Socio-Legal Issues In Youth Refuge: Case Study

Child Abuse and Discrimination in a Youth Refuge

1. The socio-legal issue arising from the case scenario and what I would do to address this issue. Why I would deal with these issues this way.

1. Child abuse  

It is evident that Tia has faced child abuse since she has been abused physically by her father. This is after she went out with her friends- although her father was against it. To deal with this I would ensure that Tia’s father respect her child’s rights and freedoms. I would also report this acts to authorities for further action. I will ensure that her father does not have custody of her.

1. Discrimination

Discrimination is yet another issue that can be seen. Discrimination against people with HIV/AIDS is very evident. Those with HIV and AIDs such as Jan are being gossiped about in the office. Instead of helping these individuals, those in the staff room are talking about them. In order to deal with this, I would talk to them on the importance of maintaining privacy and avoiding gossip. I would also take action against those discriminating others based on their condition. I would advocate for health education on HIV/AIDS within the school.

1. Freedom of movement and worship

Freedom of moment is a basic right and thus a socio legal issue. Tia cannot move freely due to her father.  The right to worship freely is also affected. Tia is unable to worship freely or mve freely as she has to follow her parents way of life and rules. To deal with this, I would stress that Tia is a human with right and freedoms. She requires her space to make her own decisions without interruption.  Emotiona abuse against Tia is aso seen and is a form of child abuse which should be delt with. (Widom, Czaja & Dutton, 2014; Zeanah & Humphreys, 2018).

There are many ethical and legal issues that arise from the reports that are being requested by various groups and this include:

Autonomy, privacy, consent and the respect of the rights and freedoms of those involved.

1. Tia’s mother wants a report on her view and position on the care of the children. However, there is lack of autonomy since the children are not able to express their views. The risk of breaking confidentiality of the children in regards to their exposure to sex is highly likely in the report. The focus of the report will not only be on the children but also their rights will be infringed.
2. The court report will require an extensive report on what the children have been going through as they have been living with their parents.  This report also risks to break confidentiality and autonomy of the children. It is highly likely that too much information will be needed in these reports. The children’s privacy and consent will also be interfered with. They will not have the opportunity to hide some of the crucial information regarding themselves (Kerridge, Lowe & Stewart, 2009; Steward, Callen & Smith, 2017).

a. Children in juvenile detentions are not adequately protected by our current laws. More laws need to be implemented to spell out how these children should be cared for on juvenile detention. The minimum age for children who are taken to juvenile detentions should also be revised since very young children are suffering from depression and other psychological illnesses after detention in these facilities. The type of punishment received in most of the juvenile facilities is kin to child abuse. Laws should also be changed to format the type of punishment that is acceptable for children in juvenile facilities. Visitation rights by parent and other close kin should all be added to the current laws. The number of acceptable visitations should also be made (Churchill, Harriet & Barbara, 2016: Paxman et al., 2014.).

Ethical and Legal Issues in Court Report Writing

b. New South Wales child protection system should not remove children who witness domestic violence. Domestic violence has an impact on the psychological and emotional state of the children. Removing children from the protection system will leave them at risk of self-harm and the harm of others. Higher risks of child harm are likely if the children are not protected and their needs met. However, a lower risk of self-harm could occur if the children are adequately protected (Lovell, 2014; Van Rijswijk,, 2014).

c. The Northern Territory intervention is acceptable in my view. The intervention providers for the protection of the children of the aboriginal origin from racial discrimination. Higher accordance of childcare is also offered through the intervention. Children are able to receive an education since appropriate finds are set aside for them to learn. The intervention is significant because it protects children from sexual abuse and unwanted early marriages. Children are at a high rate of early marriages and school dropouts due to the pervasive cultural customs of the aboriginal people. There are very many cultural practices which would diminish the quality of life of aboriginal if the northern territory intervention was not put in place. In addition, the intervention ensures children of Aboriginal origin are we assimilated in the community and this are not mistreated. They are able to learn the way of life of the Australian people and this live according to this.

Children who are neglected also benefit from the intervention. Children are able to earn a living even when their patents leave the since the intervention clearly spells out the amount and contribution that must be made by the family members for the children. Support from social groups ensures the psychological state of the children is maintained even in cases of child neglect or abuse. The Norther Territory Intervention is appropriate and should continue.

References

Churchill, Harriet, and Barbara Fawcett. “Refocusing on early intervention and family support: A review of child welfare reforms in New South Wales, Australia.” Social Policy and Society 15, no. 2 (2016): 303-316.

Kerridge, I., Lowe, M. and Stewart, C., 2009. Ethics and law for the health professions (p. 225). Sydney: Federation Press.

Lovell, M., 2014. Languages of neoliberal critique: The production of coercive government in the Northern Territory Intervention. Studies in Australian Political Rhetoric, pp.221-240.

Paxman, M., Tully, L., Burke, S. and Watson, J., 2014. Pathways of care: Longitudinal study on children and young people in out-of-home care in New South Wales. Family Matters, (94), p.15.

Steward, J., Callen, E. and Smith, K., 2017. Ethical Issues in Health Care.

Van Rijswijk, H., 2014. Archiving the Northern Territory Intervention in Law and in the Literary Counter-Imaginary. Australian Feminist Law Journal, 40(1), pp.117-133.

Widom, C.S., Czaja, S. and Dutton, M.A., 2014. Child abuse and neglect and intimate partner violence victimization and perpetration: A prospective investigation. Child abuse & neglect, 38(4), pp.650-663.

Zeanah, C.H. and Humphreys, K.L., 2018. Child Abuse and Neglect. Journal of the American Academy of Child & Adolescent Psychiatry, 57(9), pp.637-644.