This article explores how abortion bans in states with large Black populations will exacerbate existing racial inequities in those states’ child welfare systems.

Emerging child welfare policies promoting preventive and early intervention services present a challenge to professional ethics, raising questions about how to balance respect for service users with concern for social justice. This article explains how the UK policy involves shifting the balance of power away from families towards state and professional decision making. The policy is predicated on sharing information between professionals to inform risk and need assessment and so poses a problem for the ethic of confidentiality in (...) a helping relationship. This article examines the arguments for information sharing and questions whether the predicted benefits for children outweigh the cost of eroding family privacy and changing the nature of professional relationships with service users. (shrink)

During the first two decades of the 20th century, the expansion of private foundations and philanthropic initiatives in the United States converged with a comprehensive, nationwide agenda of progressive education and post-war social reconstruction that situated childhood at its core. From 1924 to 1928, the Laura Spelman Rockefeller Memorial was the main foundation behind the aggressive, systematic funding of the child development movement in North America. A pioneering institution, the Institute of Child Welfare Research, established in 1924 (...) at Columbia's Teachers College, was the first Rockefeller-funded programme of its kind at an American university. The Institute was influential in helping set up a nationwide network of child welfare institutes at other universities. Twelve years later, it would also be the first of those institutes to close. Nonetheless, the Institute's context, emergence, and development have been overlooked or misrepresented by previous scholarship, which calls for a new, critical historical analysis. By drawing on a number of archival sources and unpublished materials, this paper offers a critical reconstruction of the Institute's internal, often unstable history, emphasizing its origins, members, and administrative changes. I argue that the demise of the Institute should be understood in the context of both the revision of philanthropic policies in the late 1920s and the Institute's singular emphasis on teaching and training over research. The resulting narrative allows for a deeper, more informed understanding of both the Institute's origins and its eventual folding. (shrink)

This article is a discursive examination of children’s status as knowledgeable moral agents within the Swedish child welfare system and in the widely used assessment framework BBIC. Departing from Fricker’s concept of epistemic injustice, three discursive positions of children’s moral status are identified: amoral, im/moral and dis/loyal. The findings show the undoubtedly moral child as largely missing and children’s agency as diminished, deviant or rendered ambiguous. Epistemic injustice applies particularly to disadvantaged children with difficult experiences who (...) run the risk of being othered, or positioned as reproducing or accommodating to the very same social problems they may be victimised by. (shrink)

Parents and guardians in child protection systems are in unequal power relationships with child protection practitioners. This relationship is experienced as exclusionary or even oppressive by many parents and guardians. For families and communities in the child protection system who experience intersectional discrimination and disadvantage, such as people with intellectual disabilities and First Nations people, this unequal relationship and subsequent potential exclusion and oppression can be even more profound. A growing body of literature indicates that advocacy (...) can assist in addressing unequal relationships in other contexts, such as involuntary mental health. This paper explores the role of representational advocacy in supporting parents in child protection settings through a case study of an advocacy service in Victoria, Australia. Using a human rights framework to guide the analysis, the paper highlights how advocacy can help support rights, but that broader structural change will be required to consistently uphold the rights of parents. (shrink)

Should anonymous sperm “donation”—a misnomer, since sperm is usually purchased—be permitted? A number of countries, including Sweden, Austria, Germany, Switzerland, the Netherlands, Norway, New Zealand, and several Australian states, have answered no.1 The United Kingdom recently joined this list, instituting a system whereby new sperm (and egg) donors must put information into a registry, and a donor-conceived child “is entitled to request and receive their donor’s name and last known address, once they reach the age of 18.”2 The (...) arguments offered by the legislators in these jurisdictions in favor of these measures, along with the arguments offered by scholarly proponents such as Naomi Cahn, focus on one major .. (shrink)

It is natural to say that when we acquire a new concept or concepts, or grasp a new theory, or master a new practice, we come to see things in a new way: we perceive phenomena that we were not previously aware of; we come to see patterns or connections that we did not previously see. That natural idea has been applied in many areas, including the philosophy of science, the philosophy of religion, and the philosophy of language. And, in (...) reflecting on the character of philosophy itself, Wittgenstein himself associates the introduction of a new concept in philosophy with the discovery of a new way of looking at things (PI §401), and says that the point of presenting us with an imagined example may be to change our way of looking at things (PI §144). The paper considers four interrelated questions about this association between seeing-as and change, novelty, or innovation. 1. Is there an important difference between the case where the change in someone’s way of seeing things involves the invention or discovery of a completely new concept, a completely new theory etc., and the case where it involves the person’s coming to understand an existing concept or theory? 2. Is there a special connection between seeing-as and conceptual or theoretical change or creativity: a connection that does not obtain between seeing-as and using or applying a familiar theory or system of concepts? 3. In cases where seeing-as is associated with novelty or creativity, is there any sense in which the fact that someone sees things in a new way can help to explain their conceptual or theoretical creativity? 4. To the extent that there is some association between seeing-as and novelty or creativity, why if at all does it matter that one experiences things in a certain way? Would someone who was aspect-blind be any worse off with respect to creativity or innovation than the rest of us? And if so, why? (shrink)

Rudolf Steiner is perhaps most widely known as the founder of the Waldorf schools and for his challenging and innovative ideas on children's mental development and education. What these ideas are and how they are put into practice are not so well known. Steiner (Waldorf) Education is a clear exposition of Steiner's view of the child as a developing personality based on body, soul, and spirit. It describes the stages of the child's development and gives a detailed account (...) of the Steiner/Waldorf school curriculum and teaching methods. It will be useful both to those already involved with Steiner/Waldorf schools and also to anyone who wants to learn more about this well-established alternative to the state educational system. (shrink)

The moral value of law can take many forms. It is instrumentally valuable when it coordinates interaction, provides moral advice and leadership, models the virtues, and motivates us to be moral. It is intrinsically valuable when it constitutes the collective moral conscience of citizens, embodies an ideal form of communal life, and expresses the moral integrity of the community. We analyse all of these potential values of law and assess their moral significance. In doing so, we are careful to distinguish (...) between the general concept of law and the actual law of any particular legal system. We argue that, although in principle law does have the potential to help us to be moral in each of the ways noted, many actual legal systems are conducive to great immorality and injustice. Being moral and living well under such regimes is likely to be much harder than it would be otherwise, even in the absence of any legal system. (shrink)

Recommender systems are recently developed computer-assisted tools that support social and informational needs of various communities and help users exploit huge amounts of data for making optimal decisions. In this study, we present a new recommender system for assessment and risk prediction in child welfare institutions in Israel. The system exploits a large diachronic repository of manually completed questionnaires on functioning of welfare institutions and proposes two different rule-based computational models. The system accepts users’ (...) requests via a simple graphical interface, calculates the institutions’ profiles according to user preferences, and presents assessment scores, trends and comparative analyses of the corresponding data using assorted visual aids. Based on the analysis, the system offers three different strategies for objective assessment of the institutions’ functioning and risks. Qualitative and quantitative evaluation of the system’s effectiveness and accuracy demonstrates that it substantially improves the assessment process of a welfare institution. Moreover, it provides an effective tool for objective large-scale analysis of the institution’s overall state and trends, which were previously based primarily on the institution supervisors’ subjective judgment and intuition. In addition, the proposed recommender system has great practical and social impact as it may help identify and avert potential problems, malfunctions, flaws, risks and even tragic incidents in child welfare institutions, as well as increase their overall functioning levels. As a result, as a long-term social implication, the system may also help reduce inequality and social gaps in the Israeli society. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy, Psychiatry, & Psychology 10.1 (2003) 99-102 [Access article in PDF] Living with Contested Knowledge and Partial Jennifer Clegg and Richard Lansdall-Welfare THESE CAREFUL AND CONSTRUCTIVE comments bring grist to our mill. Before responding to them, we observe first that they offer no substantive challenge to our thesis: ambiguities associated with meaning in the disabled life make it more likely that professional service providers will make dogmatic responses (...) to bereavement, and perhaps other essentially contested topics, responses that are defended by isolationism.Some welcome ideas came from left field to refresh our thinking, such as Colman's observations on the gendered nature of care. She reminded us that although the audit from which these cases came was established to investigate bereavement in general among adults with intellectual disability, its rough and ready sampling failed to ensure the expected range of bereavement types. Somehow the bereavements constructed as relevant for audit all transpired to concern the death of mothers. Moreover, of the six relatives who agreed to be interviewed concerning these bereavements, two were stepfathers and four were sisters. Colman underlines the invisibility of care work usually done by female family members: how wise or less wise decisions create the conditions for bereavement reactions, and how changes to care arrangements following bereavement fall most heavily on them. Traustadottir (2002) discussed the way new care initiatives often put pressure on female family members and staff to do more unpaid work. For example, Circles of Support encourages them to include people with intellectual disability in their personal social networks, without considering the personal costs. Such observations have yet to emerge from the umbrella of feminist research. Separatism has served feminism well, but issues of women and care do need to find their place in mainstream reviews.Another useful reminder from Colman is that the person with intellectual disability is not the only concern to families, although only a few adult services manage to hold wider systemic factors in mind (Clegg and Burnham 2000). If the person may make naïve comments at a funeral that would devastate family members whose needs take priority, the person will be excluded.The potency of bereavement was discussed twice. Casenave suggests that because "disability is a loss experience" bereavement resonates with it, casting some doubt onto the suggestion that our thesis generalizes to other contested topics. Reinders criticizes clinicians for being purblind to the tragic. The anonymous reviewer who questioned [End Page 99] the relevance of our discussion of the quality of "presence," a quality Reinders considers highly relevant, illustrates the point better than we can. Recognizing the way clinicians have little "patience with the notion of the tragic" encourages reflection on what other human experiences fail to capture our attention.Although these are all potentially valuable directions, we focus here on comments that may enhance our ability to work without dogma. Since at least the 1980s, clinicians in intellectual disability have criticized the discipline for using linear and univariate rather than complex and multivariate theories, and for a naïve search for magic answers (reviewed in Clegg 1993). It is our contention that little has changed, and that uncertain meaning and normalization combine to create ideal conditions for dogma. Reinders' exposition of the various uses of meaning in our article and in different linguistic and historical traditions develops a vital but neglected topic in intellectual disability, which we consider in some detail. We conclude by arguing that developments require us to distance ourselves from the universality and commonality inherent to normalization, and create new ways to appreciate particularity and diversity.The gist of Reinders' complex argument appears to be that the problems we identify in managing bereavement in intellectual disability stem from a modernist understanding of meaning that is erroneous. Implicitly, those who eschew its pursuit demonstrate the greater wisdom, because neither dialogue nor activities such as reflection can generate meaning that is unattainable. If we understand his position correctly, he contrasts two principal understandings of meaning: comprehension and apprehension.Comprehension is the illusory modernist idea that humans are agents who make sense of themselves... (shrink)

An important debate in the reasoning literature concerns the extent to which inference processes are domain-free or domain-specific. Typically, evidence in support of the domain-specific position comprises the facilitation observed when abstract reasoning tasks are set in realistic context. Three experiments are reported here in which the sources of facilitation were investigated for contextualised versions of Raven's Progressive Matrices (Richardson, 1991) and non-verbal analogies from the AH4 test (Richardson & Webster, 1996). Experiment 1 confirmed that the facilitation observed for the (...) contextualised matrices was in part due to extraneous aspects of commentaries originally intended to activate domainspecific processes. Experiments 2 and 3 indicated that the remainder of the facilitation for the matrices, and all of the facilitation for the analogies, could be explained by visual salience: Converting the item elements into realistic objects had enabled them and their transitions to be identified more easily. Hence, performance at simplified abstract items was as good as, or better than, at contextualised items. It is concluded that facilitation effects cannot be interpreted as showing that domain-specific processes constitute a self-contained system separate from domain-free processes. In turn, this means that domain-free processes cannot be dismissed as being unimportant for reasoning. (shrink)

As the expansion of the Internet and the digital formatting of all kinds of creative works move us further into the information age, intellectual property issues have become paramount. Computer programs costing thousands of research dollars are now copied in an instant. People who would recoil at the thought of stealing cars, computers, or VCRs regularly steal software or copy their favorite music from a friend's CD. Since the Web has no national boundaries, these issues are international concerns. The contributors-philosophers, (...) legal theorists, and business scholars, among others-address questions such as: Can abstract ideas be owned? How does the violation of intellectual property rights compare to the violation of physical property rights? Can computer software and other digital information be protected? And how should legal systems accommodate the ownership of intellectual property in an information age? Intellectual Property is a lively examination of these and other issues, and an invaluable resource for librarians, lawyers, businesspeople, and scholars. (shrink)

Under the present system it is a very good thing to remain happily married, I have to tell you!

Decision support systems, which incorporate artificial intelligence and big data, are receiving significant attention in the public sector. Decision support systems are sociocultural artefacts that are subject to a mix of technical and political choices, and critical investigation of these choices and the rationales they reflect are paramount since they are inscribed into and may cause harm, violate fundamental rights and reproduce negative social patterns. Applying and merging the concepts of sense-making and translation, this article investigates the rationales, translations and (...) critical reflections that shape the development of a decision support system to support social workers assessing referrals concerning child neglect. It presents findings from a qualitative case study conducted in 2019–2020 at the Citizen Centre Children and Young People, Copenhagen Municipality, Denmark. The analysis shows how key actors through processes of translation construct, negotiate and readjust problem definitions, roles, interests, responsibilities and ideas of ambiguity and accountability. Although technological solutionism is present in these processes, it is not the only rationale invested. Rather, technological and data-driven rationales are adjusted to and merged with rationales of efficiency, return on investment and child welfare. Through continuous renegotiation of roles, responsibilities and problems according to these rationales, the key actors attempt to orchestrate ways of managing the complexity facing child welfare services by projecting images of future potentials of the decision support system that are yet to be realised. (shrink)

Numerous laws have passed to move away from criminalising youth who trade sex. Specialised courts have also been established to support youth. Despite proponents' contention that specialised, trauma-informed courts are less punitive than typical interventions, research is limited. This article explores one specialised dependency court's efforts to assist youth ‘at risk’. Drawing on interviews and ethnographic observations, I argue that laws and trauma-informed court interventions intensify the supervision of youth and families while inadvertently concealing the gendered-racialised effects of child (...) welfare system involvement. Ethnographic findings contribute to sociolegal and anti-carceral feminist research on carceral control beyond the criminal legal system. This work also explores the ethics of carceral-trauma entanglements that accompany decriminalisation’s afterlife. (shrink)

In April 1998, the post-apartheid South African government introduced a monthly cash transfer for children in poor households. A requirement for getting the grant was that the birth of the child had to be registered, and the adult primary caregiver had to have the citizen identity document. The success of the system of support was contingent on the new democratic government's ability to integrate into one national welfare system what had been fragmented under apartheid into many (...) racially separated systems; it also, ironically, built on the apartheid-era state pension delivery system. Within a decade the grant reached more than ten million children, and was associated with a rapid increase in birth registrations, marking the poorest children's first step into citizenship, and opening up the possibility of later access to other programmes and entitlements. (shrink)

This article confronts the challenges and opportunities presented by medical-legal partnerships (MLPs) representing families impacted by the family regulation system. Based on the authors’ experience developing a collaboration between a medical-legal partnership, interdisciplinary law school clinic and nurse home visiting program focused on clients impacted by the family regulation system, the article challenges traditional conceptions of the MLP model and proposes an expanded vision for MLPs to address systemic injustice and improve outcomes for families.

Residential child care in Scotland has seen huge changes over the last thirty years, arguably as a consequence of a number of UK wide inquiries into failings within the system (Corby, Doig, and Rob...

The welfare reform law of 1996 completely overhauled the nation's system of assistance to low-income families. The reauthorization of that law, now several months overdue because of congressional delays, presents an opportunity for religious social ethicists to evaluate the adequacy of our nation's anti-poverty efforts. This paper surveys policy developments from 1996 to 2003 and analyzes five key issues in the reauthorization debate: the size and structure of welfare block grants; work requirements; welfare time limits, sanctions, (...) and exemptions; marriage promotion and the family cap; and ancillary programs providing work supports such as food stamps, Medicaid, and child care subsidies. A variety of ethical critiques of policy proposals is offered, some of them from the perspective of Catholic social teaching. The trail of missed opportunities in welfare reform will probably continue, as American social policy fails to act upon an accurate portrayal of the challenges facing poor families today. (shrink)

The management of child protection concerns arouses strong emotions and controversies and creates ethical tensions for all concerned. This paper provides a rational analysis of some of the issues involved and suggests responses to them. The ethical and legal duties of health-care professionals are to act in the best interests of the child by safeguarding children and reporting concerns. But this may involve conflicts with parents and produce reluctance of professionals to become involved, especially in controversial types of (...) abuse. Mandatory reporting of concerns might overcome such reluctance, but may be ineffective in the face of diagnostic uncertainties. Assembly of a stronger diagnostic evidence base would seem ethically justified, but organization of the necessary case controlled studies might be problematic. Even with a comprehensive evidence base, individual diagnoses of abuse will always involve value judgements that should be underpinned by effective training and assessment of core competencies of professionals. These manoeuvres are unlikely to prevent both justified and vexatious complaints, often in relation to breaches in professional duties or concerning professional misconduct. The tendency to blame experts may have contributed to a reluctance of other professionals to become involved, despite proposals for reforms in the expert witness and court systems. Current approaches to child protection may neither promote greater understanding nor be in the best interests of children. A revised social contract for the effective protection of children could include: a duty of care that adequately addresses the primacy of the child's welfare; the acquisition of a sound evidence base; professional transparency and accountability (but with protection from malicious and vexatious complaints); and a shift emphasis towards a more inquisitorial system that embraced the principles of truth and reconciliation. (shrink)

In this paper I use measures of childhood growth to assess from both an evolutionary theoretical and an applied public health perspective the impact of polygyny on maternal-child welfare among the Datoga pastoralists of Tanzania. I report that the growth and body composition of children varies in such a way as to suggest that polygyny is not generally beneficial to women in terms of offspring quality. Cross-sectional analysis of covariance by maternal marriage status revealed that children of first (...) and second wives in polygynous marriages grow relatively poorly, that this is correlated with maternal physical status, and that the pattern is not modified by household wealth. I discuss how the dynamics of sexual conflicts operating during the formation and maintenance of marriages may be important factors in the etiology of poor child growth in this population, leading to complex patterns of variation in anthropometric indicators of both women and children. The theoretical conclusion is that improved evolutionary models of polygyny should be designed to examine the potential for adaptive tradeoffs between the currencies of offspring quality and quantity for all types of parents in a polygynous population. The practical conclusion is that a better understanding of the relationships between marriage practices and health outcomes would assist in the development of culturally appropriate health and nutrition interventions. (shrink)

This article critically analyses correspondence and decisions regarding children/young people who were included in the Canadian child migration schemes that ran between 1883 and 1939, and those who were deemed ‘undeserving’ and outside the scope of the schemes. Drawing on critical realist ontology, a metatheory that centralises the causal non-linear dynamics and generative mechanisms in the individual, the cultural sphere, and wider society, the research starts from the premise that the principle of ‘less or more eligibility’ lies at the (...) heart of the British welfare system, both now and historically. Through analysing case files and correspondence relating to children sent to Canada via the Waifs and Strays Society and Fegan Homes, I shed light on the complex interplay between morality, biological determinism, resistance, and resilience in decisions around which children should be included or excluded. I argue that it was the complex interplay and nuance between the moral/immoral, desirable/undesirable, degenerate, and capable/incapable child that guided practice with vulnerable children in the late 1800s. In judgements around ‘deservedness’, related stigmas around poverty and ‘bad’ behaviour were rife. Within this, the child was punished for his/her ‘immoral tendencies’ and ‘inherited traits’, with little regard for the underlying reasons for their behaviour and ‘mental deficiencies’. (shrink)

Child welfare clinics established in a rural Jamaican community for research purposes are described. These special clinics were able to devote more resources to the care of their children than is usual, yet the growth and health of these children were very similar to those in another group to whom this service was not available and who attended routine government welfare clinics only infrequently.

This paper argues that the convention of allocating donated gametes on a ‘first come, first served’ basis should be replaced with an allocation system that takes into account more morally relevant criteria than waiting time. This conclusion was developed using an empirical bioethics methodology, which involved a study of the views of 18 staff members from seven U.K. fertility clinics, and 20 academics, policy-makers, representatives of patient groups, and other relevant professionals, on the allocation of donated sperm and eggs. (...) Against these views, we consider some nuanced ways of including criteria in a points allocation system. We argue that such a system is more ethically robust than ‘first come, first served’, but we acknowledge that our results suggest that a points system will meet with resistance from those working in the field. We conclude that criteria such as a patient's age, potentially damaging substance use, and parental status should be used to allocate points and determine which patients receive treatment and in what order. These and other factors should be applied according to how they bear on considerations like child welfare, patient welfare, and the effectiveness of the proposed treatment. (shrink)

Normal 0 false false false MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman"; mso-ansi-language:#0400; mso-fareast-language:#0400; mso-bidi-language:#0400;} This article aims to examine the phenomenon of social services in post-1989 Romania, underscoring the role of the religious factor in the establishment and operation of nongovernmental organisations active in the area of family and child protection/child welfare. The results are based on empirical data collected from (...) interviews with representatives of NGO-s in Iaşi that correspond to the profile of faith-based organisations and which have been included in the list of accredited providers of social services. We used an assessment grid that allowed us to highlight a number of specific characteristics to the Romanian space, found among faith-based organisations involved in the development of social and medical services. One direction that Romanian organisation took was to dilute in time the religious message and to secularise their practices under the influence of the Orthodox majority, as well as following the requirements imposed by secular donors and especially by public ones. The channelling of private resources donated to religious cults predominantly towards building and restoring establishments (churches, monasteries) rather than towards the development of social faith-based programmes aimed at vulnerable populations has caused in faith-based organisations a high level of dependency on secular donors. The process in which the practices and the discourse are secularised is accompanied by a trend towards the fragmentation of the Christian-based civil society. (shrink)

A major trend in foster care in developed countries over the past quarter century has been a shift toward placing children with “kin” rather than with unrelated foster parents. This change in practice is widely backed by legislation and is routinely justified as being in the best interests of the child. It is tempting to interpret this change as indicating that the child welfare profession has belatedly discovered that human social sentiments are nepotistic in their design, such (...) that kin tend to be the most nurturant alloparents. Arguably, however, the change in practice has been driven by demographic, economic, and political forces rather than by discovery of its benefits. More and better research is needed before we can be sure that children have actually benefitted. (shrink)

Over the past three decades more than 200 children have died in the U.S. of treatable illnesses as a result of their parents relying on spiritual healing rather than conventional medical treatment. Thirty-nine states have laws that protect parents from criminal prosecution when their children die as a result of not receiving medical care. As physicians and citizens, we must choose between protecting the welfare of children and maintaining respect for the rights of parents to practice the religion of (...) their choice and to make important decisions for their children. In order to make and defend such choices, it is essential that we as health care professionals understand the history and background of such practices and the legal aspects of previous cases, as well as formulate an ethical construct by which to begin a dialogue with the religious communities and others who share similar beliefs about spiritual healing. In this paper, we provide a framework for these requirements. (shrink)

In In re Christopher I., the California Court of Appeal upheld a juvenile court's decision to withdraw life-sustaining medical treatment for a then-1-year-old dependent of the court. Christopher I. had come under juvenile court custody after his biological father, Moises I., physically abused him and rendered him comatose. Christopher's biological mother, Tamara S., was either unwilling or unable to protect him. After the disposition hearing, Tamara petitioned for a “Do Not Resuscitate” order for Christopher and/or removal of his life-sustaining medical (...) treatment. Moises opposed, asserting that the juvenile court did not have authority to make medical decisions for a dependent child, for whom counsel had been assigned, without appointing a guardian. The juvenile court rejected Moises's argument and proceeded with an evidentiary hearing. All six physicians who testified supported the withdrawal of treatment or at least a DNR order. (shrink)

In In re Christopher I., the California Court of Appeal upheld a juvenile court's decision to withdraw life-sustaining medical treatment for a then-1-year-old dependent of the court. Christopher I. had come under juvenile court custody after his biological father, Moises I., physically abused him and rendered him comatose. Christopher's biological mother, Tamara S., was either unwilling or unable to protect him. After the disposition hearing, Tamara petitioned for a “Do Not Resuscitate” order for Christopher and/or removal of his life-sustaining medical (...) treatment. Moises opposed, asserting that the juvenile court did not have authority to make medical decisions for a dependent child, for whom counsel had been assigned, without appointing a guardian. The juvenile court rejected Moises's argument and proceeded with an evidentiary hearing. All six physicians who testified supported the withdrawal of treatment or at least a DNR order. (shrink)

Policy-makers have attempted to frame the ethical requirements that are relevant to the creation of human beings via reproductive technologies. Various reports and laws enacted in New Zealand, Canada, Australia, and Britain have introduced tests for how we should weigh child welfare when using these technologies. A number of bioethicists have argued that child welfare should be interpreted as a “best interests” test. Others have argued that there are ethical reasons why we should abandon this kind (...) of test. I will argue that at least some of the relevant policy can be interpreted as requiring those wishing to exercise their procreative liberty to have a reasonable plan to care and nurture any resulting child, thereby respecting the internal preconditions of that liberty. This interpretation of child welfare requirements answers some of the ethical worries about a child welfare test. (shrink)

This article examines the extent to which the concept of social quality could contribute to a transformation in the debates about the welfare sustainability in Asia and Europe. The article starts by outlining the concept of social quality: its constitutional, conditional and normative components and the origins of its development as a European conceptual framework. Then a bridge is created between Europe and Asia by looking briefly at the similarities and differences between social quality and human security, a concept (...) that is more familiar in the latter region than the former one. is is followed by a critique of the global discourses on 'sustainability' and, in particular, their dominance by economism. The final part of the article utilizes the concept of social quality to propose a more open and balanced approach to sustainability that brings in social and ecological considerations alongside economic ones. Some tentative suggestions are made concerning the operationalisation of a social quality approach to welfare system sustainability. (shrink)

Bioethics, Volume 36, Issue 3, Page 298-304, March 2022.

Parental overuse of portable technology poses a bonafide threat to the welfare and development of children. In the past decade, researchers have documented this phenomenon whereby parents pay far more attention to handheld electronic devices than to their children's safety and developmental needs. What most studies have failed to examine is the extent to which workers in privately owned and operated daycares also exhibit technology-induced distracted behavior. This article aims to identify the moral harm of caregivers' distracted behaviour in (...) a private daycare setting or, more simply, the welfare effects of distracted daycare. First, with the assistance of recent research, the phenomenon of distracted caregiving is defined. Then, the documented harms of distracted caregiving in a daycare setting are catalogued. Next, an ethical analysis of the phenomenon of distracted daycare working is undertaken from four normative ethical perspectives: (i) ethical egoism, (ii) utilitarianism, (iii) principlism and (iv) care ethics. Five recommendations for reforming distracted daycares, each based upon one or more of the four ethical perspectives, inform the article's conclusions. (shrink)

This article demonstrates how the Conservative system of social protection in Germany has been converging toward the Liberal American model during the past two decades, focusing on social protection for the unemployed and pensioners. In addition to public/statutory provisions, occupational welfare is also covered. Despite an overall process of convergence, we continue to witness stark dissimilarities in the arrangements for social protection outsiders: whereas Germany continues to constitutionally guarantee a legal entitlement to minimum social protection for all citizens, (...) such a guarantee does not exist in the United States. The lack of such legal entitlement for poor people of working age, combined with the criminalization of the "dangerous class," is a key differentiating characteristic of the US model at the beginning of the twenty-first century. The findings confirm but also qualify Franz-Xaver Kaufmann's analysis of the United States as "capitalism," which lacks collective welfare responsibility for all citizens, as compared to Germany's "welfare state.". (shrink)

In this paper we discuss an objection to human cloning which appeals to the welfare of the child. This objection varies according to the sort of harm it is expected the clone will suffer. The three formulations of it that we will consider are: 1. Clones will be harmed by the fearful or prejudicial attitudes people may have about or towards them (H1); 2. Clones will be harmed by the demands and expectations of parents or genotype donors (H2); (...) 3. Clones will be harmed by their own awareness of their origins, for example the knowledge that the genetic donor is a stranger (H3). We will show why these three versions of the child welfare objection do not necessarily supply compelling reasons to ban human reproductive cloning. The claim that we will develop and defend in the course of our discussion is that even if it is the case that a cloned child will suffer harms of the type H1-H3, it is none the less permissible to conceive by cloning so long as these cloning-induced welfare deficits are not such as to blight the existence of the resultant child, whoever this may be. (shrink)

This paper will examine the recent Human Fertilisation and Embryology Authority public consultation on sex selection. It will review the current regulation on sex selection in the United Kingdom and critically examine the outcomes of the HFEA consultation. The paper will argue that the current ban on embryo sex selection for social reasons and a proposed ban on sperm selection are not justified. There is no evidence for sex selection causing an increase in sex discrimination; creating a slippery slope towards (...) selection for other non-disease characteristics; or promoting a consumerist attitude towards children. The HFEA recommendations to prohibit social sex selection techniques rely upon an unwarranted concern about the risk of the procedures used. Reproductive technologies should be made available to people unless a substantial risk of harm—to the child, the parents or to society—can be identified. There is no such evidence of harm in this case. (shrink)

Many mothers with intellectual disabilities lose their parental rights due to child welfare (CW) concerns. Despite the growing interdisciplinary scholarship on parenting with intellectual disabilities, there is scant research that has explored the discursive practices embedded within CW or family courts involving mothers with intellectual disabilities. The aim of this study is to explore portrayals of mothering with intellectual disability in CW court reports filed in Québec, Canada. A three-level critical discourse analysis was performed, focusing on 10 reports (...) that were retrieved from a publicly available legal database, and their larger discursive societal context. Analysis highlighted unequal power relations as discursive practice underpinned by the following discursive patterns: (1) The ideal caregiver vs the unfit mother (2) Devalued voices of mothers with intellectual disability (3) Professionals as holding authoritative knowledge and (4) Decision-making based on the best interest of the child. Revealing the hidden ideological assumptions embedded in discourse can help to challenge and confront injustice faced by mothers with intellectual disability within the CW system. (shrink)

The purpose of the present contribution is to explore how the ECJ seeks to respect the principles underpinning national welfare systems, notably social solidarity, whilst ensuring that Member States comply with the substantive law of the European Union, in particular with the Treaty provisions on the fundamental freedoms and EU citizenship. It is submitted that in order to reconcile those two interests the ECJ has taken the view that nationals of the host Member State must show a certain degree (...) of financial solidarity with the nationals of other Member States who have established a ‘genuine or real link’ with the society of that State. With a view to establishing the existence of such a link, national authorities of the host Member State must engage in a case-by-case assessment of the personal circumstances of the EU citizen claiming social benefits. However, Förster is an important exception to the individual application of the ‘genuine or real link’ test. Although Förster does not overrule Bidar as a matter of principle, it exempts the host Member State from examining the personal situation of economically inactive students who apply for maintenance grants or student loans but have not yet completed a five-year period of residence. (shrink)

International and UK legislation and policy development in childcare is placing more emphasis on children's participation rights. This continues to present ethical dilemmas for childcare workers who also have the responsibility to ensure the protection and well-being of children. In Wales, the Welsh Assembly Government has made a commitment to the UN Convention on the Rights of the Child in the ?Rights to Action? child welfare policy. In England, the government introduced five aims and outcomes of children's (...) well-being in the ?Every Child Matters? child welfare policy. This paper identifies three barriers to children accessing participation rights, and critically discusses the ethical implications of the English and Welsh child welfare policies for children's participation rights. Family Group Conferences are discussed to highlight dilemmas of participation. (shrink)

This study explores the pivotal role of the body for political recognition and rights claims in child welfare “moral” interventions. I examine how the bodily figures in child welfare assessments, linking these manifestations to the concept of the moral economy of care. A sample of assessment reports from a Swedish municipality, all addressing violations of children’s bodies or integrity, are used as empirical material. I show how the psychosomatically suffering child is being best “heard” as (...) vulnerable. I also argue that such a moral economy of care silences children’s accounts of gendered and racial injustices. Furthermore, racialized moral divides are indicated when assessments of different child bodies are considered. A concluding remark points to a need for a child welfare moral economy of social justice that responds to structural intersecting injustices in childhoods, including to those of a racialized child welfare and its individualized and symptom-oriented services. (shrink)

While temporality has been addressed in the context of child welfare, the temporal dimensions of differentiation and othering remain unacknowledged. This article draws on material from a Swedish child welfare agency and is theoretically inspired by postcolonial and queer theories and critical childhood studies. It is based on an analytical juxtaposition of care order applications recommending immediate child welfare interventions versus interventions that are recommended after long ongoing assessments. Such recommendations are addressed as unequal (...) in terms of timing. The article discusses temporal themes related to permanency versus temporary, which guide assessments of changeability. I show how immediate interventions respond to chronicity—the temporality of incurability, permanency, and underdevelopment. However, social problems in long ongoing assessments are assessed as permanent only after long ongoing observations or passage of time. The article discusses how ideas about change reproduce wider societal and intersecting inequalities. This becomes visible when considering time as allocated to parents and their potential to bring about change. I argue that even though permanency differs from chronicity, it still limits a discussion about change as societal, and the detection of problems remains within a developmentalist and neoliberal framework. In the concluding remarks, I offer an alternative reading of allocated time that can maneuver developmentalist logics, while balancing responsibilisation between the individual and the society. (shrink)

The current thesis discusses how tools for analysing power are developed predominately for adults, and thus remain underdeveloped in terms of understanding injustices related to age, ethnicity/race and gender in childhoods. The overall aim of this dissertation is to inscribe a discourse of intersecting social injustices as relevant for childhoods and child welfare, and by interlinking postcolonial, feminist, and critical childhood studies. The dissertation is set empirically within the policy and practice of Swedish child welfare, here (...) exemplified by the assessment framework Barns Behov i Centrum. It aims to explore how Swedish child welfare, as a field of knowledge, modes of knowing and knowing subjects, constitutes an arena for claims and responses to intersecting social justice issues. The material consists of BBIC primers and selected samples from, a total of 283 case reports from a Swedish social service agency. The case reports address assessments of children. This dissertation is based on four qualitative studies using discourse analysis, as well as analysis inspired by thematic and case-study methodology. Two studies focus on child welfare discourses in BBIC documents involving social problems and violence, and two studies are based on child welfare case reports. Studies I­­-II address child welfare policy and practice by analysing the conditions required for children to participate, in terms of children’s moral status and in terms of status of ‘evidencing’ needs for protection. Studies III­­-IV explore this further from the perspective of intersecting and embodied social injustices in childhoods. Together, the studies interconnect child welfare as a field of knowledge, modes of knowing and knowers with child welfare as a moral arena for claims to rights, recognition, and social justice. The synthesised findings point to child biowelfare, in which justice discourses are largely absent. Biowelfare is informed by a mode of knowing and ‘evidencing’ risks to children’s health and development, which are confined to scientific predicting-believing, seeing-believing by professionals and a moral economy of care, all of which constrain the idea that injustices are structural and intersecting. Biowelfare primarily responds to children as ‘speaking’ biological bodies, rather than as voices of justice. In this sense, injustices of an epistemological nature are interconnected with social injustices. When issues of justice are mobilised in case reports and policy, they come across as rather ‘unjust’, primarily confined to the sphere of the family home of racialised children and not connected to ‘general’ children. In addition to intersections of age, ethnicity/race and gender, class and health are fundamental to recognition and protection in biowelfare. Finally, the dissertation indicates the need for a moral economy which responds to intersecting social injustices such as racial, gender-based and ageist violence in childhoods, and violations of children’s bodily integrity. (shrink)