Papers by Mark P Capaldi
IMISCOE research series, 2023
Unpacking the Death Penalty in ASEAN, 2023
Child Abuse & Neglect
Unpacking the Death Penalty in ASEAN
This concluding chapter reviews how retentionist countries often seek to justify their use of cap... more This concluding chapter reviews how retentionist countries often seek to justify their use of capital punishment by relying on punishment theories that draw a distinction between the infliction of just punishment and arbitrary and unjust violence by the State. It also examines how the continuing use of capital punishment in Southeast Asian countries has been explained by some experts to reflect the distinctive Asian perception of human rights, being one that oversees the prevalence of community rights over individual rights, thus reinforcing the desideratum of the State to accentuate stringent punishment for offenders who are viewed as rebelling against the regiments of State control.There has been an undeniable worldwide decline in retention over the last forty years. This chapter, therefore, asks why, despite this inexorable global trend and the universal recognition of human rights, do most ASEAN States cling to retentionist principles and policies? Moving beyond traditional theo...
In the endeavor of promoting and protecting rights and well beings of the child, Save the Childre... more In the endeavor of promoting and protecting rights and well beings of the child, Save the Children sees the importance of having a good understanding of the situation for children in the country context in order to inform its strategic decisions at the regional level. Save the Children therefore commissioned the Institute of Human Rights and Peace Studies, Mahidol University, to carry out a comprehensive Regional Children’s Rights Situation Analysis (CRSA) in ASEAN. The overall purpose of the Regional Children’s Rights Situation Analysis is to provide a comprehensive overview and analysis of the current situation of children in ASEAN member countries. The Regional CRSA includes, among others, an examination of current rights violations and its underlying causes, including the accountabilities of duty bearers; analysis of relevant legal frameworks and of the perspectives of other stakeholders, including children, as well as, looking at the environment of changes taking place and likely to take place over the next three to five plus years and how these may affect children’s rights. The purpose is to enable Save the Children and its partner civil society organizations to make the appropriate strategic choices about what needs to be done to improve children’s lives, in the context of ASEAN and ASEAN Member States (AMS), in particular. The study has employed mainly desk reviews and a detailed study including field researches in three countries where Save the Children does not have presence (namely Brunei, Malaysia and Singapore). It also examines other sources of literatures and policy statements of ASEAN and AMS. The study also looks at emerging/new children’s rights issues or those that Save the Children in Southeast Asia has not worked on in the past so as to balance program experience with new opportunities for engagement that will have a positive impact on children’s lives. The Study Team also conducted stakeholders’ interviews and focus group discussions with children especially in the three countries as stated earlier. Two regional consultations were organized with relevant Save the Children staff as well as representatives from civil society, government and academia in ASEAN Member States. There are some limitations that the Team faced in the process of this study. The quantitative data is scarce in the region and this has implications on analyzing the disaggregation of children’s rights mapping disaggregation of data by gender, ethnicity, disability and age. The Team, to a certain extent was able to do a stakeholder analysis by looking at roles and responsibilities, capacity gap analysis, and trends analysis; however, there is room for further research
IMISCOE Research Series
The proportion of people’s movement within Southeast Asia continues to rise with the UN estimatin... more The proportion of people’s movement within Southeast Asia continues to rise with the UN estimating there are over ten million international migrants in the region. The causes of migration are varied and may be due to economic inequalities, environmental degradation, violent conflicts and other forms of human rights violations. Many of the richer countries in the region (where 96% of the region’s migrants are found) depend on human mobility to fill low-wage jobs in agriculture, tourism, construction, domestic help and their plight has been thrust into the spotlight by the COVID-19 pandemic. Forced, irregular and mixed migratory flows are all key trends in Southeast Asia. This chapter aims to explore the dynamics of these mixed migration flows by taking a theoretical approach to analysing migration in the region. The chapter concludes by assessing the effectiveness of existing policies and mechanisms in Southeast Asia in order to provide recommendations for a more rights-based regiona...
PsycEXTRA Dataset, 2007
Drawing on ECPAT’s knowledge base from around the world, this paper underlines the differences of... more Drawing on ECPAT’s knowledge base from around the world, this paper underlines the differences of trafficking of children for sexual exploitation with the larger issue of human trafficking as well as explains the necessity of interventions which factor the specific needs of children. It will discuss the need to provide improved legal protection and appropriately tailored psychosocial assistance to child victims while at the same time pursing traffickers with efficient legislation and use of political and governmental resources.
US-China Law Review
Children's privacy and data protection is essential in maintaining and fulfilling legal o... more Children's privacy and data protection is essential in maintaining and fulfilling legal obligations in protecting children's privacy. During judicial proceedings, the child is appointed as a defendant, witness or victim and legally the trial is declared closed to the public in order to protect the child's privacy. Since the trial is declared closed to the public, the identity of the child cannot be published, including when the verdict is declared. In Indonesia, problems arise when an excerpt of a verdict from a case related to children is published and displayed on the Supreme Court website demonstrating inconsistencies in protecting the child's privacy in the legal process. In some cases, it has been found that the court verdict displays the child's identity completely or partially. Even where there are verdicts that do not display the child's identity, information regarding the criminal cases may be clearly exposed in the verdict making it possible to find out personal information about the children as well. As such, through an analysis of secondary data and a review of the legal framework, this paper presents the protection of children's privacy data in judicial decisions as currently found in Indonesia, and its implications for children. It concludes by identifying how legal norms should rule the protection of children's privacy data in judicial decisions.
Journal of Population and Social Studies
Non-governmental organizations (NGOs) researching vulnerable groups have tended to receive limite... more Non-governmental organizations (NGOs) researching vulnerable groups have tended to receive limited ethics guidance or oversight, while academia is expected to follow stringent and sometimes seemingly restrictive and bureaucratic processes. The research ethics principles of NGOs and academia are quite similar. However, the frameworks and review processes can differ markedly, creating either strengths, weaknesses, or gaps for both sectors. This divergence is an even greater imperative for sensitive subject matters such as research involving child victims of trafficking or sexual exploitation. Building upon an extensive literature review, this paper undertakes a comparative analysis of the guidelines for ethical research developed by ECPAT International, a global network of non-governmental organizations working to combat the trafficking and sexual exploitation of children, and the Institute of Human Rights and Peace Studies, Mahidol University, Thailand. Through interviewing 14 resear...
Advances in Social Science and Culture, 2021
Children’s Online Privacy Protection is a form of protection for all information attached to a ch... more Children’s Online Privacy Protection is a form of protection for all information attached to a child such as: a name, address, photo, video, and other related information pointing to the children. In Indonesia, the regulation of a child’s personal data does not create adequate protection. In reality, many children’s personal data are spread on social media and other various platforms that children access and as a result, the child’s personal data can be accessed and used for marketing purposes and/or other exploitation. As a legal subject, a child cannot protect themselves not only from various purposes of online business models designed by online platforms, but also from other people that may have bad intentions. In a global context, standardization becomes a necessity as both a measuring instrument and guidance for other countries to follow. The problem is, some of the measurements need to be adjusted with national law to comply with the set of local standards. Some of the first c...
Journal of Population and Social Studies, 2015
There are differing views on whether independent child migration increases children’s vulnerabili... more There are differing views on whether independent child migration increases children’s vulnerability to exploitation or is an expression of their proactive agency. As little attention has yet been given to the motivations, comparative benefits, outcomes and rights of voluntary child migrants, this paper gives voice to independent child migrants in Thailand. Using child-focused research methodology, it draws from the experiences of 76 youth who all independently migrated when they were children. The research reassesses the common assumptions and adult constructs around children’s agency and migration. Labeling all child migrants who experience some degree of exploitation as victims of trafficking is found to be counterproductive. A better understanding of the notion of childhood and children’s capacities within the Southeast Asian context illustrates the conflicting concepts of child agency and vulnerability. As such, by listening more seriously to the positive views of independent c...
UN ACT, 2017
As with other regions of the world, the literature on migration within Southeast Asia has been do... more As with other regions of the world, the literature on migration within Southeast Asia has been dominated by concerns over adult movement, smuggling or human trafficking rather than child migration. As these children generally lack the necessary legal documentation for their journeys, they are especially vulnerable to deception, coercion, abuse and exploitation. However, as the acceptance of children’s agency and proactive engagement with migration has received minimal attention, this paper goes beyond the assumptions of child trafficking to expose how adolescent migration can be a positive expression of young people’s aspirations for a better life and the full realization of their rights. Through doctoral research carried out from 2013 to 2015, independent child migrants (76), were found to have had a range of reasons and benefits for moving such as improved economic or learning opportunities, a desire for new experiences, or the formation of new social relationships. This paper giv...
USA-China Law Review, 2021
Children's privacy and data protection is essential in maintaining and fulfilling legal obligatio... more Children's privacy and data protection is essential in maintaining and fulfilling legal obligations in protecting children's privacy. During judicial proceedings, the child is appointed as a defendant, witness or victim and legally the trial is declared closed to the public in order to protect the child's privacy. Since the trial is declared closed to the public, the identity of the child cannot be published, including when the verdict is declared. In Indonesia, problems arise when an excerpt of a verdict from a case related to children is published and displayed on the Supreme Court website demonstrating inconsistencies in protecting the child's privacy in the legal process. In some cases, it has been found that the court verdict displays the child's identity completely or partially. Even where there are verdicts that do not display the child's identity, information regarding the criminal cases may be clearly exposed in the verdict making it possible to find out personal information about the children as well. As such, through an analysis of secondary data and a review of the legal framework, this paper presents the protection of children's privacy data in judicial decisions as currently found in Indonesia, and its implications for children. It concludes by identifying how legal norms should rule the protection of children's privacy data in judicial decisions.
Journal of Population and Social Studies, 2021
Non-governmental organizations (NGOs) researching vulnerable groups have tended to receive limite... more Non-governmental organizations (NGOs) researching vulnerable groups have tended to receive limited ethics guidance or oversight, while academia is expected to follow stringent and sometimes seemingly restrictive and bureaucratic processes. The research ethics principles of NGOs and academia are quite similar. However, the frameworks and review processes can differ markedly, creating either strengths, weaknesses, or gaps for both sectors. This divergence is an even greater imperative for sensitive subject matters such as research involving child victims of trafficking or sexual exploitation. Building upon an extensive literature review, this paper undertakes a comparative analysis of the guidelines for ethical research developed by ECPAT International, a global network of non-governmental organizations working to combat the trafficking and sexual exploitation of children, and the
Journal of Human Rights and Peace , 2020
Despite the ASEAN region being religiously diverse, those of differing sexualities have generally... more Despite the ASEAN region being religiously diverse, those of differing sexualities have generally faced conservative interpretations of religious doctrines that cloak aspects of sexuality within a discourse of immorality and sin. Based upon an in-depth literature review of secondary data, this article focuses on the region's principle religions (Islam, Buddhism and Christianity) and explores the generally polarising nature of their relationship with sexuality. By examining the constructions of sexuality within the region the paper illustrates how theology, legal frameworks and juridical corpuses have been used to justify the prohibition-and in some cases criminalization-of same-sex practices. Detailing how these structures, systems and patterns deprive LGBTQ persons from full enjoyment of their human rights it is shown how in many cases these may act as justification for various forms of discrimination, violence and abuse. The paper concludes by suggesting that theoretical frameworks for understanding such conflict can be researched and used to identify conflict resolution strategies that build upon religious values such as tolerance, compassion and nonviolence.
Advances in Social Science and Culture, 2021
Children's Online Privacy Protection is a form of protection for all information attached to a ch... more Children's Online Privacy Protection is a form of protection for all information attached to a child such as: a name, address, photo, video, and other related information pointing to the children. In Indonesia, the regulation of a child's personal data does not create adequate protection. In reality, many children's personal data are spread on social media and other various platforms that children access and as a result, the child's personal data can be accessed and used for marketing purposes and/or other exploitation. As a legal subject, a child cannot protect themselves not only from various purposes of online business models designed by online platforms, but also from other people that may have bad intentions. In a global context, standardization becomes a necessity as both a measuring instrument and guidance for other countries to follow. The problem is, some of the measurements need to be adjusted with national law to comply with the set of local standards. Some of the first countries that have already regulated children's privacy are found within the European Union (EU), UK and U.S. This research describes the scope of child protection standards and match them with Indonesian positive law. The research method of this research use doctrinal legal research to collect and to analyze legal material regarding two main concepts, namely: child protection regulation and information regulation. As a result, it is found that there is no legal mechanism that guarantees the protection of children's personal data in Indonesia. It is suggested that Indonesian parliament and the President immediately revise the Child Protection Act and /or Electronic Transaction and Information Act.
Book Reviews by Mark P Capaldi
Journal of Human Rights and Peace Studies, 2020
This year is the 30 th Anniversary for ECPAT International, a global network of 118 nongovernment... more This year is the 30 th Anniversary for ECPAT International, a global network of 118 nongovernmental organisations (NGOs) working in 102 countries to eliminate the sexual exploitation of children. For ECPAT, and of course many other NGOs working with particularly vulnerable children, evidence-based research is needed to inform their strategies, and programmes which requires specific ethical standards and practical skills. Recognising that NGO research is often constrained by methodological weaknesses, in 2019, Dr. Gabrielle Berman (now the Senior Advisor for Ethics in Evidence Generation at UNICEF Innocenti) was commissioned to write a robust review of the literature and learning concerning the critical considerations for ethical research on sexual exploitation involving children.
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Papers by Mark P Capaldi
Book Reviews by Mark P Capaldi