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Abstracts
Sedek Abrahem
Title: To what extent do Article 1 and Article 33 of the 1951 Convention Relating to the Status of Refugees prevent Western countries from using it as an immigration control tool?’
Abstract:
This paper critically evaluates the restrictive application of Articles 1 and 33 of the 1951 Refugee Convention by Western countries, specifically focusing on the extent to which these articles prevent or facilitate the use of the Convention as a tool for immigration control. The research utilises a qualitative methodology, incorporating case law analysis and legislative reviews to dissect how Western nations interpret and implement these key provisions. Through this analysis, the paper reveals that the original humanitarian aims of the Convention are often compromised by national interests and restrictive interpretations that prioritise immigration control over refugee protection. The findings indicate that the ambiguous and outdated criteria within Article 1 of the Convention are exploited by Western nations to curtail the recognition of refugee status, thereby transforming the Convention into a regulatory mechanism for controlling immigration. Furthermore, the principle of non-refoulement, as outlined in Article 33, is often narrowly applied, enabling countries to circumvent their obligations to protect refugees. Notably, the use of Safe Third Country Agreements is examined as a strategy to minimise asylum responsibilities, a practice that reflects a deviation from the Convention's humanitarian goals. The Rwanda Asylum and Immigration Bill is used as a case study to illustrate this trend. The Bill demonstrates the outsourcing of asylum responsibilities to Rwanda, where significant issues in asylum procedures, including discriminatory practices and a high risk of refoulement, starkly contrast with the Convention's goals. These findings justified the need for reform to align the Convention with its original protective intentions.
Swati Krishnakumar
Title: Discrimination bias in AI: examining UK legislation and policy to counter discrimination within predictive policing AI
Abstract:
Predictive policing (PP) is an algorithmic tool, whose purpose is twofold: police officers use PP to identify both potential offenders and victims. PP artificial intelligence (AI), particular, has rapidly progressed and vastly increased the police’s capacity to process individuals’ data. Despite aims of improving the accuracy and objectivity of decision-making, and police resource allocation, the adverse potential of PP to perpetuate discrimination has been largely overlooked by the government, who continue to encourage its usage. Therefore, this paper advocates for robust statutory measures to mitigate discrimination in PP decision-making. Actual implementation of such measures may seem unlikely, given the government’s general reluctance to enact AI legislation. However, this paper presents a clear argument on how current PP tools lead to widespread discrimination, leaving little room for the government to disregard the dangerous effects of PP. By comparing the discriminatory effects of a now discontinued PP tool with those of another which is still employed, the inadequacies of current legislation and policy are identified and examined. Consequently, this paper advises that the UK can learn from recent EU AI legislation; the UK should use the EU’s approach as a foundation for constructing its own more holistic legislation. Current literature largely assesses EU legislation as a whole, rather than identifying specific algorithmic issues affecting individuals. Therefore, this paper aims to bridge the literary gap, promoting the protection of individuals. This is important because the UK Government currently prioritises innovation and economic gain, over individuals’ right to non-discriminatory police practices.
Joseph Nicolle
Title: Autonomy and capacity in Healthcare: What do they mean and to what extent are interpretative limitations failing those who lack them?
Abstract:
In 2005, the law regarding mental capacity was established. It pledged to protect and restore power to individuals found to lack the capacity to make decisions for themselves. It stated that all adults should receive the support to make their own decisions where possible and provided a framework to aid those who could not. This paper examines whether the law has complied with these promises or whether it has fallen disastrously short. This will be achieved firstly through consideration of the principles of autonomy and capacity and their association. Secondly, analysis of relevant statute and case law will demonstrate its interpretive shortcomings and evidence how the law may be reformed to align with modern understandings and interpretations. It will be argued that the current law on capacity is distorted and provides a disjointed understanding for autonomy. Subsequently, it will be argued that these contorted interpretations of the law fails those it vows to protect. Furthermore, such skewed interpretations highlight blemishes in the current safeguards for depriving incapacitated individuals of their liberty, resulting in a ‘theoretical gap,' which has resulted in very real consequences. Finally, it will be proposed that there are two central adjustments to be made of the law, one of which takes inspiration from international interpretations.
Eva Wainwright
Title: Family Vlogging in England and Wales: How are the Rights of Privacy and Welfare of Children who work online protected, and are the rights of Parents Prioritised
Abstract:
With the rise of YouTube, family vlogging has become a popular. This is a new source of income in which personal experiences are broadcast to large audiences. Thus, with children gaining visibility through platforms such as this, it becomes crucial to consider the implications of such exposure and implement appropriate safeguards. This paper seeks to understand how the law in England and Wales navigates the relationship between children’s rights and interests and parents’ rights in the context of family vlogging. Findings from this research revealed that the merging of public and private spheres online significantly compromises children's safety, often due to the legal system's emphasis on parental rights and its reactive approach to privacy breaches and exploitation. Through analysis of the misuse of private information tort and judicial approaches, this research demonstrated that existing laws are inadequate in the face of technological advancements, detailing how this is influenced by freedom from state intervention. Furthermore, the analysis of child labour and economic exploitation regulations highlighted that licensing provisions could be adapted to protect children from exploitation and ensure their well-being, like that of current traditional entertainment industries.
Ultimately, this paper asserts that the absence of the development of safeguards leaves children engaged in online labour susceptible to exploitation and privacy violations and advocates for the implementation of comprehensive measures to protect their well-being and rights.
Caroline Bjørnstad
Title: Understanding Experiences of Domestic and Paid Work for Policewomen in their Attempts to Reconcile Demands
Abstract:
This article explores the existence and prevalence of gender norms for policewomen in domestic work and masculine norms in policing to determine their experiences of reconciling domestic and paid work. Women are expected to perform housework due to the sexual division of labour in the household. This appears to apply to all women, even those in professions with masculine norms. The police have also been found to reflect these expectations in their treatment of women in labour policies. This was either through denying women being put on flexible schedules that accommodated their work-life balance or shaming them for working these patterns. However, the underlying gender roles and attitudes of expectations of domestic work, particularly in England and Wales, have not been previously explored in the literature. To evaluate policewomen’s experiences of domestic and paid work, this article conducted 10 interviews with policewomen. This uncovered the existence of gender roles in the division of labour and masculine attitudes in policing, which prevented policewomen from accessing help to reconcile their domestic and policing demands. They also identified experiences with stress and conflict in the family, all of which worsened their ability to balance work and life. The article concludes that further research into strategies and necessity of rigid organisational demands is required for improving their lived realities. A recommendation for more research is made, so police can improve their role in aiding work-life balance for policewomen.