Family Separation as a Violation of International Law
Devastating to the individuals involved and frequently destructive in its long-term impact on cultural groups and entire societies, the involuntary separation of families is a widespread problem that deserves increased attention as an issue of international human rights. Today, the international legal system is beginning to address the concerns of the family and the need for justice within the family, and to develop norms that in many circumstances treat involuntary family separation as a violation of international law. Its approach, however, has been fragmentary and inconsistent, viewing family separation through particular lenses, such as children's rights or privacy, without establishing a coherent framework that brings these various perspectives together. In this article, we identify and compare the emerging principles of international law that relate to the issue of family separation and elaborate on them in a way that, we hope, will help to build such a framework. Our analysis focuses on several case studies, including Australia's long history of removing Aboriginal children from their parents, recent anti-polygamy policies in France, current immigration and child welfare laws in the United States, and mass family separation in crisis situations worldwide. Each of these varied cases reflects one or more of the many facets of the problem of family separation, including the cultural significance of the family, the difficulty of defining "family," the balancing of interests and rights among different members of the family, and the balancing of these individuals' rights against the broader social, political, or economic interests of society or the state. In addition, each case tests the boundaries of possible international norms addressing this problem. Issues involving the integrity of families are difficult for international law to resolve because they involve a variety of competing values, values that are often both passionately held and deeply contested among and within cultures. These include the rights and interests of individual family members, including the special rights of children as well as the rights of adults to form relationships,
In the "best interest" of immigrant and refugee children: deliberating on their unique circumstances.
Each year, state juvenile courts provide thousands of immigrant and refugee children with access to consistent and reliable caregiving and a stable environment. To examine how courts interpret "the best interests" of immigrant and refugee children, this article examines 24 cases in courts across the United States, which indicate they use a territorial approach when evaluating the best interests standard. Although legal status was not an issue, many related factors were. Consequently, the courts restricted immigrant parents' rights in caring, guiding, and visiting their children; increased the risk of wrongfully terminating parental rights; and intensified the unpredictability of immigrant and refugee children's welfare in the long run. This article suggests an approach that encourages communication between social workers and the courts to address the special needs and circumstances of immigrant and refugee children on three key topics: the material and moral welfare of the child, and social welfare for immigrant and refugee families.
Immaculate Consumption: A Critique of the “Shop till you drop” School of Human Behavior
Consumer behavior and choice models have assumed a major role in historical archaeology. Recent interest in consumption is an honest attempt to move beyond an emphasis on production. Consumer models have clear material referents, making them useful in historical archaeology. These models, however, separate production from consumption, and privilege the autonomous individual as the preferred unit of analysis. They also reinforce and validate ideologies that obscure inequalities and power relations in modern society. For us the important issue is how people reproduce themselves as social beings. Focusing on social reproduction integrates both production and consumption.