The EU Charter of Fundamental Rights in the case law of the European Court of Human Rights

The European Court of Human Rights has begun to refer to the EU Charter of Fundamental Rights in order to support its reasoning for interpreting the European Convention on Human Rights in a particular way. But the EU Charter does not yet have any special status in that regard, being treated by the Court as on a par with numerous other documents of international law. The Court’s use of the Charter began in connection with arts 8 and 12 of the Convention (the right to a family life and the right to marry) but in subsequent years it has been extended to many other Articles of the Convention. It is in relation to art.6 (the right to a fair trial) that the Charter’s influence has been most noticeable so far, the Court having changed its position on two important aspects of Article 6 partly because of the wording of the EU Charter. But the influence on art.3 (in relation to the rights of asylum seekers), art.7 (in relation to retroactive penal laws), art.9 (in relation to the right to conscientious objection) and art.11 (in relation to rights of trades unions) has also been significant. The potential for the Charter to have greater influence on the Court’s jurisprudence in years to come remains considerable.

Paramountcy, family rights and contested adoption: does contact with birth relatives balance the scales?

This article combines practitioner insight and research evidence to chart how principles of partnership and paramountcy have led to birth family contact becoming the expected norm following contested adoption from care in Northern Ireland. The article highlights how practice has adapted to the delay in proposed reforms to adoption legislation resulting in the evolution of increasingly open adoption practices. Adoption represents an irrevocable transfer of parental responsibility from birth to adoptive parents and achieves permanence and legal security for children in care who cannot return to their birth family. Its enduring effect, however, makes public adoption a contentious field of child welfare practice, particularly when contested by birth parents. This article explores how post-adoption contact may be viewed as reconciling the uneasy interface between paramountcy principles and parental rights to respect for family life. The article highlights the complexity of adoptive kinship relationships following contested adoption from care, and how contact presents unique challenges that mitigate against meaningful and sustainable connections between the child and their birth relatives. In conclusion, a call is made for sensitive negotiation and support of contact arrangements, and the development of practice models that are informed by an understanding of the workings of adoptive kinship.

It has had quite a lot of reverberations through the family": reconfiguring relationships through parent with dementia care

In this chapter I explore the accounts of adult children caring for a parent with dementia. Dementia is typically understood to be an umbrella term for a large number of conditions, the most common of which are Alzheimer’s disease, vascular dementia and fronto-temporal dementia. These are progressive – ultimately terminal – conditions that affect memory, communication, mood and behaviour. I examine the accounts of interactions with parents with dementia that fracture and reconfigure normative familial relationships. In so doing I suggest that, in the absence of a primary spousal carer, caring for a person living with dementia can necessitate particular issues for adult children that trouble notions of how we understand familial roles, responsibilities and ‘duties’.

Gendered attitudes and family planning decision-making in Honduras

This study examines gendered attitudes and family planning in the Central American country of Honduras using a feminist perspective. Specifically, this study investigates the relationships between gendered attitudes (i.e., male oriented or non-male oriented attitudes) and who makes decisions about contraceptive use and family size among married and common-law Hondurans. This study also attempts to account for social elements such as gendered attitudes, education, economics, environment and demographics that may act to limit or enhance women's agency in reproductive decisionmaking. Furthermore, gender is examined to determine whether these relationships depend on the gender of the respondents. Two national Honduran surveys from 2001 are used in a secondary analysis, specifically muUinomial logisfic regression. Findings indicate that women reporting non-male oriented attitudes are significantly more likely to indicate that they (the wives) make the contraceptive decisions. Moreover, both men and women reporting non-male oriented attitudes are significantly more likely to indicate making contraceptive decisions together. Both of these effects remain significant when other social factors included in the analyses, though part of the effect is explained by education and economics. Similar effects are found in terms of family size decisions. Limitations and directions for future research are discussed.

Grant Chapman, University of Southern California Law School graduation, 1925

Grant Chapman, University of Southern California Law School graduation, 1925.

Clendenan-Thompson family fonds

Daniel Clendenan (1793-1866) was the son of Abraham Clendenan, a private in Butler’s Rangers. He was married to Susan[na] [Albrecht ] Albright, daughter of Amos Albright. Daniel and Susan[na] had twelve children and belonged to the Disciple Church. In 1826 Daniel Clendenan purchased Part lot 14, Concession 6, Louth Township from Robert Roberts Loring. On this property he built a home and conducted the business of blacksmithing and along with William Jones operated a lumber mill. Volume 1 and the first part of Volume 2 are Daniel Clendenan’s account books. Daniel and his wife Susan are buried in the Vineland Mennonite cemetery. Daniel and Susan[na]’s youngest daughter, Sarah, married widower Andrew Thompson (1825-1901), son of Charles and grandson of Solomon. Andrew Thompson had settled in the Wainfleet area in 1854 and had owned a mill in Wellandport. Daniel Clendenan, in ill health, passed ownership of Lot 14, Concession 6, Louth Township to his son-in-law Andrew Thompson. Robert Roberts Loring, the original owner of lot 14, concession 6 in Louth was born in September of 1789 in England. He joined the 49th Regiment of Foot as an ensign in December of 1804 and arrived in Quebec the following July. He served with Isaac Brock and Roger Sheaffe. In 1806 he was promoted to lieutenant. Loring was hired by Lieutenant General Gordon Drummond and accompanied him to Ireland in 1811, but the outbreak of war in the States in 1812 drew Loring back to Canada. On June 26, 1812 Loring became a captain in the 104th Regiment of Foot. On October 29 of the same year, he was appointed aide-de-camp to Sheaffe who was the administrator of Upper Canada. During the American attack on York in April 1813, Loring suffered an injury to his right arm from which he never recovered. In December of 1813, Drummond assumed command of the forces in Upper Canada and he appointed Loring as his aide-de-camp, later civil secretary and eventually his personal secretary. Loring was with Drummond in 1813 at the capture of Fort Niagara (near Youngstown), N.Y. He was also with Drummond in the attacks on Fort Niagara, settlements along the American side of the Niagara River, and then York and Kingston. In July of 1814 he was promoted to brevet major, however he was captured at the Battle of Lundy’s Lane and he spent the remainder of the conflict in Cheshire, Massachusetts. One of his fellow captives was William Hamilton Merritt. Loring remained in the army and had numerous military posts in Canada and England. He retired in 1839 and lived the last of his years in Toronto. He died on April 1, 1848. Sources: http://www.biographi.ca/en/bio/loring_robert_roberts_7E.html and “Loring, Robert Roberts” by Robert Malcomson in The Encyclopedia Of the War Of 1812 edited by Spencer Tucker, James R. Arnold, Roberta Wiener, Paul G. Pierpaoli, John C. Fredriksen

“Rights of Women against Domestic Violence - The Law and Emerging Challenges”

Domestic violence is a gender based violation of human rights having multi- dimensional repercussions in the well- being of individuals in family and society. The Indian legislation to protect the women from domestic violence is significant in providing a mechanism for enforcing positive civil rights of protection and injunction orders to the victims of domestic violence along with the existing remedies of criminal sanctions. However the Act was brought in the backdrop of an established tradition of cohesive and stable family setting. This, in turn, results in the emergence of new issues and challenges which necessitates deeper understandings of indigenous sociocultural institutions in India i.e., marriage and family. This study is an attempt to analyse the Indian law on domestic violence and to assess whether the law addresses and answers the problems of domestic violence effectively in the culture specific setting of India

Limpets break Dollo's law

A new molecular phylogeny of the limpet molluscs (Calyptraeidae) reveals that coiled shells have independently re-evolved at least once in this family, which is a violation of Dollo's Law that complex ancestral states, once lost, are never reacquired. Reacquisition of the coiled ancestral state is remarkable in that uncoiled shells have been the most recent ancestral state for 20 million-100 million years. Adult coiling might have reevolved by the mechanism of prolonging the period during which genes for coiling are expressed in larvae. This and other developmental mechanisms could provide general routes for maintaining the potential to produce traits lost in distant ancestors.