Rights and Legal Practice

​​​State activities in the tension field between welfare and coercion to ensure "protection", "support" and "encouragement" as well as state interventions require legal bases. The administrative ordering, implementation and supervision of such measures must be in due compliance with human rights. These conditions were not or only partially fulfilled in the past. The projects in this module will investigate the change of legal practice, rights of appeal, and social norms, all coining the understanding of what is "legal". In this respect, the question as to whether the persons concerned had access to justice and were able to enforce their legal rights or not has also evolved over time. Irrespective of this, the question arises as to whether the persons concerned suffered injustices due to former legal practices or whether former legal systems and practices violated human rights.

Completed projects

The long-term role of forensic medical expertise in placements and detention

http://www.nfp76.ch/en/projects/rights-and-legal-practice/project-porret

Prof. Dr. Michel Porret, Prof. Dr. Cristina Ferreira

Ongoing research projects

A coercive protection? Assessing child protection norms and decision-making

http://www.nfp76.ch/en/projects/rights-and-legal-practice/project-frauenfelder

Prof. Dr. Arnaud Frauenfelder, Dr. Joëlle Droux, Prof. Dr. Rita Hofstetter

Coercive decisions in Switzerland through the lens of international standards : foster care placements

http://www.nfp76.ch/en/projects/rights-and-legal-practice/projekt-jaffe

Prof. Dr. Philip D. Jaffé

Genesis and impact of psychiatric expertise on child placement

http://www.nfp76.ch/en/projects/rights-and-legal-practice/project-ritzmann

Prof. Dr. Iris Ritzmann

Preserving and Encouraging Self-Determination in Adult Protection

http://www.nfp76.ch/en/projects/rights-and-legal-practice/project-becker-lenz

Prof. Dr. Roland Becker-Lenz

The knowledge and power of forensic psychiatry

http://www.nfp76.ch/en/projects/rights-and-legal-practice/projekt-ferreira

Prof. Dr. Cristina Ferreira, Prof. Dr. Jacques Gasser