The Experts below are selected from a list of 50298 Experts worldwide ranked by ideXlab platform
Patrick Parkinson - One of the best experts on this subject based on the ideXlab platform.
-
Freedom of Movement in an era of shared parenting the differences in judicial approaches to relocation
2008Co-Authors: Patrick ParkinsonAbstract:In 2006, the Australian Parliament made major amendments to the Family Law Act 1975 to encourage a greater level of shared parenting, and to give greater emphasis to the importance of children maintaining a relationship with both parents in the absence of violence or abuse. There are major differences between trial judges in Australia on how to apply the new laws to the problem of parental relocation - where the primary caregiver wants to move a long way from the other. The central problem is determining how much importance should be given to a parent's Freedom of Movement given this greater emphasis on the involvement of both parents. There are stark differences in the policy and approach of different trial judges, which have yet to be resolved by an authoritative and carefully reasoned decision of an appellate court. This article examines these substantial differences in view between judges on this issue since the 2006 amendments, and proposes a way forward based upon revisiting the leading judgment of Kirby J in the High Courtof Australia in AMS v AIF (1999).
-
Freedom of Movement in an era of shared parenting the differences in judicial approaches to relocation
Federal law review, 2008Co-Authors: Patrick ParkinsonAbstract:In 2006, Parliament made major amendments to the Family Law Act 1975 (Cth) ('Family Law Act') to encourage a greater level of shared parenting, and to give greater emphasis to the importance of children maintaining a relationship with both parents in the absence of violence or abuse. There are major differences between trial judges in how to apply the new laws to the problem of parental relocation - where the primary caregiver wants to move a long way from the other. The central problem is determining how much importance should be given to a parent's Freedom of Movement given this greater emphasis on the involvement of both parents. There are stark differences in the policy and approach of different trial judges, which have yet to be resolved by an authoritative and carefully reasoned decision of an appellate court. This article examines these substantial differences in view between judges on this issue since the 2006 amendments, and proposes a way forward based upon revisiting the leading judgment of Kirby J in the High Court in AMS v AIF.
Vincent Chetail - One of the best experts on this subject based on the ideXlab platform.
-
Freedom of Movement and Transnational Migrations: A Human Rights Perspective
2003Co-Authors: Vincent ChetailAbstract:The article presents the legal basis and the content of Freedom of Movement under human rights law instruments.
-
Chapter 3 Freedom of Movement AND TRANSNATIONAL MIGRATIONS: A HUMAN RIGHTS PERSPECTIVE
2003Co-Authors: Vincent ChetailAbstract:We live at a time of unprecedented international Movement. The social manifestations of globalization are an explosion of cheap and fast means of communication and some convergence of the values and expectations held by people. Goods and capital now circulate with greater ease than ever before, and people increasingly move across borders. In contrast, control over migration remains one of the last bastions of the truly sovereign state. The rapid changes associated with globalization have exacerbated this growing discrepancy between the social reality of migration and its legal regulation. The challenges posed by migratory Movements to the international community call for a comprehensive understanding of the normative framework and the legal content of the Freedom of Movement. LEGAL FRAMEWORK of Freedom of Movement Freedom of Movement across borders cannot be found in international human rights instruments. The general concept of Freedom of Movement finds its normative expression through the right to leave any country and to return to one’s own country. This right is embodied in numerous multilateral instruments relating to human rights both at the universal and regional level.
Liisa Talving - One of the best experts on this subject based on the ideXlab platform.
-
opportunity or threat public attitudes towards eu Freedom of Movement
Journal of European Public Policy, 2019Co-Authors: Sofia Vasilopoulou, Liisa TalvingAbstract:ABSTRACTThis article examines the effect of individual and contextual variables on preference formation towards European Union (EU) Freedom of Movement. Our multilevel analyses of Eurobarometer data show that citizens with low levels of human capital and strong feelings of national identity are more likely to oppose intra-EU migration. However, we argue that in order to fully grasp variation in public preferences, we need to consider the domestic context. Utilitarian and affective theories have more explanatory power in richer countries, but in less affluent member states support for free Movement is evenly high irrespective of individual dispositions. Our findings have implications for the progress of European integration, especially at a time when the EU is in the process of deciding on a course of action about its future direction.
Lisa Schwartz - One of the best experts on this subject based on the ideXlab platform.
-
women s Freedom of Movement and participation in psychosocial support groups qualitative study in northern india
BMC Public Health, 2019Co-Authors: Nicola Gailits, Kaaren Mathias, Elysee Nouvet, Pooja Pillai, Lisa SchwartzAbstract:Depression, the world’s leading cause of disability, disproportionately affects women. Women in India, one of the most gender unequal countries worldwide, face systemic gender disadvantage that significantly increases the risk of common mental disorders. This study’s objective was to examine the factors influencing women’s participation in psychosocial support groups, within an approach where community members work together to collectively strengthen their community’s mental health. This community-based qualitative study was conducted from May to July 2016, across three peri-urban sites in Dehradun district, Uttarakhand, Northern India. Set within an NGO-run mental health project, data were collected through focus group discussions with individuals involved in psychosocial support groups including women with psychosocial disabilities as well as caregivers (N = 10, representing 59 women), and key informant interviews (N = 8) with community members and mental health professionals. Data were analyzed using a thematic analysis approach. The principal barrier to participating in psychosocial support groups was restrictions on women’s Freedom of Movement. Women in the community are not normally permitted to leave home, unless going to market or work, making it difficult for women to leave their home to participate in the groups. The restrictions emanated from the overall community’s attitude toward gender relations, the women’s own internalized gender expectations, and most significantly, the decision-making power of husbands and mothers-in-law. Other factors including employment and education shaped women’s ability to participate in psychosocial support groups; however, the role of these additional factors must be understood in connection to a gender order limiting women’s Freedom of Movement. Mental health access and gender inequality are inseparable in the context of Northern India, and women’s mental health cannot be addressed without first addressing underlying gender relations. Community-based mental health programs are an effective tool and can be used to strengthen communities collectively; however, attention towards the gender constraints that restrict women’s Freedom of Movement and their ability to access care is required. To our knowledge, this is the first study to clearly document and analyze the connection between access to community mental health services in South Asia and women’s Freedom of Movement.
Bruno Nascimbene - One of the best experts on this subject based on the ideXlab platform.
-
Citizenship of the Union and Freedom of Movement of Persons - Citizenship of the Union and free Movement of persons
2008Co-Authors: Massimo Condinanzi, Alessandra Lang, Bruno NascimbeneAbstract:Introduction Chapter 1: Citizenship of the Union Chapter 2: Freedom of Movement of Workers Chapter 3: Right of Establishment Chapter 4: Services Chapter 5: Immigration Policy Index.
-
Chapter II. Freedom of Movement of Workers
Citizenship of the Union and Freedom of Movement of Persons, 2008Co-Authors: Massimo Condinanzi, Alessandra Lang, Bruno NascimbeneAbstract:Article 69 of the ECSC Treaty provided for removal of all restrictions based on nationality upon the employment of workers in the Member States. To define the scope, ratione personae , of the rules on the Freedom of Movement of workers, the beneficiaries of the Freedom must be identified and meaning of "worker" intended by the Treaty should be defined. Freedom of Movement is only to workers and their families who are citizens of a Member State. The Freedom of Movement of workers is for the purpose of accepting "offers of employment" and not for seeking work at a stage prior to the offer. The right to equal treatment of migrant community workers with national workers and the right to remain in the territory of a Member State after having worked there are few rights provided. European regulation is "a non-legislative act of general application for certain provisions of the Constitution". Keywords:Article 69; ECSC Treaty; European; Freedom of Movement; Member State
