Academia finally takes on Feminism; Police don't prosecute women for
Domestic Violence
Newsletter published on 3 April 2015
(1) Academia finally takes on Feminism
(2) Safe
Campuses for Women, but a Travesty of Justice for Men
(3) Accusations of
Student Harassment Leave Professors Feeling Vulnerable
(4) U of Michigan
faculty object to admin’s sex harassment procedures
(5) The White House War
on Men - National Association of Scholars
(6) Rolling Stone and the myth of a
rape epidemic
(7) Single women in China "are still not permitted to have a
child
outside of wedlock"
(8) Israel changes Child Custody in divorce
cases, from Mother to Joint
(9) Police don't prosecute women for Domestic
Violence they commit -
Australian Senator
(10) Domestic violence an equal
opportunity killer - Senator Bill O'Chee
(11) Australia holds national summit
to curb “endemic” domestic violence
(12) National Summit on Domestic
Violence
(13) Midwife is denied access to her bank accounts, while lawyers
charge
her £400 an hour
(14) Family Court disaster: Social Workers
represent the 'interests of
the child'
(15) Mum's boyfriend: the worst
sexual risk to children - Bettina Arndt
(16) The Child-Free Life
(17)
Doctors call for ban on Smacking
(18) Scientists create False Memores in
Mice
(19) How to create False Memories
(1) Academia finally takes on
Feminism - Peter Myers, April 3, 2015
The Chronicle of Education is a
newspaper covering US Campus News and
Analysis. I sometimes used to see it
at the Australian National
University when I lived in Canberra during the
1990s.
In those days, the Chronicle was very politically correct - taking
the
Feminist/Gay/Minority line on all issues.
Now, it's carrying
articles about the excesses of Feminism - the
injustice of campus
inquisitions, the threat to free speech, etc. See
items 2 to 4.
An
organization called the National Association of Scholars is also
opposing
the New Left's thought police and kangaroo courts (item 5).
Spiked
Online has debunked the hysteria about an epidemic of rape on
campus (item
6).
That single women in China "are still not permitted to have a child
outside of wedlock" (item 7) shows that the current Culture War is
confined to the Post-Christian West; it has not made much headway
elsewhere. Single Motherdom was, however, common in the Soviet Union -
right up until its collapse.
Israel's changes to its Child Custody
practice in divorce cases, from
Mother to Joint (item 8) is also relevant.
In recent decades, Feminists
in the West, with substantial Jewish
leadership, got Divorce/Family
courts to award custody of children to the
mother by default, and to
force the father to pay maintenance even if
deprived of any role in the
unbringing of the children. The mother also got
the house; this was
deemed "in the best interests of the child".
The
idea that children are best looked after by the mother is based on
the
pre-Feminist culture where married women were full-time wives and
mothers,
and men were breadwinners. Once Feminism persuaded women to
ditch marriage,
and pursue career, childcare, and male lifestyles, that
assumption was
invalidated, but the Feminists wanted to have their cake
and eat it
too.
During the 1990s there was a craze to uncover Repressed Memories of
Sexual Abuse - by men. Now, scientists report that they have been able
to create False Memores in Mice; and in people too (items 18-19).
(2)
Safe Campuses for Women, but a Travesty of Justice for Men
http://chronicle.com/article/In-Making-Campuses-Safe-for/127766/
In
Making Campuses Safe for Women, a Travesty of Justice for Men
By
Christina Hoff Sommers
The Chronicle of Higher Educaton
June 5,
2011
American courts take exacting precautions to avoid convicting an
innocent person of a crime. It was therefore startling to read the April
4, 2011, directive on sexual violence sent by the U.S. Department of
Education's assistant secretary for civil rights, Russlynn H. Ali, to
college officials across the country. In an effort to make campuses safe
and equitable for women, Ali, with the full support of her department,
advocates procedures that are unjust to men.
She begins by describing
the "deeply troubling" state of the American
campus, where "one in five
women are victims of completed or attempted
sexual assault." The Title IX
equity statute, she says, guarantees
students a right to an education free
of discrimination on the basis of
sex. Sexual assault and harassment violate
this right; therefore,
colleges that fail to pursue offenders aggressively
can be found in
violation of Title IX and lose federal government funds. No
matter what
the local police choose to do, says Ali, colleges are obligated
to carry
out their own investigation of all complaints.
"We will use
all of the tools at our disposal including ... withholding
federal funds ...
to ensure that women are free from sexual violence,"
Ali told NPR last year.
One such tool is the standard of proof that
college disciplinary committees
use when determining guilt. Many
colleges employ a "beyond a reasonable
doubt" or a "clear and
convincing" standard. (Roughly speaking, "beyond a
reasonable doubt"
requires a 98-percent certainty of guilt; clear and
convincing, an
80-percent certainty.) Ali, however, orders all colleges to
adopt the
far-less-demanding standard of "preponderance of the evidence."
Using
that standard, a defendant can be found guilty if members of a
disciplinary committee believe there is slightly more than a 50/50
chance that he committed the crime. That standard will make it far
easier for disciplinary committees to try, convict, and punish an
accused student (almost always a male).
Marching under the banner of
Title IX and freed of high standards of
proof, campus disciplinary
committees, once relatively weak and
feckless, will be transformed into
powerful instruments of gender
justice. At least, that is the fantasy. But
here is the reality: Campus
disciplinary committees--often a casual mix of
professors, students, and
an assistant dean or two--are well suited to
resolving cases involving
purported plagiarism and cheating, and violations
of college rules on
drugs and alcohol. But no one considers them prepared to
adjudicate
murder, arson, or kidnapping cases, or criminal assault. They
lack the
training and the resources to investigate and adjudicate felonies.
So
why are they expected to determine guilt or innocence in cases of
rape?
As with murder and arson, serious charges of sexual assault should
be
left to the police and the courts. The Department of Education should
not pressure universities to enact a system whereby a student can be
found guilty of a major crime by a mere preponderance of
evidence.
How did Ali and her fellow lawyers in the Department of
Education manage
to find in the Title IX gender-equity statute grounds for
demanding
colleges to adopt a "preponderance of evidence" standard? That is
a
mystery. Hans Bader, a former Education Department lawyer, says that
nothing in Title IX justifies taking away an accused person's right to a
firm presumption of innocence, requiring clear and convincing evidence.
Ali and her colleagues, he suggests, are "legislating through
administrative fiat, in a way that is arbitrary and capricious." And
dangerous, one might add.
In 2006 three Duke University lacrosse
players were falsely accused of
gang rape. They endured a nightmarish,
yearlong ordeal in which abundant
evidence of their innocence seemed not to
matter at all--not to the
police, not to the prosecutor, not to Duke's
faculty or president.
Protesters gathered outside the lacrosse house
carrying a banner with
the word CASTRATE, banging pots and pans, and
chanting "Confess,
confess!" Student vigilantes plastered the campus with
"Wanted" posters
bearing the players' photographs. Duke professors took out
an ad in a
local newspaper in support of the pot bangers and poster
wielders. After
living under suspicion for months, the players were
ultimately
exonerated by prosecutors, who dropped all charges: The athletes
had
been wrongly accused, and the North Carolina district attorney who had
flamboyantly pressed and publicized the charges later recused himself
and resigned, and was investigated and disbarred for unethical conduct
in his prosecution of the case.
Now imagine that Ali's proposed
sexual-safety regime had been in place
when the district attorney's charges
were pending, and the innocent
young men had been put on trial before a
committee of Duke professors,
administrators, and students.
Ali's job
as assistant secretary for civil rights is to protect the
civil rights of
all students, both alleged victims and the accused. Her
letter provides
detailed guidelines on the steps colleges should take to
"minimize the
burden on the complainant." Not a word about the burden on
the accused or
his rights. And it goes to remarkable lengths to
discourage colleges from
trying to diffuse and ameliorate volatile "he
said, she said"
confrontations. "In cases involving sexual assault," she
instructs,
"mediation is not appropriate even on a voluntary basis." The
letter is
suffused with the notion that college authorities must not use
their
judgment and discretion but rather become enforcers of legal
procedure and
harsh justice.
Being a victim of rape is uniquely horrific, but being
accused of rape
is not far behind. If the person is guilty, then the
suffering is
deserved. But what if he is innocent? To be found guilty of
rape by a
campus tribunal can mean both expulsion and a career-destroying
black
mark on your permanent record. Such occurrences could become routine
under the Ali dispensation.
So why is Ali taking such draconian
measures? Because she asserts that
rape on campuses has reached epidemic
levels, citing a study that states
that 19 percent, or almost one in five
women, will be a victim of
assault or attempted assault during their college
years.
But is that figure accurate or even plausible? Research on sexual
assault is notoriously hard to conduct, and the studies are wildly
inconsistent. A 2003 Bureau of Justice Statistics special report,
"Violent Victimization of College Students, 1995-2002," found that among
the nation's nearly four million female college students, there were six
rapes or sexual assaults per thousand per year during the years
surveyed. That comes to one victim in 40 students during four years of
college--too many, of course, but vastly fewer than Ali's one in
five.
The study cited by Ali used an online survey, conducted under a
grant
from the Justice Department, in which college women were asked about
their sexual experiences, on campus and off, and the researchers--not
the women themselves--decided whether they had been assaulted. The
researchers employed an expansive definition of sexual assault that
included "forced kissing" and even "attempted" forced kissing. The
survey also asked subjects if they had sexual contact with someone when
they were unable to give consent because they were drunk. A "yes" answer
was automatically counted as a rape or assault. According to the
authors, "an intoxicated person cannot legally consent to sexual
contact."
Surely, reasonable people can disagree on that: If sexual
intimacy under
the influence of alcohol is by definition assault, then a
significant
percentage of sexual intercourse throughout the world and down
the ages
qualifies as crime.
The Justice Department stamped a
disclaimer on every page of the survey
report, advising that it is not a
publication of the Justice Department
and does not necessarily reflect its
positions or policies. Ali,
however, treats it as an official government
finding and ignores the
controversies and ambiguities surrounding her "one
in five" figure.
Deans at institutions including Yale, Stanford, and
Brandeis
Universities and the Universities of Georgia and of Oklahoma are
already
rushing to change their disciplinary procedures to meet the
Education
Department's decree. Now, on campuses throughout the country, we
face
the prospect of academic committees--armed with vague definitions of
sexual assault, low standards of proof, and official sanction for the
notion that sex under the influence is, ipso facto assault or
rape--deciding the fate of students accused of a serious crime.
The
new regulations should be seen for what they really are. They are
not
enlightened new procedures for protecting students from crime. They
are a
declaration of martial law against men, justified by an imaginary
emergency,
and a betrayal of the Title IX equity law.
Christina Hoff Sommers is a
resident scholar at the American Enterprise
Institute. She is the author of
Who Stole Feminism? and is working on a
new edition of her 2000 book The War
Against Boys.
(3) Accusations of Student Harassment Leave Professors
Feeling Vulnerable
http://chronicle.com/article/Accusations-of-Student/229029/
April
2, 2015
UC Berkeley
{photo} Scott Masten, chairman of a U. of
Michigan faculty panel and a
business professor at Ann Arbor, asked
{end}
By Peter Schmidt
The former assistant professor at the
University of Michigan at Ann
Arbor says he had no idea what he was walking
into when two
administrators there summoned him to a meeting.
An
email from the two mentioned only concerns about his "alleged
interaction
with university students." At the meeting, he says, their
casual tone and
his own belief that he had done nothing wrong prompted
him to candidly
discuss having dated an undergraduate after she finished
taking a course
from him.
The 2012 meeting turned out to be "a setup," recalls the former
Michigan
faculty member, who spoke to The Chronicle on the condition that it
not
identify him because he and the woman he had dated already have been
harassed online.
The administrators, he says, soon used statements
against him as part of
a sexual-misconduct investigation. Months later,
officials there
declared that he had violated “the spirit of” a university
rule barring
romantic relationships between instructors and their
students.
He faced sanctions that included a salary freeze and a
three-year
postponement of his eligibility for tenure, which he had been on
the
verge of receiving. Told he could appeal his punishment but not the
administration’s finding of guilt, he chose to resign. …
(4) U of
Michigan faculty object to admin’s sex harassment procedures
http://uomatters.com/2015/04/u-of-michigan-faculty-object-to-admins-sex-harassment-procedures.html
04/02/2015
A report by Peter Schmidt in the Chronicle, here:
The
former assistant professor at the University of Michigan at Ann
Arbor says
he had no idea what he was walking into when two
administrators there
summoned him to a meeting.
An email from the two mentioned only concerns
about his “alleged
interaction with university students.” At the meeting, he
says, their
casual tone and his own belief that he had done nothing wrong
prompted
him to candidly discuss having dated an undergraduate after she
finished
taking a course from him.
The 2012 meeting turned out to be
“a setup,” recalls the former Michigan
faculty member, who spoke to The
Chronicle on the condition that it not
identify him because he and the woman
he had dated already have been
harassed online.
The administrators,
he says, soon used statements against him as part of
a sexual-misconduct
investigation. Months later, officials there
declared that he had violated
“the spirit of” a university rule barring
romantic relationships between
instructors and their students.
He faced sanctions that included a salary
freeze and a three-year
postponement of his eligibility for tenure, which he
had been on the
verge of receiving. Told he could appeal his punishment but
not the
administration’s finding of guilt, he chose to resign. …
The
report from the UM faculty committee is here.
On review of the FHC’s
report and other materials, SACUA concurs with
the conclusions of the FHC
that the procedures for handling allegations
against faculty lack the most
basic elements of fairness and due process
and that, in “each of the three
cases investigated,…the process was
deeply flawed” (Report of the SACUA
Faculty Hearing Committee, Dec. 8,
2014 (hereafter FHC), p. 17). More
specifically, we conclude, based on
the available record, that
1. The
procedures of the Office of Institutional Equity currently in
effect, as
presented in their policy documents, lack adequate due
process protections
for faculty subject to OIE investigations, including
fair and adequate
notice, fair investigation processes, and the ability
to appeal OIE findings
and decisions based on such findings.
2. In carrying out its inquiries,
OIE sometimes fails to follow its
stated procedures or exploits discretion
in its procedures to deviate
from “typical” practices, without justification
and to the detriment of
respondents.
3. Both OIE and AHR are staffed
by employees who lack the academic
backgrounds necessary to evaluate matters
of an academic nature and
whose status as employees subordinate and
reporting to the executive
officers of the University creates a conflict of
interest inconsistent
with their professed neutrality.
(5) The White
House War on Men - National Association of Scholars
http://www.nas.org/articles/the_white_house_war_on_men
National
Association of Scholars
Take a stand in defending the true purposes of
higher education and
unite with thousands of like-minded others.
The
White House War on Men
May 14, 2014 |
Peter Wood
This
article originally appeared in The National Review on May 14,
2014.
Sexual harassment has been a fraught political issue in the United
States for decades. It goes in and out of focus. Right now it is very
much in focus, largely as the result of a new report from the White
House Task Force to Protect Students from Sexual Assault. The report,
Not Alone, was produced at breakneck speed after President Obama
established the Task Force on January 22. That suggests, among other
things, that the Task Force members didn't waste much time on research:
They knew what they wanted to say before they convened.
Not Alone is
causing some controversy, mainly because of some very broad
and surely
misleading declarations. But before taking those up, let's
glance back at an
idea that has had several previous moments of celebrity.
In the beginning
was Title VII of the Civil Rights Act of 1964, which
brought forward the
idea that some work environments could be "abusive."
While the law lists sex
-- along with race, color, national origin, and
religion -- as a category on
the basis of which employers are forbidden
to discriminate, no one at the
time seemed to be thinking that much
about bosses saying sexual things to
workers or coming on to them. The
Supreme Court first gave legal life to
that idea in 1986, when it held
that sexual harassment was a form of
workplace discrimination.
In 1992, the Court extended this to schools.
And in 1993, it said
employers could be sued for sexual harassment even by
workers who had
suffered no "psychological injury."
The Court also
entered the story in another important way. The September
1991 confirmation
hearing on nominee Clarence Thomas was dominated by
the testimony of Anita
Hill, who claimed that Thomas had harassed her on
the job at the Department
of Education and later at the Equal Employment
Opportunity Commission.
Thomas was, of course, approved by the Senate
anyway, but the hearings
prompted Congress to amend the law to allow
punitive damages in
sexual-harassment cases.
Higher education was no stranger to the topic.
Even before sexual
harassment started evolving as a legal doctrine off
campus, it was
aggressively taking shape as a set of speech codes at the
nation's
colleges and universities. My organization, the National
Association of
Scholars, weighed in with a warning in 1993 that the
sexual-harassment
doctrine appeared to be, in some key respects, at odds
with academic
freedom. Even back then, college administrators were making
expansive
claims, including, "Sexual harassment can be as blatant as a rape
or as
subtle as a look. Harassment . . . often consists of a callous
insensitivity to the experience of women."
Definitions this broad
lent themselves to being used as bludgeons.
Careers were ruined on the basis
of unsubstantiated allegations.
The sexual-harassment doctrine has had
two major public airings since
Anita Hill. Senator Bob Packwood, a
Republican from Oregon, resigned in
1995 after allegations surfaced that he
had harassed and abused female
staffers and lobbyists. Then, of course, came
the cascade of President
Bill Clinton's scandals, which resulted in the
advocates of strict
sexual-harassment codes beating an ignominious retreat.
They favored
President Clinton for many of his policies and couldn't bring
themselves
to demand that he be held to account for his personal
behavior.
The next big chapter in sexual-harassment rules came last year,
when the
Civil Rights Division of the Department of Justice and the Office
of
Civil Rights at the Department of Education began issuing rules that
dramatically lowered the standard of evidence needed in adjudicating
campus allegations of sexual harassment. Under the new rules, a
"preponderance of evidence" was sufficient to find someone guilty. That
meant that in cases where the evidence split nearly down the middle as
to who was telling the truth, with just a slight edge for the accuser,
the college could and should assume the accused is
guilty.
Technically, the balance could be the merest fraction in favor of
the
accuser: 50.00001 percent would do the trick. But, of course, in
practice the approximations meant nothing. The rules are effectively a
mandate to assume guilt absent overwhelming evidence of innocence, and
as the rules get applied, we've seen cases where even dramatic
exculpatory evidence has been ignored.
The new White House report,
Not Alone, follows the earlier lowering of
standards of evidence with a
demand for -- what else? -- further
lowering. The report begins with the
dramatic and much-disputed
declaration that "one in five women is sexually
assaulted in college."
This factoid derives from an extrapolation of a
survey that asked women,
among other things, whether anyone had ever
"attempted" to force a kiss
on them, or whether they had ever had a sexual
experience while drunk.
Researchers retrofitted the "yes" answers to the
category of "sexual
assault." That doesn't mean the number is necessarily
wrong or off the
scale, but it deserves to be approached with skeptical
care. The FBI's
Uniform Crime Statistics, which no doubt undercounts the
instances of
assault, puts the figure at one in 40.
We hear a lot of
complaints on campus these days about "slut shaming,"
which is the
now-discountenanced practice of looking with disfavor on
promiscuity. We are
in apparent need of a category of "humbug shaming,"
which is the rude
practice of pointing out that the premise isn't true.
At the center of
the White House report is praise for "New Investigative
and Adjudicative
Protocols," including something called the "single
investigator" model,
which would empower a single campus official to:
"interview the complainant
and alleged perpetrator, gather any physical
evidence, interview available
witnesses -- and then either render a
finding, present a recommendation, or
even work out an
acceptance-of-responsibility agreement with the offender."
Critics are
rightly alarmed. One calls it the White House "War on
Men."
It took our civilization a few thousand years to achieve a
separation of
powers that unmixed the authority of the police to investigate
from the
authority of prosecutors, defense attorneys, judges, and jurors and
to
put the presumption of innocence and the right to face one's accusers at
the center of the proceedings. It has taken the higher-education
establishment and the White House Task Force just a few months to figure
out that all that fuss was unnecessary. One enlightened administrator
can do the whole job.
(6) Rolling Stone and the myth of a rape
epidemic - Spiked Online
http://www.spiked-online.com/newsite/article/Rolling-Stone-and-the-myth-of-a-rape-epidemic/16306
Rolling
Stone and the myth of a rape epidemic
Sean Collins
US
correspondent
Rolling Stone's rape hoax speaks to a new hysteria on US
campuses.
8 December 2014
For years now, academics and activists,
backed by university
administrators and government officials, have promoted
the idea that
there is a rape epidemic on US campuses, enabled by a 'rape
culture'
that pervades social life. This notion has created a frenzied and
highly
emotional atmosphere in colleges, with accusations flying and campus
tribunals handing down sentences for what are essentially criminal acts.
The stunning news that Rolling Stone now disowns its story that claimed
a female student was gang-raped at a University of Virginia (UVA)
fraternity shows that the drive to root out 'rape culture' is spinning
out of control. We're living through a full-blown panic, akin to the
daycare sexual abuse scandals of the 1980s and early 1990s, with bad
consequences for both women and men.
The Rolling Stone article,
written by Sabrina Rubin Erdely, described in
graphic terms how a young
woman, 'Jackie', was lured by her date to a
room in a fraternity, where she
was allegedly raped by seven men, as
part of a premeditated initiation
ceremony. The terrible details
included: smashing Jackie through a
plate-glass table, cutting her
badly; the men laughing in response to her
cries, and saying things like
'grab its motherfucking leg'; the men calling
each other names like
Armpit and Blanket. Appearing after a three-hour
ordeal, three friends
discourage Jackie from reporting this to the police or
the university,
or from going to a hospital, because they fear they will be
banned from
future parties at this fraternity.
After some began to
raise questions, an investigation by the Washington
Post unearthed details
that contradicted the story: the fraternity
didn't hold a party on the date
cited by Jackie; the man named as the
alleged attacker belonged to a
different fraternity, and he says he
never met Jackie; no member of the
fraternity worked as a lifeguard, as
Jackie claimed her attacker did; the
fraternity doesn't have a pledging
or initiation process in Autumn, when the
alleged attack was said to
have occurred; a male friend of Jackie says she
was not found in a
bloody dress that night, nor did he or others try to
dissuade her from
reporting an assault. In the face of such revelations,
Rolling Stone
backtracked and apologised to its readers.
The
unravelling of the Rolling Stone article is not an isolated event,
nor
simply the case of one journalist's lapse in ethics. The New York
Times has
highlighted cases at colleges such as Columbia and Hobart and
William Smith,
among others, in a similar way to Rolling Stone's latest,
focusing on the
accuser's allegations at the expense of the full picture
(an enterprising
journalist might revisit these stories, too). But more
importantly, the UVA
story is the product of a fevered atmosphere
whipped up by 'rape culture'
campaigners, an atmosphere where advocacy
and emotion override
fact.
Central to the myth of a rape epidemic is a statistic: that one in
five
women are sexually assaulted on US campuses over four years. The survey
from which this statistic derives has been thoroughly debunked by
Christina Hoff Sommers and others, who note, in particular, that the
survey was based on a small sample (two schools) and a definition of
assault so broad as to include uninvited touching and kissing, which
even most respondents did not think rose to the level of an attack. In
fact, according to more reliable Department of Justice data, sexual
assault has fallen by more than 50 per cent in recent years, to a rate
of 1.1 per 1,000 women, with similar rates on and off campus.
(7)
Single women in China "are still not permitted to have a child
outside of
wedlock"
http://thediplomat.com/2015/03/chinas-hidden-children/
China's
Hidden Children
The country's one-child policy has created an astonishing
number of
unregistered children.
By Stephanie Gordon for The
Diplomat
March 12, 2015
It might seem impossible that 13 million
children could escape the
notice of the central Chinese government, but this
is exactly what was
revealed in the 2010 census. A population the size of a
small country
has been denied birth registration and the corresponding proof
of
identity known as the hukou (household registration) by local Chinese
governments. This document is usually necessary for children to access
education.
Most of these children were born to parents that had
broken the
"one-child policy," a policy enforcing birthing restriction for
all
Chinese citizens. Defiance of the policy, in itself, will not necessary
lead to a child being undocumented. Usually, children denied birth
registrations are those whose parents have yet pay a "social
compensation fee" - a fine for having their child without permission.
Although this is an illegal action by local police bureaus, not only is
denial of birth registration prevalent, many state officials see it as a
key component of enforcing restrictions on reproduction.
The fines
parents receive depend on the disposition of their local
officers and the
parent's income. Localities show considerable
variations in how its
calculate fines. Some charge fines parents are
unable to afford. Parents
unable to pay their fines may face the risk of
repeated short-term
detention, while others are taken to court or have
their assets seized.
Parents report daily harassment by local thugs or
local government
officials. In other locations, parents might receive
sympathy from their
local cadre, or pull in favours to reduce their
fines. Luck, connections and
money effectively play a part in
determining when a child can become
recognized.
Only when the 2010 census was conducted did the scale of the
problem
emerge. The central Chinese government makes it a priority to
collect
accurate demographic data, so around the time of the census parents
are
encouraged to admit if their children were undocumented. Parents were
promised that the information would not be shared with the local police
bureau or the population and family planning department. Consequently,
it was revealed that 13 million children were undocumented.
Of
course, not all parents would have confessed the existence of their
illicit
children. Assurances notwithstanding, some would have worried
that it would
lead to demands for money from their local government. In
previous censuses
similar promises to parents of anonymity were broken.
So the true population
of hidden children could be significantly larger.
Five years on from that
2010 census and things are slowly changing. The
one-child policy was
significantly modified in 2013, and couples now can
have two children if one
parent is an only child. So, in theory, the
number of undocumented children
should decline as more parents than ever
before can legally have two
children.
But the political landscape of childbirth is not as transformed
as one
might imagine. By law, prior to 2013 rural citizens were already able
to
have a second child if their first was a girl; so most rural couples are
under the same regulations as before. Besides, restrictions on
childbirth are still in place for third children and beyond, and single
women are still not permitted to have a child outside of
wedlock.
Moreover, the relaxation allowing second children is rarely
retrospectively applied by local governments, so parents who breached
the policy prior to 2013 still face fines. The result has been that many
parents who should be allowed second children under current law are
still fighting to register their child's birth.
Being an undocumented
child implies facing daily difficulties. Take Ms.
Li*, for example, a
Beijing resident interviewed last September. Her son
is already 8 years old,
and has no birth registration and thus no legal
documentation. He has been
denied the hukou because not only is he a
second child born without
permission; he was also born outside wedlock.
Consequently Li has been fined
particularly harshly - $50,300. Until
this is paid, her son will continue to
live without documentation.
Given that Li earns $300 a month she has
little hope of her ever paying
the fine. For now, her child attends an
illegal private school, but
there are no secondary schools he can attend
without legal documentation.
Li is not alone: Countless other parents are
in similar circumstances,
while stories continue to surface in the media.
Last year, the story of
a father of four from Guizhou province, Mr. Wang
made it into Western
media. Wang committed suicide when his children were
denied the hukou
and education until he paid a fine of $3,500. As an
improvised farmer he
could not afford the amount. Only upon his death did
the local
government register the births of his children, and now they can
have an
education.
Given that the hukou is vital for a child's
survival, parents of
unregistered children must quickly find the money to
ensure their
children can gain an identity. Most try to ensure they can do
so before
the child's sixth birthday, the age at which children enter
school. Some
parents take out loans from loan sharks or borrow from family
and
friends. Others sell off assets to raise cash.
Those who cannot
pay their fine can attempt to fight back. Li, for
example, tried to sue her
local government several times. With the help
of a grassroots NGO she found
legal representation. But in a state with
no independent judiciary, her case
was dismissed.
The case of China's missing children says something
revealing about the
Chinese state. It seems counterintuitive for so many
children to be
denied legal documentation: China's civil documentation
system - the
hukou system - is a cornerstone of Chinese governance. When a
birth is
registered, a child is put onto a family or work unit's hukou
booklet
and onto a digital database. This registration gives a person access
to
an ID card, which is necessary for all facets of modern life, such as
employment, travel, marriage, and state welfare. The hukou is also
needed for children to access state education. Within the hukou system a
person's life is documented. So all citizens should be - and indeed,
want to be - registered in the system because they need civil
documentation.
The hukou system has also allowed the Chinese government
to control
migration; because citizens are allowed only to work and access
education and welfare in the location they are registered. The documents
citizens hold dictate their citizenship rights. In some circumstances
citizens can temporarily register their residence in another location,
or even move their registration to another city. But the central and
provincial governments attempt to control that process. Of course, there
is some illegal migration, but this does not allow citizens any rights
in the cities they reside. Consequently, the central government places
great emphasize on maintaining the hukou system.
So denial of the
hukou, despite its importance for central government,
points to deeper
cracks within the Chinese state. Local governments hold
children's identity
documents to ransom until the fines are paid for the
parent's transgression,
even though that undermines the central
government's system of migratory
control.
Local governments do this because they continue to benefit from
the
revenue gained from the childbirth policies, and they have no need to
declare how this revenue is allocated. The central government can do
little but turn a blind eye to this if they want their policies
enforced. But in the long run, the central government knows that a
complete civil documentation system is essential to becoming a developed
country, as is a system of governance whereby local, provincial and the
central government work in unison.
Stephanie Gordon is a social
researcher across the Chinese legal,
political and anthropological fields,
with a focus on human rights.
*Her name has been changed to protect her
identity.
(8) Israel changes Child Custody in divorce cases, from Mother
to Joint
http://duns100.globes.co.il/en/article-1000983916#fromelement=hp_folders
Child
support a revolution!
15:16 ,04.11.14 | Adv. Eymi
Bechor-Bouni
Joint custody is now the default option and child support is
calculated
accordingly.
The revolution in Israeli family law is no
longer a dream or imaginary
but a reality that is alive and kicking. The
change is socio-legal and
undoubtedly influences all of Israeli
society.
There is no dispute that the outcome of any divorce or
separation
proceeding in which children are involved can always be examined
by two
questions: the question of child custody and their upkeep, and the
question of their financial support. In the not so distant past, just
some years ago, and in fact until the publication of two main reports on
the subject the Shifman Report and the Shnit Report - there was a real
legal certainty, and somebody coming to court could easily prepare for
the findings of the debate. It was clear that the custody of minors
would go to the mother and financial support for the children would be
paid for by the father. The amounts would also be ruled upon and fell in
a known and clear range, more or less.
As said, until not very long
ago, there was a possible scenario in which
the mother earned three or four
times that of the father but still did
not pay even one shekel towards the
child support, and the father bore
the sole obligation to support the
children. The situation was
undoubtedly unequal and reflected a dismal
reality for one of the
parties. However, this situation has changed, not
through legislation,
but through a socio-legal revolution implemented by the
family court judges.
Consequently, every divorce or separation proceeding
in which children
are involved is examined by two questions, the question of
child custody
and their upkeep, and the question of their financial support.
Due to
the revolutionary and dramatic developments on the issue of the
custody
of minors, which impacts directly on the financial support of
minors, it
is not possible to review the latter question without first
understanding the former question.
I will mention here that I argue
that there is no other legal question
since the establishment of the State
of Israel that has undergone such a
dramatic change, in effect a change of
180 degrees, like the issue of
child custody in family matters and in such a
short time. And what are
we talking about. Until the publication of the
Shnit Committee
conclusions "joint custody" was the rarest of terms in the
family
courts. In fact, if you wanted a judge to approve an agreement in
which
it was written that the parents had agreed on joint custody, the judge
would refuse. It was really like that. In order to get an agreement like
that approved the lawyer representing the case had to bring approval
from a social worker or psychologist that it was indeed for the good of
the child. Today joint custody is the default option for the family
court. In the past the belief was that the parents had to be in optimal
and constant contact in order to be joint parents, not arguing, living
close by and conducting a dialogue about the child on a daily basis.
Today if there is no contact, the family court will immediately set
joint custody almost as a preventative act or "treatment" for the lack
of contact.
About one year after the appointment of the Shnit
Committee on 5.6.06,
another committee was appointed. The committee's aim
was to examine the
subject of child support in the State of Israel. The
committee headed by
Prof. Pinhas Shifman formulated the Right of the Child
to Economic
Support Bill 2012 5773. Its finding were submitted on 21.11.12
to the
then Minister of Justice Yaakov Neeman. This date constitutes a
dramatic
turning point in the debate on child support.
The starting
point on which the committee recommended was that the
obligation falls upon
both parents to financially support their children
according to their
economic abilities and in relation to the amount of
time that the children
live with each one of them. The amount of the
child support will be set
according to mathematical formulae based on
these two parameters. And in
practice a calculator has been published on
many Internet sites that makes
it possible to "calculate" using it, the
amount of financial support that
will be set. I repeat and reiterate
that the law has not been changed, the
support of young children must
still be practiced and maintained and the
ruling by individual law
setting absolute support by the father until aged
15. Here is an example
of such a ruling that proves my point that we are
talking about a
revolution: a ruling that was handed down by Judge Vilner in
the Haifa
District Court began a "snowball" of a revolutionary policy, which
is a
policy of reducing child support through to cancelling joint custody.
And these are her words: "The obligation of the father to pay child
support stands in my opinion only in those cases where the minors are
found in the custody of the mother, and that it is she who directly
bears the necessary expenses of the children out of an obligation to
support them" ...... "It seems to me right to set a reduction in the
rate of the father's support in cases of joint custody at about 25% of
the amount of support that the father would be obligated to pay if the
children were in the sole custody of the mother."
As Judge Yaakov
Cohen ruled in a judgment handed down in December 2013,
which set that
parents with joint custody spending an equal amount of
time with the
children and having an equal salary need no child support
at all! In
February 2014, the honorable Judge Tamar Snonit Forer ruled
that when
parents hold joint custody with similar salaries (if not
equal) and equal
division in the burden of raising the children and thus
the expenses of the
children, there is no need for child support.
However, the allowance for the
disabled child would actually go to the
father because that child spent more
time with the father. The honorable
judge also asks: "Why should one parent
carry the burden of child
support alone and why in the circumstances of this
case should one of
the parents pay the second one child support?"
A
number of additional examples that have taken place recently: The
honorable
Judge Yehoram Shaked has joined the revolution and published a
judgment that
ruled that under personal law it is not necessary to pay
child and housing
support. In a similar vein, the honorable Judge Iris
Arbel has also ruled
under personal law from her seminary that joint
custody does not require
child support. These judges have been joined by
Shiri Hyman in a ruling that
was not published that sets child support
at just NIS 600 per child per
night for three children.
These are just a few small examples from dozens
of rulings which
represent a dramatic change in child support judgments. The
future is
already here and it is not clear if the Supreme Court will also
join, or
perhaps it will speak out strongly against the new ruling. Only
time
will tell.
The author is the Founding Partner of the Eymi
Bechor-Bouni Law Firm
(9) Police don't prosecute women for Domestic
Violence they commit -
Australian Senator
http://www.theguardian.com/society/2015/jan/07/women-given-free-pass-on-domestic-violence-says-former-nationals-mp
Women
given 'free pass' on domestic violence, says former Nationals
senator
Bill O'Chee says women 'just as capable of killing as men' and
should be
prosecuted by police
{photo|
Bill O'Chee says police are
failing to prosecute women for acts of
domestic violence. Photograph: Roje
Adaimy/AAP {end}
Bridie Jabour
Wednesday 7 January 2015 16.04
AEST
The former National party senator Bill O'Chee says women are being
given
a "free pass" by police on domestic violence and are just as capable
as
men of killing, "especially when children are involved".
O'Chee, a
columnist for Fairfax Media's Brisbane Times, wrote that equal
opportunity
for women meant equal responsibility for their actions,
especially criminal
ones, but police were failing to prosecute them for
acts of domestic
violence.
Citing the stabbing murder of eight children in Cairns by the
mother of
seven of them, the woman who allegedly dumped her baby in a drain
and a
woman who was charged with attempted murder of two children after
allegedly setting a house on fire, O'Chee said it proved "domestic
violence is an equal opportunity killer".
"Women are just as capable
of killing in domestic circumstances as men,
especially when children are
involved," he said.
O'Chee said he had a solicitor friend who "ruefully"
did not charge one
woman with domestic violence when he was a police
prosecutor.
"Upon reflection, he agreed there was an inherent bias in the
way police
treated female perpetrators of domestic violence. They usually
get a
free pass," he wrote.
"The problem with this is that we know
people who commit acts of
domestic violence are likely to escalate their
crimes over time, unless
they are brought in check. It follows that every
time Queensland police
give a woman a free pass on domestic violence,
because she is a woman,
they may be creating a future domestic
killer."
O'Chee cited statistics from the Australian Institute of
Criminology
that show more than 45% of family-related murders of children
between
2008 and 2010 were committed by the mother.
Data from various
sources shows that on average one woman is killed
every week in a domestic
violence situation. Four out of five
intimate-partner homicides involve a
man killing his female partner,
data from White Ribbon Australia
shows.
Data from the Department of Families, Housing and Community
Affairs show
64% of women who experienced physical assault and 81.1% of
women who
experienced sexual assault did not report it to police.
The
chairwoman of the Women's Electoral Lobby, Melanie Fernandez, called
O'Chee's comments irresponsible.
"Statistics clearly show the victims
are mainly woman," she said. "One
woman a week is killed by a partner or ex
partner - it's not the same
for male victims."
Fernandez singled out
O'Chee's comment that women were just as capable
as killing in a domestic
situation as "just not accurate".
"It's pretty disappointing to see
something like this published without
a balanced or accurate view; it's
quite problematic. We've got such a
big problem of violence against women.
To put something forward like
this decreases the serious nature of that,"
she said.
O'Chee, a Queensland senator between 1990 and 1999, was
especially
critical of police, who he claimed repeatedly were failing to
prosecute
women over domestic violence.
"They have no right to
effectively condone domestic violence against men
and children by refusing
to charge offenders if they are women," he wrote.
"If the police are
happy to charge women with armed robbery, drug
trafficking or extortion, why
are they not equally willing to charge
them with domestic and interpersonal
violence?"
A bill was introduced into Queensland parliament last year to
strengthen
domestic violence laws. The parliamentary committee heard
evidence of
police telling victims to leave the house until the perpetrator
had
"calmed down".
(10) Domestic violence an equal opportunity killer
- Senator Bill O'Chee
http://www.brisbanetimes.com.au/comment/the-hermit/domestic-violence-an-equal-opportunity-killer-20150106-12j55i.html
Domestic
violence an equal opportunity killer
January 7, 2015 -
6:11AM
Bill O'Chee
Women are just as capable of killing in
domestic circumstances as men,
especially when children are
involved.
For me the most tragic image of 2014 was watching a father
break down
crying "My babies, my babies" at a memorial service for his
children,
two of eight child victims of a Cairns domestic house of horrors.
The
alleged killer was mother to seven of the children, and the aunt of
another.
In Brisbane, another woman was charged in December over the
deaths of
two children, and the attempted murder of two others.
And
we must not forget the mother who attempted to kill her newborn baby
in
Sydney just weeks before by dumping him down a stormwater drain.
Fortunately
he survived for six days before being discovered and rescued.
If
something is to be learned from all of these incredibly sad cases, it
is
that domestic violence is an equal opportunity killer. Women are just
as
capable of killing in domestic circumstances as men, especially when
children are involved.
This is borne out by the latest statistics
from the Australian Institute
of Criminology. These show that between 2008
and 2010, in family related
murders of children, more than 45 per cent of
the killers were the mother.
Last year, when I wrote about domestic
violence against men, I was
contacted by a solicitor friend who was keen to
discuss the matter. He
had been a police prosecutor for 10 years before
going into practice for
himself. He ruefully admitted that in those ten
years he had never
charged a woman with domestic violence, notwithstanding
the fact over
one third of domestic violence victims are men.
Upon
reflection, he agreed there was an inherent bias in the way police
treated
female perpetrators of domestic violence. They usually get a
free
pass.
The problem with this is that we know people who commit acts of
domestic
violence are likely to escalate their crimes over time, unless they
are
brought in check. It follows that every time Queensland Police give a
woman a free pass on domestic violence, because she is a woman, they may
be creating a future domestic killer.
Unfortunately, while our
enlightenment about the dangers of domestic
violence is growing, it is not
matched by an equal enlightenment about
who might actually commit that
domestic violence.
Dr Elizabeth Celi, a psychologist and author on men's
health, has some
interesting insights into the issue. She says public
awareness of
domestic violence often falls short of portraying the whole
story.
"Decades of rightly raising public awareness for female victims of
domestic violence, have simultaneously lacked in accurate public
education that women can also be abusive and violent, toward other
women, men and children," she says.
She also points out that turning
a blind eye to women who commit
domestic violence puts children at
risk.
"Children are affected by abusive and violent behaviour regardless
of
the perpetrator's gender. Our children don't deserve to be put at risk
by overlooking women's abuse and violence."
It is time to admit that
all domestic violence is to be deplored,
irrespective of who commits it, or
who is the victim.
It is also time for Queensland Police to change their
ways. They have no
right to effectively condone domestic violence against
men and children
by refusing to charge offenders if they are women. If the
police are
happy to charge women with armed robbery, drug trafficking or
extortion,
why are they not equally willing to charge them with domestic and
interpersonal violence?
Equal opportunity for women must also mean
equal responsibility for
their actions, including their
crimes.
Domestic violence is not a gender battleground, or at least it
shouldn't
be. It is about keeping people safe, especially
children.
How many more children must suffer or die before we learn this
lesson?
(11) Australia holds national summit to curb “endemic” domestic
violence
From: Iskandar Masih <iskandar38@hotmail.com>
Subject:
RE: National Summit on Domestic Violence
Date: Wed, 7 Jan 2015 04:33:28
+0500
10 Dec, 2014
https://www.travel-impact-newswire.com/2014/12/australia-holds-national-summit-to-curb-endemic-domestic-violence/
Canberra,
8 December 2014 – The Minister Assisting the Prime Minister
for Women,
Senator Michaelia Cash today delivered the opening address
for the inaugural
National Domestic Violence Summit, emphasising that
all Australians have a
role to play in changing the attitudes that
create and sustain the endemic
culture of violence in Australia.
“Ensuring the whole community works
together – from the grassroots level
to the highest echelons – is vital if
we are to see a decrease in
domestic violence incidents in Australia,”
Minister Cash said.
“The National Domestic Violence Summit is a leading
example of
governments and the community sector working together to deliver
a
whole-of-community approach to addressing violence. The summit is an
opportunity for governments, academia, service delivery agencies, and
the not-for-profit sector to share best practice approaches to
preventing and reducing violence against women and children and
strengthen domestic violence strategies in Australia.”
On 27 June
2014, Prime Minister Tony Abbott MP launched the Second
Action Plan under
the National Plan to Reduce Violence Against Women and
their Children
2010-2022. The Coalition Government is making a
significant investment to
reduce – and ultimately eliminate – violence
against women and children,
providing more than $100 million over the
next four years to support the
Second Action Plan.
“The Second Action Plan has a strong focus on
delivering tangible
benefits for women and communities that have diverse
experiences of
violence – this includes a concerted focus on Indigenous,
culturally and
linguistically diverse women and women with disability,”
Minister Cash said.
“It is intolerable that in Australia one in three
women will experience
physical violence and one in five will experience
sexual assault in
their lifetime. Whilst Australia has been heralded
internationally as a
leader on dealing with violence against women, it is
also recognised
that the level of domestic violence in our society is
endemic.
“That is why a national and coordinated approach is fundamental
to
making sustained and meaningful progress. Only by working together with
government, media, community and civil society organisations can we
change community attitudes about gender equality and promote a
nation-wide change in the culture, behaviour and attitudes that underpin
violence against women.
“Together, we can make a real change and
eliminate family violence, once
and for all.” ==
(12) National Summit
on Domestic Violence
Iskandar Masih<iskandar38@hotmail.com> 7 January
2015 at 09:33
To: Iskandar Masih <iskandar38@hotmail.com>
Is
there really an upsurge in domestic violence in recent times? Of
course
there has always been some of this going on, but has it actually
increased
in recent years?
If so, why? Is it simply a result of economic
uncertainties? the
insecurities of the post-modern conditions?
Or
does it bear any relation to the changed understandings of gender
roles? Do
men feel 'unempowered' or 'disenfranchised' by the growing
assertiveness and
independency displayed by their women, leading to them
feeling insecure, and
thus resorting to violence or 'psychological
control' as a means to
compensate, to recover some sense of their
'manhood'???? Have we actually
found here that the new liberal mores
just don't mix with the basic
fundamentals of our humanity? Or is it
simply that we haven't yet shrugged
off our evolutionary 'cave man'
instincts like we should (according to
modern liberal expectations)?
Can relationships really work on the basis
of 'equality'? Or is this
merely a liberal pipe-dream?
Or is it just
that those who resort to, or succumb to using violence are
more sinful than
the rest of us?
But it has often been said (in N.Z.) anyway, that
violence usually
results from ongoing unresolved tensions in the
relationship. But what
is the underlying cause of these tensions? Is the man
experiencing
frustration because he can't find the right way to 'be a man,'
to be
satisfied and fulfilled in his male role, because he has been induced
to
give-way to the new assertiveness and independency of today's
women?
I would be interested to learn your thoughts on
this.
Sincere,
Isk
(13) Midwife is denied access to her bank
accounts, while lawyers charge
her £400 an hour
http://www.telegraph.co.uk/health/elderhealth/10746500/Miss-G-94-falls-into-the-clutches-of-the-mysterious-Court-of-Protection.html
'Miss
G', 94, falls into the clutches of the mysterious Court of Protection
A
former midwife is denied access to her bank accounts, while lawyers
charge
her £400 an hour
By Christopher Booker
4:38PM BST 05 Apr
2014
There have been further bizarre twists to the unhappy story I
reported
two months ago, of how "Miss G", a frail 94-year-old former midwife
living in her own £350,000 house in east London, has fallen into the
clutches of the weird system that operates under that mysterious body,
the Court of Protection.
Since 2012, Miss G has been capably looked
after by a couple who live
with her and whom she regards as "family". But
the social workers of her
local council, Redbridge, became so cross when she
dispensed with the
inadequate services of "carers" they had nominated for
her, and so
concerned that she might leave her property to her new carers,
that they
applied to the Court of Protection to have her declared as lacking
the
"mental capacity" needed to take decisions over her own life.
All
control over her affairs and finances was handed to the council and
to the
Official Solicitor, paid for from her savings. Apart from an
allowance of
£100 a week, she was denied access to her bank accounts or
statements. The
court ruled that she must allow the social workers to
enter her house,
unannounced, at any time, in a way that she resents as
"harassment".
Her plight has aroused such press interest that, at the
latest court
hearing, Redbridge applied for an injunction banning her from
having any
further contact with journalists. Even more oddly, I gather from
people
also in court in a professional capacity, the barrister acting on
behalf
of the Official Solicitor as her "Litigation Friend" (although he
agreed
with everything the council asked for) announced midway through the
hearing that, because the funds in her account were running out, he
could no longer continue to act for her.
These observers tell me that
"her" lawyers' fees amounted to some £400
an hour, and that a bank statement
showed that since November her
account has diminished by £25,000. So this
frightened, still articulate
old lady is only permitted £100 a week to live
on, while her lawyers
have been able to charge four times as much an hour,
to the point where
her barrister says she has so little money left that he
can no longer
afford to represent her.
(14) Family Court disaster:
Social Workers represent the 'interests of
the child'
http://www.spiked-online.com/newsite/article/family-court-reform-a-disaster-for-parents/14949
Family
court reform: a disaster for parents
In the name of efficiency, the
Children and Families Act will make it
easier to take children away from
their parents. T
24 April 2014
This week, the Lib-Con coalition
government enacted what it has called
the 'largest family-justice reform for
a generation'. The Children and
Families Act 2014, which came into effect on
22 April, allows for
wide-reaching changes to the way that the family courts
operate,
including an extendable 26-week limit to care proceedings and
limits on
the use of expert-witness evidence. The family justice minister,
Simon
Hughes, said that the reforms 'focus on the children's needs rather
than
what parents see as their own rights'.
While the act makes
provision for a number of sensible administrative
changes to the family
courts, such as ensuring that the same judge hears
the same case throughout
all the relevant hearings, the central point of
the act is to make family
justice more 'efficient'. The act follows the
independent Family Justice
Review undertaken by David Norgrove in 2011,
which concluded that the system
is often subject to 'unconscionable
delay' which was 'fuelled' by a judicial
'distrust of local authorities'.
He continued: 'It is of course right
that we endeavour to keep families
safely together, but we must also be
quicker to recognise when this is
not possible'. Peeling back the flowery
language, the philosophy behind
the reforms is clear: judges must be more
willing to put children into
the care of local authorities
quickly.
This focus on 'efficiency' is symptomatic of a system which is
drifting
towards the Kafkaesque. Consider what Hughes means when he talks
about
'the children's needs' in the context of care proceedings. In 2001,
the
Labour government established the Children and Family Court Advisory and
Support Service (CAFCASS). CAFCASS became the largest employer of social
workers in England and Wales following the introduction of the role of
the family court adviser (FCA). FCAs represented a new presence in the
family courts, in the form of social workers who are instructed to
represent the 'interests of the child' in care proceedings.
FCAs are
instructed by the court to attend to families, interview
parents and their
children (often separately) and make 'representations
and recommendations to
judges' as to what is in the interests of the child.
I spoke to a
family-law solicitor recently who had experience
representing parents in
care proceedings. She told me that because FCAs
purport to represent the
'interests of the child', their findings can
often be determinate in
family-court proceedings. She said: 'If you get
a bad report, the case is
more or less over for the parents.' Another
lawyer I spoke to said that,
because of judges' increasingly limited
involvement, cases often 'turn on a
barrister's ability to undermine the
credibility of a social worker'.
Lawyers can even instruct a private
social worker in an attempt to undermine
the findings of the CAFCASS
representative.
The view from lawyers
appears to be that the judge's role in such cases
is little more than as a
rubber stamp for the views of government social
workers, who function under
the powerful mantle of 'acting in the
interests of the child'. The
efficiency agenda embodied in the Children
and Family Act is not only a snub
to the rights of parents, but also an
indication of the lack of trust that
parliament has in judges to resolve
cases fairly. When Hughes talks about
advancing the interests of the
child, what he is really talking about is
advancing the gospel of the
government social worker.
This is
particularly worrying when you consider that CAFCASS states on
its website
that it 'works within the strategic objectives agreed by
[its] sponsor
department and contributes to wider government objectives
relating to
children'. So when Hughes talks about the 'needs of the
child', in a
roundabout way he is in fact talking about the needs of
CAFCASS's 'sponsor
department' within government. It is not difficult to
see how this could
become dangerous when UK education secretary Michael
Gove has been
responsible for appointing personnel to the CAFCASS board.
Gove has
previously boasted of 'working hard to make it quicker to get
children into
care'.
Consider also the influence of children's charities in the
government's
approach to family intervention. Sir Martin Narey, the former
chief
executive of Barnado's, undertook a review on behalf of Gove's
department into social-work training. It was Barnado's who called for a
30-week limit to care proceedings, bemoaning how the 'evident lack of
credence given to social workers' today is one of the causes of
'significant delays'. In the end, the government opted for a time limit
of 26 weeks. The words of Barnado's are almost exactly replicated in the
recommendations of Norgrove's purportedly independent review.
The
Children and Families Act might be the most significant reform of a
generation, but it is also a development of a trend which was already
well underway: the reorientation of the family courts around the
efficient removal of children from their homes. As part of this
reorientation, social workers are now playing an ever-greater role under
the auspices of representing the interests of the child; the
recommendations of openly interventionist children's charities like
Barnado's are now being adopted almost word for word into a purportedly
independent review and then on to the statute book; and mistrust of the
judiciary's ability to judge cases fairly has flourished. But most
worryingly, the reorientation of the family courts has transformed the
rights of parents in the courtroom into inconveniences to be overcome,
as nothing more than 'what they see' as their rights. Rights, that is,
which have no real meaning or substance whatsoever.
Luke Gittos is
law editor at spiked, a solicitor practicing criminal law
and convenor of
the London Legal Salon.
(15) Mum's boyfriend: the worst sexual risk to
children - Bettina Arndt
http://www.theage.com.au/comment/mums-boyfriend--the-worst-sexual-risk-to-children-20140213-32n3s.html
Mum's
boyfriend - the worst sexual risk to children
February 14,
2014
Bettina Arndt
Public attention is riveted on the tragic
stories emerging from the
royal commission into child sexual abuse, but this
is not the main game
when it comes to the risks to children. The most likely
perpetrator of
sexual abuse on children lurks not in public institutions,
but in the
family home.
The villains are sometimes fathers or other
relatives, but the rapid
increase in the proportion of children who do not
live with their two
biological parents - now more than one in every four (27
per cent) - has
opened the door to dangerous strangers, to mum's new
boyfriend.
We are regularly exposed to sad news stories of children
battered by men
passing through the lives of sole mothers. What we rarely
hear about is
the increased risk of sexual abuse by men who lack the
constraints that
protect most children from incest. That risk is spelt out
in great
detail in a new research report by the Centre for Independent
Studies.
Research fellow Jeremy Sammut cites reviews of more than 70
research
reports providing overwhelming evidence that girls living in
non-traditional families are sexually abused by "stepfathers" - partners
of their single, remarried or repartnered mothers - at many times the
rate of abuse by biological fathers.
One such study, the 2010 US
Fourth National Incidence Study of Abuse and
Neglect, found that children
whose single parent had a partner in the
home were 20 times more likely to
be sexually abused than those in a
two-biological-parent family.
Step
and single-parent families accounted for only one-third of all
children in
the US, but more than two-thirds of all children who
experienced child
sexual abuse. There is research from Britain and many
other countries
showing similar results. Sammut is rightly critical of
the fact that in
Australia we are denied the statistics likely to show
comparable
patterns.
Data on child abuse published by the Australian Bureau of
Statistics and
the Australian Institute of Health and Welfare fail to
distinguish
between fathers and "stepfathers".
Sammut argues this
reluctance to publish relevant statistics is because
of politically correct
attitudes towards family diversity - "namely the
fiction that the
traditional family is just one amongst many equally
worthy family
forms".
The increased risk of child sexual abuse is simply one
illustration of
the fact that a child's life prospects are greatly
influenced by the
type of family they live with. Yet that is an unpalatable
truth many
people are determined to deny.
A Perth researcher working
on a major longitudinal study on the mental
health of children once told me
he shuddered when he heard I had called
to inquire about their latest
findings.
They had found that a key variable was family structure, with
children
in single-parent families most at risk, followed by step-families,
and
those with traditional two-biological parents least at risk. The
researcher had been hoping the findings would slip under the media
radar.
The silence on these issues is driven by nervousness about
offending the
many people in these non-traditional families who are doing a
great job
raising their children. But given the widespread public concern
about
child sexual abuse, it makes no sense to allow such sensitivities to
prevent public discussion on a risk that far outweighs the chances of a
child being groped by a Scout leader or molested in YMCA after-school
care.
So many children now live with single mothers who regularly invite
strangers into their homes. Working as a dating coach, I've been
astonished to hear from male clients who report often being allowed to
stay in the homes of mothers while children of all ages sleep in nearby
bedrooms. The excitement of a new lover encourages reckless
behaviour.
That's hardly surprising. The early "in love" phase of a
relationship
can bring with it profound emotional and physiological changes,
known
for impairing good judgment. The lovesick lack insight or proper
evaluative assessment of the true characteristics of the object of their
attention - they see only the good and ignore the bad in their lovers.
It's a mighty dangerous state for someone caring for
children.
Perhaps the saddest aspect of this risky state of affairs
concerns the
biological father - the divorced dad who fears his child might
be at
risk from new men in his former partner's life.
I've heard so
often from men in this situation who desperately report
their concerns to
the government departments supposedly protecting
children, only to be
dismissed as jealous nutcases.
And yet fathers still are regularly
accused of child sexual abuse in
Family Court battles, while dangerous
strangers are allowed unlimited,
unmonitored access to their
children.
Sammut calls for a public education campaign to end the silence
on this
issue. Let's bring it on.
Bettina Arndt is a social
commentator.
(16) The Child-Free Life
http://content.time.com/time/magazine/article/0,9171,2148636,00.html
Having
It All Without Having Children
The American birthrate is at a record low.
What happens when having it
all means not having children?
By Lauren
Sandler Monday, Aug. 12, 2013
One evening when she was 14 years old,
Laura Scott was washing dishes in
the kitchen with her mother when she
decided she didn't want to have a
child. At 26, Scott got married and waited
for her mind to change. "It
never happened," she says. "And I realized I was
going to be fine." Now
50, Scott is more than fine: she's fulfilled. And
she's not alone. The
birthrate in the U.S. is the lowest in recorded
American history. From
2007 to 2011, the most recent year for which there's
data, the fertility
rate declined 9%. A 2010 Pew Research report showed that
childlessness
has risen across all racial and ethnic groups, adding up to
about 1 in 5
American women who end their childbearing years maternity-free,
compared
with 1 in 10 in the 1970s.
The decision to have a child or
not is a private one, but it takes
place, in America, in a culture that
often equates womanhood with
motherhood. Any national discussion about the
struggle to reconcile
womanhood with modernity tends to begin and end with
one subject:
parenting. If you're a woman who's not in the mommy trenches,
more often
than not you're excluded from the discussion. But being sidelined
doesn't exempt childless women from being scolded. The Weekly Standard's
Jonathan V. Last has made the case in his controversial book What to
Expect When No One's Expecting that the selfishness of the childless
American endangers our economic future by reducing the number of
consumers and taxpayers. With fertility treatment widely available, not
to mention adoption, even clinically infertile women have more options
than ever to become mothers, which increases the possibility that any
woman who doesn't will be judged for her choice.
Even so, women who
choose not to become mothers are finding new paths of
acceptance. As their
ranks rise, so do positive attitudes about leading
a life in which having it
all doesn't mean having a baby.
(17) Doctors call for ban on
Smacking
http://www.theage.com.au/national/hands-off-doctors-take-debate-over-smacking-to-legal-lengths-20130725-2qnf4.html
Hands
off: doctors take debate over smacking to legal lengths
July 26,
2013
A leading group of doctors from Australia and New Zealand is pushing
to
make it a criminal offence for parents to smack their
children.
The Royal Australasian College of Physicians will call for a
legal
amendment to give children the same protection from assault as others
in
the community.
The president of the college's paediatrics and
child health division,
Susan Moloney, said physical punishment could
escalate to abuse. "We
know that a significant number of child homicides are
a result of
physical punishment which went wrong," she said.
Research
shows it can lead to depression, anxiety, aggression,
antisocial behaviour
and substance abuse. In Australia it is legal for
parents to use corporal
punishment on children as long as it is
"reasonable".
Yvette
Andronicus from St Ives, who has two children, says a firm voice
is the most
effective discipline. "I don't think smacking works because
it doesn't teach
the child anything about why the behaviour is wrong,"
she said. "The naughty
corner doesn't really work either.
"You're much better off sitting them
down and talking to them about what
they did, explaining why it's
wrong."
But Associate Professor Moloney said: "If you hit your dog you
could be
arrested - but it's legal to hit your child.
"We protect
children with legislation around pool fences and not smoking
in cars, for
example. This is legislation which would protect children
from physical
punishment." The college, which represents 14,000
physicians, will run a
campaign to educate parents about alternatives to
smacking. It will discuss
the proposal with the National Association for
Prevention of Child Abuse and
Neglect and seek advice from legal experts.
Child psychologist Michael
Carr-Gregg does not advocate smacking but
believes legislation would be
unworkable. "How could you reasonably
monitor and enforce such a law? What
are we going to do? Have the
smacking police?" he said.
Family
therapist Michael Hawton said many good parents smacked simply
because they
did not know the alternatives.
"The problem is many parents simply don't
know what to do or what the
alternatives are so they become frustrated and
they smack or they yell,"
he said.
Justin Coulson, a father of five
children aged three to 13 and an author
on parenting, said education would
be vital to any reform.
"I am in favour of legislation but I don't think
it's enforceable … I
would rather see resources going into education," he
said.
Dr Coulson's research shows a high degree of acceptance for
smacking in
Australia, though bans in 33 countries have lowered child abuse
rates
and crime in general.
Roslyn Phillips, research officer with
the Christian group FamilyVoice
Australia, rejected claims that smacking was
harmful, saying it was
instructive for small children.
"Reasonable
discipline teaches very young children who have no
understanding of logic
where the boundaries are," she said. "A short
physical action indicates
'no'. An abusive action by parents is a crime
but a smack … I think most
people know the difference."
(18) Scientists create False Memores in
Mice
http://www.nytimes.com/2013/07/26/science/false-memory-planted-in-a-mouse-brain-study-shows.html
How
to Make Memories of Things That Never Were
By JAMES
GORMAN
Published: July 25, 2013
The vagaries of human memory are
notorious. A friend insists you were at
your 15th class reunion when you
know it was your 10th. You distinctly
remember that another friend was at
your wedding, until she reminds you
that you didn’t invite her. Or, more
seriously, an eyewitness
misidentifies the perpetrator of a terrible
crime.
Not only are false, or mistaken, memories common in normal life,
researchers have found it relatively easy to generate false memories of
words and images in human subjects. But exactly what goes on in the
brain when mistaken memories are formed has remained mysterious.
Now
scientists at the Riken–M.I.T. Center for Neural Circuit Genetics at
the
Massachusetts Institute of Technology, say they have created a false
memory
in a mouse, providing detailed clues to how such memories may
form in human
brains.
Steve Ramirez, Xu Liu and other scientists, led by Susumu
Tonegawa,
report Thursday in the journal Science that they caused mice to
remember
being shocked in one location, when in reality the electric shock
was
delivered in a completely different location.
The finding, said
Dr. Tonegawa, a Nobel laureate for his work in
immunology, and founder of
the Picower Institute for Learning and
Memory, of which the center is a
part, is yet another cautionary
reminder of how unreliable memory can be in
mice and humans, and adds to
evidence he and others first presented a year
ago in the journal Nature
that the physical trace of a specific memory can
be identified in a
group of brain cells as it forms, and activated later by
stimulating
those same cells.
Although mice are not people, the basic
mechanisms of memory formation
in mammals are evolutionarily ancient, said
Edvard I. Moser, a
neuroscientist at the Norwegian University of Science and
Technology,
who studies spatial memory and navigation and was not part of
Dr.
Tonegawa's team.
At this level of brain activity, he said, “the
difference between a
mouse and a human is quite small.” The part of the
brain in which the
memories formed is an area of the hippocampus called the
dentate gyrus,
which is similar in mice and humans.
“What I find
fascinating about this,” Dr. Moser said, “is that you
actually can point to
a physical substrate to memory,” what the
researchers call an engram.
Neuroscientists have long talked about
engrams, but Dr. Moser said the
research this year and last is the
closest they have gotten to pointing to a
spot in the brain and saying,
“That is the memory.”
In the research
reported Thursday, Dr. Tonegawa's team first put mice in
one environment and
let them get used to it and remember it. They
identified and chemically
labeled the cells in the animals’ brains where
that memory was being formed.
The mice were not shocked in that environment.
A day later, in a
completely different environment, the researchers
delivered an electric
shock to the mice at the same time that they
stimulated the previously
identified brain cells to trigger the earlier
memory.
On the third
day, the mice were reintroduced to the first environment.
They froze in
fear, a typical and well studied mouse behavior,
indicating they remembered
being shocked in the first environment,
something that in reality never
happened. The researchers ran numerous
variations of the experiment to
confirm that they were in fact seeing
the mice acting on a false
memory.
The tools of optogenetics, which are transforming neuroscience,
were
used to locateand chemically label neurons as well as make them
susceptible to activation by blue light transmitted by a fiber optic
cable in the mouse brain. With these techniques the researchers were
able to identify and chemically label which neurons were involved in
forming the initial memory of the first environment, and to reactivate
the labeled cells a day later with light.
Dr. Tonegawa said that
because the mechanisms of memory formation are
almost certainly similar in
mice and humans, part of the importance of
the research is “to make people
realize even more than before how
unreliable human memory is,” particularly
in criminal cases when so much
is at stake.
That unreliability, he
said, prompts a question about evolution: "Why is
our brain made in such a
way that we form false memories?"
No one knows, he said, but he wonders
if it has to do with the
creativity that allows humans to envision possible
events and
combinations of real and imagined events in great detail. That
rich
internal experience fuels work in the arts and sciences and other
creative activities, he said. “Unless you have that kind of ability,
there is no civilization,” he said.
But it could also provide a lot
of raw material for false memories.
Perhaps he said, our faulty memories
represent “a tradeoff for this
tremendous benefit.”
(19) How to
create False Memories
http://www.bbc.co.uk/news/science-environment-23447600
25
July 2013
Scientists can implant false memories into mice
By
Melissa Hogenboom Science reporter, BBC News
False memories have been
implanted into mice, scientists say.
A team was able to make the mice
wrongly associate a benign environment
with a previous unpleasant experience
from different surroundings.
The researchers conditioned a network of
neurons to respond to light,
making the mice recall the unpleasant
environment.
Reporting in Science, they say it could one day shed light
into how
false memories occur in humans.
The brains of genetically
engineered mice were implanted with optic
fibres in order to deliver pulses
of light to their brain. Known as
optogenetics, this technique is able to
make individual neurons respond
to light.
{inset} "Our memory changes
every single time it's being recorded.
That's why we can incorporate new
information into old memories and this
is how a false memory can form...” Dr
Xu Liu Massachusetts Institute of
Technology
{end inset}
Just like
in mice, our memories are stored in collections of cells, and
when events
are recalled we reconstruct parts of these cells - almost
like re-assembling
small pieces of a puzzle.
It has been well documented that human memory
is highly unreliable,
first highlighted by a study on eyewitness testimonies
in the 70s.
Simple changes in how a question was asked could influence the
memory a
witness had of an event such as a car crash.
When this was
brought to public attention, eyewitness testimonies alone
were no longer
used as evidence in court. Many people wrongly convicted
on memory
statements were later exonerated by DNA evidence.
Xu Liu of the
Massachusetts Institute of Technology and one the lead
authors of the study,
said that when mice recalled a false memory, it
was indistinguishable from
the real memory in the way it drove a fear
response in the memory forming
cells of a mouse's brain.
{inset} How a memory was implanted in a
mouse
A mouse was put in one environment (blue box) and the brain cells
encoding memory were labelled in this environment (white circles) These
cells were then made responsive to light The animal was placed in a
different environment (the red box) and light was delivered into the
brain to activate these labelled cells This induced the recall of the
first environment - the blue box. While the animal was recalling the
first environment, they also received mild foot shocks Later when the
mouse was put back into the first environment, it showed behavioural
signs of fear, indicating it had formed a false fear memory for the
first environment, where it was never shocked in reality
{end
inset}
The mouse is the closest animal scientists can easily use to
analyse the
brain, as though simpler, its structure and basic circuitry is
very
similar to the human brain.
Studying neurons in a mouse's brain
could therefore help scientists
further understand how similar structures in
the human brain work.
"In the English language there are only 26 letters,
but the combinations
of letters make unlimited words and sentences, this is
also true for
memories," Dr Liu told BBC News.
Evolving memories
"There are so many brain cells and for each individual
memory, different
combinations of small populations of cells are activated."
These
differing combinations of cells could partly explain why memories
are not
static like a photograph, but constantly evolving, he added.
Susumu
Tonegawa of the Massachusetts Institute of Technology said his
teams' work
provided the first animal model in which false and genuine
memories could be
investigated in the cells which store memories, called
engram-bearing
cells.
"Humans are highly imaginative animals. Just like our mice, an
aversive
or appetitive event could be associated with a past experience one
may
happen to have in mind at that moment, hence a false memory is
formed."
Silencing fear
Neil Burgess from University College
London, who was not involved with
the work, told BBC News the study was an
"impressive example" of
creating a fearful response in an environment where
nothing fearful
happened.
"One day this type of knowledge may help
scientists to understand how to
remove or reduce the fearful associations
experienced by people with
conditions like post traumatic stress
disorder."
But he added that it's only an advance in "basic neuroscience"
and that
these methods could not be directly applied to humans for many
years.
"But basic science always helps in the end, and it may be
possible, one
day, to use similar techniques to silence neurons causing the
association to fear."
'Diseases of thought' Mark Mayford of the
Scripps Research Institute in
San Diego, US, said: "The question is, how
does the brain change with
experience? That's the heart of everything the
brain does.
He explained that work like this could one day further help
us to
understand the structure of our thoughts and the cells
involved.
"Then one can begin to look at those brain circuits, see how
they
change, and hopefully find the areas or mechanisms that change with
learning."
"The implications are potentially interventions for
diseases of thought
such as schizophrenia. You cannot approach schizophrenia
unless you know
how a perception is put together."
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