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Faculty of Law · Te Kauhanganui Tātai Ture : Student Research Papers

Permanent URI for this collectionhttps://ir.wgtn.ac.nz/handle/123456789/11067

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Browsing Faculty of Law · Te Kauhanganui Tātai Ture : Student Research Papers by Subject "Abuse"

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    Abuse in Foster Care and Potential Liability for Local Authorities: Can liability be imposed through vicarious liability or a non-delegable duty?
    (Te Herenga Waka—Victoria University of Wellington, 2016) Overall, Linda
    In NA v Nottinghamshire County Council [2015] EWCA Civ 1139 the claimant attempted to sue the Nottinghamshire local authority through vicarious liability or alternatively non-delegable duties for the abuse she suffered at the hands of foster parents in two separate homes that she was placed in. This paper analyses the NA decision which rejected local authority liability under either claim. The article attempts to delineate an understanding of both doctrines, which remain contested within the judicial and academic communities. Through this understanding, and analysis of case law attempting to set down methodology and form within both doctrines, the article will show that recent decisions in both areas have followed instrumentalist reasoning rather than being based on principle. In an age where claims of abuse within foster care are likely to become more prevalent these questions need to be analysed and considered carefully in order to preserve the integrity of both private law doctrines, as well as to provide reasonable and justifiable precedent for future claims and claimants. The author argues that the better theory is that liability should have been imposed on the local authority under the non-delegable duty claim which works both in principle and in policy.
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    Addressing the Gap: Accountability Mechanisms for Peacekeepers Accused of Sexual Exploitation and Abuse
    (Te Herenga Waka—Victoria University of Wellington, 2018) Van Leeuwen, Jayden
    The United Nations has been plagued by incidents of sexual exploitation and abuse by peacekeepers for a number of years. These tragedies have had major implications for the credibility of the organisation, and have hindered its ability to achieve its goals. As the organisation has struggled to address this problem, a new form of accountability has evolved – direct non-legal accountability. This paper examines the problem of sexual exploitation and abuse by peacekeepers, as well as previous responses and the emergence of this new type of accountability. Direct non-legal accountability provides a viable alternative to standard conceptions of accountability in response to the situation. Although it will not solve the problem of sexual exploitation and abuse, normative improvements could be made to these mechanisms in order to better provide some accountability to the victims of this exploitation and abuse.