Daly Pdf
Winner of the Christine M. Alder Book Prize in 2015 from the Australian and New Zealand Society of Criminology Historical abuse of children is a worldwide phenomenon. This book assesses the enablers of abuse and the reasons it took so long for officials to respond. It analyzes redress for institutional abuse in two countries, Canada and Australia, using first-hand accounts of survivors' experiences.
Institutional Abuse of Children by Bill Madden,Tina Cockburn,Benjamin Madden Pdf
Institutional abuse of children: Legal remedies and redress in Australia examines the recently amended 'common law' framework. These reforms include removal of limitation periods, reversal of the onus of proof, extending vicarious liability to persons akin to employees, requiring institutions to identify a proper defendant when necessary, and permitting some earlier settlements and judgements to be revisited. The unique fixed term National Redress Scheme for historic child sexual abuse in institutional settings is also examined, in the context of the underlying policy to offer an alternate redress pathway which aims to be more flexible, less formal, faster, cheaper, and involving less trauma and conflict for survivors. As the first detailed analysis of the new legal framework relating to compensation and redress for child sexual abuse in Australia, this book makes an original contribution to knowledge and understanding of the law in this complex area, which continues to develop at a rapid pace as additional legislation is enacted across Australia and as the courts begin to construe these new legislative provisions. Features ¿ Analyses the new legal framework governing claims for compensation and redress arising out of sexual abuse of children in institutional settings in Australia ¿ Examines the relationship between the National Redress Scheme and civil claims ¿ Provides a practical understanding of how to work through the intersecting laws and redress systems to best advise clients
Institutional Abuse of Children: Legal Remedies and Redress in Australia, 2nd Edition by B Madden; B Madden; T Cockburn Pdf
Institutional abuse of children: Legal remedies and redress in Australia, 2nd edition examines the current compensation framework and the unique National Redress Scheme for historic child sexual abuse, which aims to be less formal and to involve less trauma for survivors. This new edition is timely. The legal framework has continued to develop at a rapid pace and additional legislation has been enacted across Australia. Features * Analyses the rapidly developing legal framework governing claims for compensation and redress arising out of sexual abuse of children in institutional settings in Australia * Examines the relationship between the National Redress Scheme and civil claims * Provides a practical understanding of how to work through the intersecting laws and redress systems to best advise clients Related Titles * Young, Kenny & Monahan (editors), Children and the law in Australia, 2016
In November 1997 the Minister of Justice asked the Law Commission of Canada to assess processes for redressing the harm of physical and sexual abuse inflicted on children who lived in institutions that were run or funded by government. This report draws together the research and consultations conducted by the Law Commission in response to the request.
Child Sexual Abuse Reported by Adult Survivors by Sinéad Ring,Kate Gleeson,Kim Stevenson Pdf
Child Sexual Abuse Reported by Adult Survivors is a wide-ranging and timely critical history and analysis of legal responses to ‘historical’ or ‘non-recent’ child sexual abuse (NRCSA) in England and Wales, Ireland and Australia, each of which represents an evolving and progressive approach to this important and complex issue. The book examines the emergence of NRCSA as a distinctive social, political and legal phenomenon in each country and explores the legal responses developed to address its unprecedented challenges. Courts and parliaments in each country have reformed existing doctrine and practice and have created new ways of holding state and private actors accountable and new ways of addressing survivors’ injuries. Criminal law, tort law, public inquiries and state reparations have all been to the forefront of these new legal responses, which have transformed law’s engagement with NRCSA survivors and understandings of justice itself. However, despite this undeniable progress, the book identifies ways in which the legal responses developed in each country fail to deliver accountability and recognition to NRCSA survivors and argues that such failures betray the law’s inherent ambivalence to delivering justice for these survivors. Creating new insights into legal responses to this complex contemporary legal, social and political problem, this book will be of great interest to academic lawyers, political scientists and historians, as well as those working on related topics in criminology, sociology, social policy, cultural studies and gender studies.
Lived Institutions as History of Experience by Johanna Annola,Hanna Lindberg,Pirjo Markkola Pdf
This open access book focuses on institutions that were produced and formed by the emerging welfare state. How were institutions experienced by the people who interacted with them? How did institutions as sites of experience shape and structure people’s everyday lives? Histories of institutions have mainly focused on the structures and power relations produced by institutional settings. Likewise, despite an extensive historiography of the welfare state, reflections on individuals’ experiences of welfare are few. By using ‘lived institutions’ as its conceptual frame, this edited collection merges the fields of institutional studies, the history of the welfare state – and the novel and vibrant field of the history of experience.
Examining the Past and Shaping the Future by Katie Wright,Shurlee Swain,Kathleen McPhillips Pdf
The Royal Commission into Institutional Responses to Child Sexual Abuse (2013– 17) was one of the largest public inquiries in Australian history and one of the most important investigations into child abuse internationally. It facilitated a national conversation about justice for victims and survivors and how to improve child safety in the future. Through the examination of practices in key social institutions, including churches, schools, sporting clubs, hospitals and voluntary organisations, it provided new understandings of the widespread abuse that many people had experienced in the past and it made recommendations for a national redress scheme. The Royal Commission also recommended sweeping reforms in policies, practices and institutional cultures. Offering valuable insights into the Royal Commission’s history and background, its social and cultural significance, and its implications for policy development and legislative reform, this book provides a wide-ranging analysis of the work of the Royal Commission and its social, psychological, legal and discursive impact. The chapters reveal not only the complexity of the matters that the Royal Commission was dealing with and the difficulties faced by the victims of child sexual abuse, but also the challenges of researching and writing about this sensitive topic. The chapters in this book were originally published as a special issue of the Journal of Australian Studies.
The Sexual Abuse of Children by Yorick Smaal,Andy Kaladelfos,Mark Finnane Pdf
"This work brings together the thoughts on this question advanced by leading scholars, from a range of disciplinary backgrounds, from around the world. These thinkers...provide new perspectives on sanctioned and informal responses to abuse in religious, educational and total institutions, as well as to abuse carried out in non-institutional settings."--
Supporting adult care-leavers by Murray, Suellen Pdf
Growing up in care is not just a part of childhood, but can have ongoing impacts across a person’s life. Various inquiries have revealed accounts of abuse and neglect, and a fracturing of family relationships. Organised thematically to allow comparison of different initiatives, this book considers the range of responses to adult care leavers in Australia, Canada, Ireland, New Zealand and the UK. Initiatives examined include public inquiries, symbolic acknowledgements, redress schemes, specialist support services, access to personal records and family reunification programs. Featuring detailed case studies and examples of good practice, this is an excellent international source book for practitioners and policy makers in social work and social care.
Apologies and the Legacy of Abuse of Children in 'Care' by J. Sköld,S. Swain Pdf
This book positions inquiries into the historical abuse of children in care within the context of transitional justice. It examines investigation, apology and redress processes across a range of Western nations to trace the growth of the movement, national particularities and the impact of the work on professionals involved.
New International Frontiers in Child Sexual Abuse by Ben Mathews Pdf
This book offers a timely and detailed exploration and analysis of key contemporary issues and challenges in child sexual abuse, which holds great relevance for scholarly, legal, policy, professional and clinical audiences worldwide. The book draws together the best current evidence about the nature, aetiology, contexts, and sequelae of child sexual abuse. It explores the optimal definition of child sexual abuse, considers sexual abuse in history, and explores new theoretical understandings of children’s rights and other key theories including public health and the Capabilities Approach, and their relevance to child sexual abuse prevention and responses. It examines a selection of the most pressing legal, theoretical, policy and practical challenges in child sexual abuse in the modern world, in developed and developing economies, including institutional child sexual abuse, female genital cutting, child marriage, the use of technology for sexual abuse, and the ethical responsibility and legal liability of major state and religious organisations, and individuals. It examines recent landmark legal and policy developments in all of these areas, drawing in particular on extensive developments from Australia in the wake of its Royal Commission Into Institutional Responses to Child Sexual Abuse. It also considers the best evidence about promising strategies and future promising directions in enhancing effective prevention, intervention and responses to child sexual abuse.
Transitional Justice and the Historical Abuses of Church and State by James Gallen Pdf
In this book, James Gallen provides an in-depth evaluation of the responses of Western States and churches to their historical abuses from a transitional justice perspective. Using a comparative lens, this book examines the application of transitional justice to address and redress the past in Ireland, Australia, Canada, the United States and United Kingdom. It evaluates the use of public inquiries and truth commissions, litigation, reparations, apologies, and reconciliation in each context to address these abuses. Significantly, this novel analysis considers how power and public emotions influence, and often impede, transitional justice's ability to address historical-structural injustices. In addressing historical abuses, power fails to be redistributed and national and religious myths are not reconsidered, leading Gallen to conclude that the existing transitional justice efforts of states and churches remain an unrepentant form of justice. This title is also available as Open Access on Cambridge Core.
The Palgrave Handbook of Australian and New Zealand Criminology, Crime and Justice by Antje Deckert,Rick Sarre Pdf
This handbook engages key debates in Australian and New Zealand criminology over the last 50 years. In six sections, containing 56 original chapters, leading researchers and practitioners investigate topics such as the history of criminology; crime and justice data; law reform; gangs; youth crime; violent, white collar and rural crime; cybercrime; terrorism; sentencing; Indigenous courts; child witnesses and children of prisoners; police complaints processes; gun laws; alcohol policies; and criminal profiling. Key sections highlight criminological theory and, crucially, Indigenous issues and perspectives on criminal justice. Contributors examine the implications of past and current trends in official data collection, crime policy, and academic investigation to build up an understanding of under-researched and emerging problem areas for future research. An authoritative and comprehensive text, this handbook constitutes a long-awaited and necessary resource for dedicated academics, public policy analysts, and university students.
