Project objectives Radicalisation research leads to ethical and legal questions and issues. These issues need to be addressed in way that helps the project progress in ethically and legally acceptable manner. Description of Work The legal analysis in SAFIRE addressed questions such as which behavior associated with radicalisation is criminal behaviour. The ethical issues were addressed throughout the project in close cooperation between the ethicists and the researchers using a method called ethical parallel research. Results A legal analysis was made about criminal law and radicalisation. During the project lively discussions were held in the research team about ethical issues. An ethical justification for interventions in radicalisation processes has been written. With regard to research ethics: An indirect informed consent procedure for interviews with (former) radicals has been designed. Practical guidelines to prevent obtaining information that could lead to indirect identification of respondents were developed.
DOCUMENT
Recent years have seen a massive growth in ethical and legal frameworks to govern data science practices. Yet one of the core questions associated with ethical and legal frameworks is the extent to which they are implemented in practice. A particularly interesting case in this context comes to public officials, for whom higher standards typically exist. We are thus trying to understand how ethical and legal frameworks influence the everyday practices on data and algorithms of public sector data professionals. The following paper looks at two cases: public sector data professionals (1) at municipalities in the Netherlands and (2) at the Netherlands Police. We compare these two cases based on an analytical research framework we develop in this article to help understanding of everyday professional practices. We conclude that there is a wide gap between legal and ethical governance rules and the everyday practices.
MULTIFILE
In this paper, we analyse the development of the term “legal capabilities”. More specifically, we do three things. First, we track the emergence and development of the notion of legal capabilities. The term legal capabilities was used in legal research long before the capability approach was introduced in that field. Early on, its conceptualisation mainly reflected elements of legal literacy. In more recent writings, it is claimed that the notion is based on the capability approach. Second, we critically analyse the current use of the term legal capabilities and show that there is no proper theoretical grounding of this term in the capability approach. This is problematic, because it might give rise to misunderstandings and flawed policy recommendations. Third, we suggest some first steps towards a revision of the notion of legal capabilities. Starting from the concept of “access to justice”, legal capabilities have to be understood as the real opportunities someone has to get access to justice, rather than merely as formal opportunities or internal capabilities.
MULTIFILE
The development of legal frameworks for social enterprises in the Netherlands is described and analysed in this paper, focusing on 2015-2021. The Netherlands are the largest EU member state in population size without a specific legal form or status for social enterprises. A form of legal recognition is in development, but far from finished. Six lessons can be learned from the process: 1) Even in a thriving ecosystem based on ‘bottom up’ development, there is need for a legal framework. 2) Local government initiatives spur national government into action. 3) International examples prove inspirational, but the legal framework needs to fit the local context. 4) Finding balance between rule-based and principle-based elements is difficult. 5) Clarifying advantages for social entrepreneurs proves challenging. 6) Tenacious pioneers are crucial to keep the process going. Pressure on the national government to provide a legal framework that fits the Dutch cultural, political and entrepreneurial landscape remains.
DOCUMENT
The paper explores whether and under what conditions, vaccination against SARS-CoV-2 may become a mandatory requirement for employees. It includes a discussion on EU action on SARS-CoV-2 vaccination and its relevance for national level policy with emphasis on the legal basis and instruments used by the Union to persuade national authorities into action to increase vaccination uptake. The analysis then moves to the national level by focusing on the case of Hungary. Following an overview of the legal and regulatory framework for SARS-CoV-2 vaccines deployment, the analysis zooms into the sphere of employment and explores whether and how the SARS-CoV-2 vaccination may be turned into a mandatory workplace safety requirement. The paper highlights the decision of the Hungarian government to introduce compulsory vaccination for employees in the healthcare sector, and concludes with a discussion of the relevant rules and their potential, broader implications.
MULTIFILE
This study explores legal consciousness of social workers within the framework of the 2015 Social Support Act (SSA) in the Netherlands. The aim of this law is to provide social support and care to citizens with impairments or chronic psychological or psychosocial problems, with the goal of enabling people to live independently and actively participate in society. The SSA grants entitlement to a needs assessment to applicants, essential for accessing personalized provisions. This assessment is a pivotal legal evaluation for persons with disabilities to ultimately exercise their rights under the UN Convention on the Rights of Persons with Disabilities (CRPD), ratified by the Netherlands in 2016. With the use of the concept of legal consciousness, this study aims to contribute to understanding social workers’ experiences, understandings, and actions in relation to law in the context of legal decision-making on behalf of the council.
MULTIFILE
Business decisions and business logic are an important part of an organization’s daily activities. In the not so near past they were modelled as integrative part of business processes, however, during the last years, they are managed as a separate entity. Still, decisions and underlying business logic often remain a black box. Therefore, the call for transparency increases. Current theory does not provide a measurable and quantitative way to measure transparency for business decisions. This paper extends the understanding of different views on transparency with regards to business decisions and underlying business logic and presents a framework including Key Transparency Indicators (KTI) to measure the transparency of business decisions and business logic. The framework is validated by means of an experiment using case study data. Results show that the framework and KTI’s are useful to measure transparency. Further research will focus on further refinement of the measurements as well as further validation of the current measurements.
DOCUMENT
Individuals in multiproblem situations frequently seek frontline legal support. The support by frontline legal professionals is limited by its focus on the legal issue instead of the underlying problems. A strong focus on client values – i.e. on the outcome that these services yield in the client’s perception – may lead to a more effective approach by targeting underlying problems. Through individual interviews with clients and professionals, the current study examines client values and services that may contribute to those client values. Besides functional client values that focus on resolving the problem situation, emotional client values, such as trust prove at least as important. Furthermore, client values are not only supported by the professional’s legal expertise, accessibility and ability to build a relationship, but also by the professional’s knowledge and skills relevant to multiproblem situations, such as his ability to empower the client, the willingness to work on concrete needs, and his ability to adopt an integrated approach. Research findings confirm the relevance of an integrated approach to multiproblem situations, with due attention to different client values. Similarly, it proves important to incorporate skills and knowledge that specifically address multiproblem situations in education and training programmes of frontline legal professionals. Nederlandse samenvatting: Mensen in multiprobleem situaties maken veelvuldig gebruik van eerstelijns rechtshulp. De ondersteuning door eerstelijns rechtshulp wordt beperkt door de focus op de voorliggende rechtsvraag, in plaats van de onderliggende problematiek. Een sterke focus op klantwaarden – de opbrengsten van de dienstverlening in de ogen van de cliënt – zou weleens tot een effectievere werkwijze kunnen leiden, omdat de achterliggende problemen worden aangepakt. Aan de hand van diepteinterviews onder cliënten en professionals is onderzocht welke klantwaarden voor deze doelgroep relevant zijn en welke dienstverleningsaspecten daaraan kunnen bijdragen. Naast functionele klantwaarden gericht op oplossingen voor de probleemsituatie, blijken emotionele klantwaarden als vertrouwen en ontzorging minstens zo relevant. Ook dragen niet alleen juridisch vakmanschap, bereikbaarheid en de vaardigheden om met de klant een relatie op te bouwen van de professional aan klantwaarden bij, maar ook specifieke kennis en vaardigheden gericht op multiproblematiek, zoals de vaardigheid om de klant te empoweren, de bereidheid om te werken aan concrete behoeften, en het werken met een geïntegreerde aanpak. De onderzoeksbevindingen onderstrepen de relevantie van een integrale aanpak bij multiproblematiek met aandacht voor diverse klantwaarden. Evenzo blijkt van belang dat vaardigheden en kennis die specifiek gericht zijn op multiproblematiek in de opleiding van eerstelijns rechtshulp professionals worden geïncorporeerd.
DOCUMENT
From the article: Abstract Since more and more business rules management solutions are utilized, organizations search for guidance to design such solutions. Principles are often applied to guide the design of information systems in general. Scientific research on principles for business rules management is limited. The purpose of this paper is to specify, classify, and validate design principles that can be applied to guide the design of a business rules management solution. We conducted a three round focus group and three round Delphi Study, which led to the identification of 22 principles. These 22 principles can be clustered into four categories: 1) deep structure principles, 2) physical structure principles, 3) surface structure principles, and 4) organizational structure principles. Our results provide a framework for the design and analysis of business rules management solutions.
LINK
Assistive technology supports maintenance or improvement of an individual’s functioning and independence, though for people in need the access to assistive products is not always guaranteed. This paper presents a generic quality framework for assistive technology service delivery that can be used independent of the setting, context, legislative framework, or type of technology. Based on available literature and a series of discussions among the authors, a framework was developed. It consists of 7 general quality criteria and four indicators for each of these criteria. The criteria are: accessibility; competence; coordination; efficiency; flexibility; user centeredness, and infrastructure. This framework can be used at a micro level (processes around individual users), meso level (the service delivery scheme or programme) or at a macro level (the whole country). It aims to help identify in an easy way the main strengths and weaknesses of a system or process, and thus guide possible improvements. As a next step in the development of this quality framework the authors propose to organise a global consultancy process to obtain responses from stakeholders across the world and to plan a number of case studies in which the framework is applied to different service delivery systems and processes in different countries.
DOCUMENT
