International Journal of Law 

About: International Journal of Law is an academic journal published by AkiNik Publications. The journal publishes majorly in the area(s): Legislation & Human rights. It has an ISSN identifier of 2455-2194. It is also open access. Over the lifetime, 324 publications have been published receiving 820 citations.

'Secrecy': what can artificial reproduction learn from adoption?

Abstract: Frequent comparisons are made between adoptive families and those families formed through artificial means of reproduction, particularly those involving sperm and egg donation. It is claimed that problems from the latter arising out of the extent of the child's knowledge of his/her parentage may be handled with reference to the solutions found within adoption to similar problems. This paper examines those claims and questions the initial premise. It argues that problems remain within British adoption on the issue of openness, at the level of legislation, administration and professional practice. It argues that problems remain because of an uneasiness which still persists about adoption as an institution. Moves to make the practice of adoption more open have, in effect, disguised but not eliminated the uneasiness. An attempt to extend those 'solutions' to artificial reproduction might (a) suggest similar ambivalence about those practices and (b) lead to claims which again disguise rather than solve those ambiguities. The paper concludes therefore that adoption might be a useful precedent for artificial reproduction but more in the way it poses questions which remain to be answered, than as a source of solutions for direct application.

A school's duty to provide a safe learning environment: Does this include cyberbullying?

Abstract: Cyberbullying is now recognised as a new form of bullying especially amongst young people. While the consequences of this insidious way of bullying have not been fully explored, it would seem it could be extremely detrimental to both the victims and the perpetrators. Schools in Australia and New Zealand are required to have anti-bullying policies but many have not considered cyberbullying to be in their jurisdiction as cyberspace has no geographical boundaries. This article examines the legal issues of cyberbullying and schools' responsibility under the civil law for cyberbullying and the criminal ramifications of such conduct.

Queensland teachers' new legal obligation to report child sexual abuse

Abstract: Legislative amendments commencing in 2004 impose a new obligation on teachers and staff in Queensland schools to report known or suspected sexual abuse of a student by a school employee. The obligation to report this class of abuse is the first statutory obligation ever imposed on teachers in Queensland regarding the reporting of child abuse. However, when compared with the mandatory reporting legislation applying to teachers in other Australian jurisdictions, the Queensland provisions are very limited. This article examines the legislative changes and their context, compares the Queensland legislation with that in other Australian jurisdictions, and discusses the issue of whether there should be a general obligation imposed on teachers in Queensland to report all known or suspected child abuse and neglect. This discussion involves a consideration of the incidence and consequences of child abuse and neglect, the role of teachers, and arguments for and against imposing such a general obligation.

The Whats, whys and wherefores of home education and its regulation in Australia

Abstract: This paper presents a unique summary of Australian research on home education, and an evaluation of current regulation in an Australian context. It begins with the recognition that home education is a legal alternative to school education in Australia. However it argues that legal definitions of home education do not properly reflect the practice of home education. This is illustrated by an examination of different educational approaches taken by home educators and research on the socialisation of home educated children in Australia. Research on who chooses home education, why people choose home education and the educational outcomes for home educated children is also discussed. Home educating families represent all family types, are found in rural, suburban and city locations, and choose home education for a variety ofreasons. Research indicates that Australian home educated children have positive educational and social experiences and outcomes. The question of whether and ifso the extent to which, home education should be regulated by the state is examined. The authors argue that whilst regulation is acceptable to protect a childr right to education, a more consistent regulatory framework is needed across Australia. It is argued that such aframework should facilitate and encourage children who are being home educated and should be flexible enough to accommodate the variety ofeducational approaches taken to home education.

Family law issues and schools: Guidance for Australian educators

Abstract: A substantial number of Australian children are now living in separated families, with many moving between their parents’ homes. This has led to educators being confronted with an increasing number of family law issues. This article discusses the key aspects of family law that involve children. It highlights the need for schools to be aware of all family law orders that relate to children in their care, including family court, domestic violence and child protection orders. It also provides guidance in relation to how schools can adopt child focused approaches in some common scenarios, where parents are in dispute. In particular, we will recommend that educators take a child-focused approach, consistent with the principal provision of the Family Law Act 1975 (Cth) that ‘the best interests of the child’ be the paramount consideration. We will highlight how this contrasts starkly with what can be described as a ‘parental rights’ interpretation, which has unfortunately been taken by some since the 2006 amendments to the Family Law Act, and is, in our view, directly at odds with the intention of the legislation.