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A multidisciplinary empirical study of how juvenile justice standards were operationalised by the state and UNICEF in post-genocide Rwanda.
In the 1980s, a series of child sex abuse cases rocked the United States. The most famous case was the 1984 McMartin preschool case, but there were a number of others as well. By the latter part of the decade, the assumption was widespread that child sex abuse had become a serious problem in America. Yet within a few years, the concern about it died down considerably. The failure to convict anyone in the McMartin case and a widely publicized appellate decision in New Jersey that freed an accused molester had turned the dominant narrative on its head. In the early 1990s, a new narrative with remarkable staying power emerged: the child sex abuse cases were symptomatic of a 'moral panic' that had produced a witch hunt. A central claim in this new witch hunt narrative was that the children who testified were not reliable and easily swayed by prosecutorial suggestion. In time, the notion that child sex abuse was a product of sensationalized over-reporting and far less endemic than originally thought became the new common sense. But did the new witch hunt narrative accurately represent reality? As Ross Cheit demonstrates in his exhaustive account of child sex abuse cases in the past two and a half decades, purveyors of the witch hunt narrative never did the hard work of examining court records in the many cases that reached the courts throughout the nation. Instead, they treated a couple of cases as representative and concluded that the issue was blown far out of proportion. Drawing on years of research into cases in a number of states, Cheit shows that the issue had not been blown out of proportion at all. In fact, child sex abuse convictions were regular occurrences, and the crime occurred far more frequently than conventional wisdom would have us believe. Cheit's aim is not to simply prove the narrative wrong, however. He also shows how a narrative based on empirically thin evidence became a theory with real social force, and how that theory stood at odds with a far more grim reality. The belief that the charge of child sex abuse was typically a hoax also left us unprepared to deal with the far greater scandal of child sex abuse in the Catholic Church, which, incidentally, has served to substantiate Cheit's thesis about the pervasiveness of the problem. In sum, The Witch-Hunt Narrative is a magisterial and empirically powerful account of the social dynamics that led to the denial of widespread human tragedy.
Written both for practitioners and advanced clinical students, this accessible volume will serve as a valuable resource.
Childhood Sexual Abuse critically reviews research into and provides a concise and clear guide to our current knowledge on the topic. The issues covered include: the prevalence of child sexual abuse; who molests children; the effects of such abuse, both immediate and long-term; the risk factors for abuse; and the influences and interventions that may amplify or ameliorate the impact of child sexual abuse on the victim. Areas of debate, such as the false memory syndrome, are approached in terms of the research data relevant to their resolution. This volume sets out to inform rather than advocate, discusses the methodologies of research as well as their results, highlights the limitations and the extent of current information, and points out how we can learn more about child sexual abuse.
Thomas A. Roesler, MD, FAAP and Carole Jenny, MD, MBA, FAAP make the case that the term Munchausen syndrome by proxy should be retired permanently and replaced with a commonsense appreciation that children can be abused by their parents in the medical environment. Physicians who find themselves providing unnecessary and harmful medical care can see the abuse for what it is, another way parents can harm children. the book offers the first detailed and comprehensive description of treatment for this form of child maltreatment.
This book traces the evolution of the welfare interests of the child principle over the centuries in England & Wales to provide a record of the key milestones in its development. It does so by comparing and contrasting the part it has played in the public – care, protection and control – and in the private – matrimonial, adoption etc – sectors of family law. By analysing the content of the principle this book discloses the essence of what has been termed ‘the golden thread running through the common law’. By considering the ways in which the legal system has shaped and been shaped by the principle, it reveals its structural influence. By identifying and assessing the significance of its operational role and functions, it shows how this principle has changed the law relating to children. In addition to a digest of cases and legislation that tracks the evolution of this legal principle, academics and other researchers will find a wealth of information on how that evolution reflects the corresponding changes in social mores. For those interested in the ethics and morality, there is much illuminating evidence on how the law has balanced this principle relative to others within both civil and criminal contexts.
In international law victims' issues have gained more and more attention over the last decades. In particular in transitional justice processes the victim is being given high priority. It is to be seen in this context that the Rome Statute for the International Criminal Court foresees a rather excessive victim participation concept in criminal prosecution. In this volume issue is taken at first with the definition of victims, and secondly with the role of the victim as a witness and as a participant. Several chapters address this matter with a view to the International Criminal Court (ICC), the Extraordinary Chambers in the Courts of Cambodia (ECCC) and the Trial against Demjanjuk in Germany. In a third part the interests of the victims outside the criminal trial are being discussed. In the final part the role of civil society actors are being tackled. This volume thus gives an overview of the role of victims in transitional justice processes from an interdisciplinary angle, combining academic research and practical experience.
This book provides an original legal analysis of child soldiers recruited into armed groups or forces committing mass atrocities and/or genocide as the victims of the genocidal forcible transfer of children. Legal argument is made regarding the lack of criminal culpability of such child soldier 'recruits' for conflict-related international crimes and the inapplicability of currently recommended judicial and non-judicial accountability mechanisms in such cases. The book challenges various anthropological accounts of child soldiers' alleged 'tactical agency' to resist committing atrocity as members of armed groups or forces committing mass atrocity and/or genocide. Also provided are original interpretations of relevant international law including an interpretation of the Rome Statute age-based exclusion from prosecution of persons who were under 18 at the time of perpetrating the crime as substantive law setting an international standard for the humane treatment of child soldiers.
Children have served as soldiers throughout history. They fought in the American Revolution, the Civil War, and in both world wars. They served as uniformed soldiers, camouflaged insurgents, and even suicide bombers. Indeed, the first U.S. soldier to be killed by hostile fire in the Afghanistan war was shot in ambush by a fourteen-year-old boy. Does this mean that child soldiers are aggressors? Or are they victims? It is a difficult question with no obvious answer, yet in recent years the acceptable answer among humanitarian organizations and contemporary scholars has been resoundingly the latter. These children are most often seen as especially hideous examples of adult criminal exploitation. In this provocative book, David M. Rosen argues that this response vastly oversimplifies the child soldier problem. Drawing on three dramatic examples-from Sierra Leone, Palestine, and Eastern Europe during the Holocaust-Rosen vividly illustrates this controversial view. In each case, he shows that children are not always passive victims, but often make the rational decision that not fighting is worse than fighting. With a critical eye to international law, Armies of the Young urges readers to reconsider the situation of child combatants in light of circumstance and history before adopting uninformed child protectionist views. In the process, Rosen paints a memorable and unsettling picture of the role of children in international conflicts.
The book analyses the difficulties the International Criminal Court faces with the definition of those persons who are eligible for participating in the proceedings. Establishing justice for victims is one of the most important aims of the court. It therefore created a unique system of victim participation. Since its first trial the court struggles to live up to the expectancies its statute has generated. The book offers a new approach of how to define victimhood by looking at the different international crimes. It seeks to offer guidance for the right to participate in the different stages of the proceedings by looking at the practice in national jurisdictions. Lastly the book offers insights into the functioning of the reparation regime at the ICC by virtue of the Trust Fund for Victim and its different mandates. The critical analysis of the ICC-practice with regard to definition, participation and reparation aims at promoting a realistic approach, which will avoid the disappointing of expectations and thus help to enhance the acceptance of the ICC.