Author: Steven Richards
Publisher:
ISBN: 9780993132407
Category :
Languages : en
Pages : 147
Book Description
This handbook provides a clear and detailed explanation of deprivation of liberty safeguards (DoLS). It is written in an accessible and practical format to be of maximum use to health and social care staff so they can be confident using DoLS in daily practice. It comprises a complete, up-to-date guide on DoLS in practice, and contains the latest case law and guidance up to October 2015.
Deprivation of Liberty Safeguards (DoLS) Handbooks
Author: Steven Richards
Publisher:
ISBN: 9780993132407
Category :
Languages : en
Pages : 147
Book Description
This handbook provides a clear and detailed explanation of deprivation of liberty safeguards (DoLS). It is written in an accessible and practical format to be of maximum use to health and social care staff so they can be confident using DoLS in daily practice. It comprises a complete, up-to-date guide on DoLS in practice, and contains the latest case law and guidance up to October 2015.
Publisher:
ISBN: 9780993132407
Category :
Languages : en
Pages : 147
Book Description
This handbook provides a clear and detailed explanation of deprivation of liberty safeguards (DoLS). It is written in an accessible and practical format to be of maximum use to health and social care staff so they can be confident using DoLS in daily practice. It comprises a complete, up-to-date guide on DoLS in practice, and contains the latest case law and guidance up to October 2015.
The European Union and Deprivation of Liberty
Author: Leandro Mancano
Publisher: Bloomsbury Publishing
ISBN: 1509908099
Category : Law
Languages : en
Pages : 283
Book Description
The European Union and Deprivation of Liberty examines the EU legislative and judicial approach to deprivation of liberty from the perspective of the following fundamental rights and principles: the principle of legality and proportionality of penalties; the right to liberty; and the principle that criminal penalties must aim for the social reintegration of the offenders. The book measures the relevant EU law against those rights; this constitutes the very core of the relationship between public powers and individual liberty. The analysis shows that the ultimate goal of the Union is the creation and preservation of the EU as a borderless area. The holistic approach adopted in the book explains how different legal phenomena connected to deprivation of liberty have come into being in EU law. It also shows that those phenomena call for solutions suitable for the peculiarities of the EU legal order.
Publisher: Bloomsbury Publishing
ISBN: 1509908099
Category : Law
Languages : en
Pages : 283
Book Description
The European Union and Deprivation of Liberty examines the EU legislative and judicial approach to deprivation of liberty from the perspective of the following fundamental rights and principles: the principle of legality and proportionality of penalties; the right to liberty; and the principle that criminal penalties must aim for the social reintegration of the offenders. The book measures the relevant EU law against those rights; this constitutes the very core of the relationship between public powers and individual liberty. The analysis shows that the ultimate goal of the Union is the creation and preservation of the EU as a borderless area. The holistic approach adopted in the book explains how different legal phenomena connected to deprivation of liberty have come into being in EU law. It also shows that those phenomena call for solutions suitable for the peculiarities of the EU legal order.
Deprivation of Liberty Safeguards
Author: Northern Ireland: Department of Health
Publisher:
ISBN: 9780339000643
Category :
Languages : en
Pages : 216
Book Description
Dated November 2019. On cover: Mental Capacity Act (Northern Ireland) 2019
Publisher:
ISBN: 9780339000643
Category :
Languages : en
Pages : 216
Book Description
Dated November 2019. On cover: Mental Capacity Act (Northern Ireland) 2019
International Human Rights of Children
Author: Ursula Kilkelly
Publisher: Springer
ISBN: 9789811041839
Category : Law
Languages : en
Pages : 722
Book Description
This book explores the meaning and implementation of international children’s rights law, as laid down in the United Nations Convention on the Rights of the Child and related international and regional human rights instruments. It considers the application of international children’s rights at the national level and addresses key procedural and institutional matters concerning children’s rights implementation, including monitoring, complaints mechanisms, effective remedies, advocacy and international agenda-setting. The book breaks new ground by analysing a wide range of international children’s rights issues from a legal perspective. It incorporates a comparative perspective on children’s rights law at the international, regional and domestic level and contains information on evidence-based strategies towards the implementation and enforcement of international children’s rights law. The book is targeted at academics, legal and other professionals, and advanced students. It analyses children’s rights law in the following areas: implementation and enforcement; advocacy and standard setting; complaints and remedies; the child and the family; adoption; alternative care; protection from violence; civil rights of the child; economic, social and cultural rights; education; health; migration and refugees; children and the justice system; children with disabilities; deprivation of liberty; children’s rights and digital technologies; war and disaster; sustainable development goals and further contemporary issues.
Publisher: Springer
ISBN: 9789811041839
Category : Law
Languages : en
Pages : 722
Book Description
This book explores the meaning and implementation of international children’s rights law, as laid down in the United Nations Convention on the Rights of the Child and related international and regional human rights instruments. It considers the application of international children’s rights at the national level and addresses key procedural and institutional matters concerning children’s rights implementation, including monitoring, complaints mechanisms, effective remedies, advocacy and international agenda-setting. The book breaks new ground by analysing a wide range of international children’s rights issues from a legal perspective. It incorporates a comparative perspective on children’s rights law at the international, regional and domestic level and contains information on evidence-based strategies towards the implementation and enforcement of international children’s rights law. The book is targeted at academics, legal and other professionals, and advanced students. It analyses children’s rights law in the following areas: implementation and enforcement; advocacy and standard setting; complaints and remedies; the child and the family; adoption; alternative care; protection from violence; civil rights of the child; economic, social and cultural rights; education; health; migration and refugees; children and the justice system; children with disabilities; deprivation of liberty; children’s rights and digital technologies; war and disaster; sustainable development goals and further contemporary issues.
Mental Capacity Act 2005 code of practice
Author: Great Britain: Department for Constitutional Affairs
Publisher: The Stationery Office
ISBN: 9780117037564
Category : Law
Languages : en
Pages : 468
Book Description
The Mental capacity Act 2005 provides a statutory framework for people who lack the capacity to make decisions for themselves, or for people who want to make provision for a time when they will be unable to make their own decisions. This code of practice, which has statutory force, provides information and guidance about how the Act should work in practice. It explains the principles behind the Act, defines when someone is incapable of making their own decisions and explains what is meant by acting in someone's best interests. It describes the role of the new Court of Protection and the role of Independent Mental Capacity Advocates and sets out the role of the Public Guardian. It also covers medical treatment and the way disputes can be resolved.
Publisher: The Stationery Office
ISBN: 9780117037564
Category : Law
Languages : en
Pages : 468
Book Description
The Mental capacity Act 2005 provides a statutory framework for people who lack the capacity to make decisions for themselves, or for people who want to make provision for a time when they will be unable to make their own decisions. This code of practice, which has statutory force, provides information and guidance about how the Act should work in practice. It explains the principles behind the Act, defines when someone is incapable of making their own decisions and explains what is meant by acting in someone's best interests. It describes the role of the new Court of Protection and the role of Independent Mental Capacity Advocates and sets out the role of the Public Guardian. It also covers medical treatment and the way disputes can be resolved.
The UN Working Group on Arbitrary Detention
Author: Jared Genser
Publisher: Cambridge University Press
ISBN: 1107034450
Category : Law
Languages : en
Pages : 655
Book Description
This book is a practical guide to freeing political prisoners and provides a comprehensive review of this UN body's 1,200 jurisprudence cases.
Publisher: Cambridge University Press
ISBN: 1107034450
Category : Law
Languages : en
Pages : 655
Book Description
This book is a practical guide to freeing political prisoners and provides a comprehensive review of this UN body's 1,200 jurisprudence cases.
Deprivation of Liberty
Author: Nasreen Pearce
Publisher: Jordan Publishing (GB)
ISBN: 9781784730116
Category : Convention for the Protection of Human Rights and Fundamental Freedoms
Languages : en
Pages : 0
Book Description
In the UK, with the increase in both the elderly population and the number of learning disabled adults who need permanent professional care in hospitals and residential homes, health and welfare services have become involved in providing care for vulnerable individuals, often in very difficult circumstances. There is a fine line between what can be considered to be justified in a person's best interests and what may be regarded as a deprivation of his/her liberty. The UK's Mental Capacity Act 2005, supported by the Deprivation of Liberty Code of Practice, sets out the applicable legal framework. However, subsequent UK case law clearly demonstrates that professionals who have to deal with the subtle issues in this difficult area are struggling with the appropriate knowledge and understanding of the statutory provisions, as well as the balance which has to be struck between responsible action to protect an individual's interests and the preservation of liberty. This book provides professionals at all levels with a concise and easily accessible guide to the practice and procedure to be followed in such cases (covering both administrative actions and the role of the Court of Protection). It sets out all the relevant statutory material specific to deprivation of liberty. [Subject: Health Care Law, Human Rights Law]
Publisher: Jordan Publishing (GB)
ISBN: 9781784730116
Category : Convention for the Protection of Human Rights and Fundamental Freedoms
Languages : en
Pages : 0
Book Description
In the UK, with the increase in both the elderly population and the number of learning disabled adults who need permanent professional care in hospitals and residential homes, health and welfare services have become involved in providing care for vulnerable individuals, often in very difficult circumstances. There is a fine line between what can be considered to be justified in a person's best interests and what may be regarded as a deprivation of his/her liberty. The UK's Mental Capacity Act 2005, supported by the Deprivation of Liberty Code of Practice, sets out the applicable legal framework. However, subsequent UK case law clearly demonstrates that professionals who have to deal with the subtle issues in this difficult area are struggling with the appropriate knowledge and understanding of the statutory provisions, as well as the balance which has to be struck between responsible action to protect an individual's interests and the preservation of liberty. This book provides professionals at all levels with a concise and easily accessible guide to the practice and procedure to be followed in such cases (covering both administrative actions and the role of the Court of Protection). It sets out all the relevant statutory material specific to deprivation of liberty. [Subject: Health Care Law, Human Rights Law]
Restoring the Lost Constitution
Author: Randy E. Barnett
Publisher: Princeton University Press
ISBN: 0691159734
Category : Law
Languages : en
Pages : 448
Book Description
The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.
Publisher: Princeton University Press
ISBN: 0691159734
Category : Law
Languages : en
Pages : 448
Book Description
The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.
Liberty and Security
Author: Conor Gearty
Publisher: John Wiley & Sons
ISBN: 0745669980
Category : Political Science
Languages : en
Pages : 108
Book Description
All aspire to liberty and security in their lives but few people truly enjoy them. This book explains why this is so. In what Conor Gearty calls our 'neo-democratic' world, the proclamation of universal liberty and security is mocked by facts on the ground: the vast inequalities in supposedly free societies, the authoritarian regimes with regular elections, and the terrible socio-economic deprivation camouflaged by cynically proclaimed commitments to human rights. Gearty's book offers an explanation of how this has come about, providing also a criticism of the present age which tolerates it. He then goes on to set out a manifesto for a better future, a place where liberty and security can be rich platforms for everyone's life. The book identifies neo-democracies as those places which play at democracy so as to disguise the injustice at their core. But it is not just the new 'democracies' that have turned 'neo', the so-called established democracies are also hurtling in the same direction, as is the United Nations. A new vision of universal freedom is urgently required. Drawing on scholarship in law, human rights and political science this book argues for just such a vision, one in which the great achievements of our democratic past are not jettisoned as easily as were the socialist ideals of the original democracy-makers.
Publisher: John Wiley & Sons
ISBN: 0745669980
Category : Political Science
Languages : en
Pages : 108
Book Description
All aspire to liberty and security in their lives but few people truly enjoy them. This book explains why this is so. In what Conor Gearty calls our 'neo-democratic' world, the proclamation of universal liberty and security is mocked by facts on the ground: the vast inequalities in supposedly free societies, the authoritarian regimes with regular elections, and the terrible socio-economic deprivation camouflaged by cynically proclaimed commitments to human rights. Gearty's book offers an explanation of how this has come about, providing also a criticism of the present age which tolerates it. He then goes on to set out a manifesto for a better future, a place where liberty and security can be rich platforms for everyone's life. The book identifies neo-democracies as those places which play at democracy so as to disguise the injustice at their core. But it is not just the new 'democracies' that have turned 'neo', the so-called established democracies are also hurtling in the same direction, as is the United Nations. A new vision of universal freedom is urgently required. Drawing on scholarship in law, human rights and political science this book argues for just such a vision, one in which the great achievements of our democratic past are not jettisoned as easily as were the socialist ideals of the original democracy-makers.
Monitoring State Compliance with the UN Convention on the Rights of the Child
Author: Ziba Vaghri
Publisher: Springer Nature
ISBN: 3030846474
Category : Education
Languages : en
Pages : 429
Book Description
This open access book presents a discussion on human rights-based attributes for each article pertinent to the substantive rights of children, as defined in the United Nations Convention on the Rights of the Child (UNCRC). It provides the reader with a unique and clear overview of the scope and core content of the articles, together with an analysis of the latest jurisprudence of the UN Committee on the Rights of the Child. For each article of the UNCRC, the authors explore the nature and scope of corresponding State obligations, and identify the main features that need to be taken into consideration when assessing a State’s progressive implementation of the UNCRC. This analysis considers which aspects of a given right are most important to track, in order to monitor States' implementation of any given right, and whether there is any resultant change in the lives of children. This approach transforms the narrative of legal international standards concerning a given right into a set of characteristics that ensure no aspect of said right is overlooked. The book develops a clear and comprehensive understanding of the UNCRC that can be used as an introduction to the rights and principles it contains, and to identify directions for future policy and strategy development in compliance with the UNCRC. As such, it offers an invaluable reference guide for researchers and students in the field of childhood and children’s rights studies, as well as a wide range of professionals and organisations concerned with the subject.
Publisher: Springer Nature
ISBN: 3030846474
Category : Education
Languages : en
Pages : 429
Book Description
This open access book presents a discussion on human rights-based attributes for each article pertinent to the substantive rights of children, as defined in the United Nations Convention on the Rights of the Child (UNCRC). It provides the reader with a unique and clear overview of the scope and core content of the articles, together with an analysis of the latest jurisprudence of the UN Committee on the Rights of the Child. For each article of the UNCRC, the authors explore the nature and scope of corresponding State obligations, and identify the main features that need to be taken into consideration when assessing a State’s progressive implementation of the UNCRC. This analysis considers which aspects of a given right are most important to track, in order to monitor States' implementation of any given right, and whether there is any resultant change in the lives of children. This approach transforms the narrative of legal international standards concerning a given right into a set of characteristics that ensure no aspect of said right is overlooked. The book develops a clear and comprehensive understanding of the UNCRC that can be used as an introduction to the rights and principles it contains, and to identify directions for future policy and strategy development in compliance with the UNCRC. As such, it offers an invaluable reference guide for researchers and students in the field of childhood and children’s rights studies, as well as a wide range of professionals and organisations concerned with the subject.