1,721,010 research outputs found
Breaking the rules: the importance of procedural avoidance in developing children's rights in health care
No full textBook review. Children's socio-economic rights, democracy and the courts. Aoife Nolan, Hart Publishing, 2011
No full text
Gillick v West Norfolk and Wisbech Area Health Authority [1986] AC 112: an archaeological study of a test case
No full textIn 1985, the case of Gillick v West Norfolk and Wisbech Area Health Authority confirmed that it was lawful for a child under the age of sixteen to validly consent to their own medical treatment without parental knowledge or permission, provided that they had ‘sufficient understanding and intelligence to understand the nature and implications of the proposed treatment’. Hailed as a landmark case, Gillick has been explored extensively. Scholars have generally based their investigations on the narrative of the case that is provided in the published law reports. However, there is a more detailed story to be told, which can only be uncovered by examining the context in greater depth. Using ‘legal archaeology’, a methodology which as far as the author is aware, has not previously been used to study Gillick, this thesis conducts an analysis of the social and historic background of the litigation through an analysis of primary and secondary sources, including materials that have never previously been examined.The purpose of the analysis undertaken in this thesis is threefold. First, it offers new information on how the case of Gillick came about, through the incorporation of new information from primary materials into the historical record. It enriches the existing understanding of how this well-known landmark case reached the courts as a result of a strategic agenda to progress the campaign against ‘secret schoolgirl contraception’ and to ensure that society would protect traditional family values. Moreover, this thesis confirms that Gillick should be viewed as a ‘test case’ (for the purpose of this thesis the term ‘test case’ is treated as synonymous with strategic litigation and public interest litigation). Second, the examination of Gillick contributes to existing discussions of ‘test case’ litigation and provides an assessment of the key characteristics of a ‘test case’, as well as the role and function of ‘test cases’ in the English legal system. Finally, this analysis of Gillick adds to the current understandings of ‘legal archaeology’ which, at present, is not widely used, and thus its methodological potential has not yet been fully explored. This thesis draws conclusions about the process of conducting a 'legal archaeology' project, including its advantages and disadvantages. It advocates utilising ‘legal archaeology’ as an approach for the micro-level study of individual cases. It argues that ‘legal archaeology’ is well-suited to examining cases that are thought to be ‘test cases’ because of the emphasis that this methodology places on building an accurate narrative of how and why a particular case came into existence. This thesis further suggests that 'legal archaeology' should be adopted by scholars who wish to better understand the wider context of an individual case, as well as by those who wish to respond to macro-level questions, including those about the way cases are constructed, and the role ‘test case’ litigation plays in the English legal system
Dark Patterns of Cuteness: Popular Learning App Design as a Risk to Children’s Autonomy
No full textCute design has become a firm staple of digital software development. It relates to design features in the form of visuals, such as avatars, colours, menu items, etc., and sounds or other technical features on the user interface, which the human user would interpret as cute or endearing in some form. Specific design features have been identified as enhancing the perception of ‘cuteness’, such as avatars with large eyes, childlike voices, and a head tilt. The possible associations of ‘cuteness’ with vulnerability and powerlessness can stimulate the human user’s trust response. ‘Cuteness’ can therefore be operationalised to inspire uncritical acceptance of a technology, given its significant potential to spark feelings of emotional intimacy. Cute design features have been implemented in a variety of applications for both adults and children. Consumer design for young children in particular favours ‘cuteness’ as a tactic to influence intended product purchases and use. Some learning apps adopt these tactics, leaving children vulnerable to privacy invasions, as well as potentially harmful impacts on their healthy development
Surveillance capitalism in schools: the hidden harms
No full textEngaging with any internet-enabled service or platform will always incur some form of data collection. The technologies used in schools for teaching and learning often do incur data exchange, with varying degrees of transparency and lawfulness. Many children are subjected to potentially unlawful and unethical data profiling via their education. Although the General Data Protection Regulation (GDPR) provides a framework of regulations and rights to protect users, the legal process is unwieldy to apply due to tensions in balancing the rights of the child learner with the public need to ensure that all children are provided with an education. The digital learning context presents an array of logistical issues for schools and highlights a genuine need to make data processing fair and ethical for all children. This paper explores the legal and ethical implications of the use of digital technologies in the schooling environment, which has become increasingly important since the outbreak of the Covid-19 pandemic. It includes reflections on discussions from a BILETA- funded seminar (in March 2022) with key stakeholders from different areas of law, policy and practice. This paper recommends that changes in digital schooling practices are needed so that children have realistically possible ways of enforcing their data protection rights as well as a clarified and uniformed approach to support schools
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
- …
