Browsing by Author "Capaldi M.P."

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    Accounting for Children’s Agency and Resilience in Independent Child Migration in Southeast Asia
    (2023-01-01) Capaldi M.P.; Altamura A.; Mahidol University
    In Southeast Asia, the so-called phenomenon of independent child migration has received growing scholarly attention in the last decade or so. A common element of this body of literature is the questioning of the stereotypical adult-centred representation of children who migrate alone for work as passive victims of trafficking. Whilst not ignoring or downplaying that migrating children are especially vulnerable to abuse and exploitation, a number of scholars have emphasized that if we listen to these children’s voices, an alternative discourse and approach can be proposed. Refusing unidimensional interpretations of what is in fact a complex issue, this work has unveiled several conceptual shortcomings in the conflation of child trafficking and independent child migration. In so doing, increasing emphasis has been placed on the notions of children’s agency, capacities and “childhood as a social construction”. Though only at a nascent state, research has also focused on the often neglected perspective of children’s resilience. Based on a comprehensive literature review, this chapter shows that by looking at independent child migration through these lenses, adolescent migration for work can often be a constructive aspiration of young people’s search for the full realization of their rights and a better life.
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    Fact or Fiction? Deconstructing the Death Penalty as a Deterrent to Crime in ASEAN
    (2023-01-01) Capaldi M.P.; Mahidol University
    A review of the global literature and research on the effectiveness of the death penalty as a deterrent show that both sides of the argument can come to varying conclusions. Within ASEAN, research and data on the use of the death penalty are especially problematic resulting in politicians being influenced more by perceptions and public opinion rather than evidence-based fact. Based upon an in-depth literature review of secondary data, this paper, therefore, looks at the various theories of deterrence for capital crimes and deconstructs them within the context of ASEAN. It argues that the theories and assumptions popular in the region in support of capital punishment are on shaky ground and that the crime rates in ASEAN retentionist countries for a number of offences suggest a much weaker prospect for effective deterrence. The paper concludes with a philosophical argument: given the lack of any evidence and the extreme severity of the punishment, then the issue of it being a deterrent should be removed from any discussion of the death penalty in ASEAN.
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    Parental Child Abduction In Indonesia: A Criminal Law Perspective
    (2025-08-31) Sofian A.; Yulia R.; Hendra R.; Setyawati M.; Capaldi M.P.; Sofian A.; Mahidol University
    This research examines parental conflicts that lead to "child abduction" within families and the criminal law aspects in Indonesia, including its differences from virtual child abduction. It employed the normative method, utilizing a legal framework focusing on criminal law and child protection legislation. Comparative legal approaches were also utilized in the research. The novelty of this study lies in its exploration of resolutions through criminal law for parents who abduct their children without the consent of the other parent. The wrongful actions of a parent who abducts a child without consent include separating the child, restricting access to the other parent, and disrupting the child's normal development. Within the realm of criminal law, this act by a parent is not considered a criminal offense. Consequently, it cannot be reported to the police, and thus, the police cannot process such abduction reports. This leads to injustice, particularly when the abducting parent prevents the other parent from seeing their biological child. Ultimately, the best interests of the child are no longer prioritized and tend to be neglected. Additionally, in relation to child abduction, perpetrators also utilize digital technology to influence the child. The Indonesian law seems to have failed to protect children from wrongful actions or forced separation from their parents. Therefore, reforms in criminal law related to child protection are needed, particularly concerning cases where a parent abducts their child and separates them from the other parent.
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    Present-Day Migration in Southeast Asia: Evolution, Flows and Migration Dynamics
    (2023-01-01) Capaldi M.P.; Mahidol University
    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 regional approach to migration.
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    The Death Penalty in ASEAN: Steadfastly Retentionist?
    (2023-01-01) Capaldi M.P.; Mahidol University
    This chapter provides an overview and recent data on the use of capital punishment within the ASEAN region—such as is available—and notes the effect that the COVID-19 pandemic has had on the use of capital punishment in the region. The legal and judiciary systems of the ASEAN Member States (AMS) are introduced examining the right to life and where the death penalty is stipulated. Whilst acknowledging that the death penalty is not explicitly banned by international human rights law, the chapter highlights the global trend towards abolition and contrasts this with AMS preference for retention. It examines why the death penalty remains popular/acceptable in the region and exposes trends that indicate its use is declining (e.g. moratoriums, reducing the extent of “most serious” crimes, decreasing criminal acts that carry a mandatory death sentence). The chapter also highlights examples of criminal injustices related to the death penalty in ASEAN retentionist states and concludes that although regional changes indicate less reliance on the death penalty, retention is still prominent. It questions whether the convenient politics of growing authoritarianism in the region and the wish to be seen as ‘tough on crime’ is thus bucking the inclination towards abolition in ASEAN.
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    Unpacking the Death Penalty in ASEAN
    (2023-01-01) Petcharamesree S.; Capaldi M.P.; Collins A.; Mahidol University
    This book contributes conceptually, theoretically and morally to a deeper understanding of the distinctive Asian perceptions of punishment, justice and human rights. Researched and prepared by scholars who have not only been conducting studies on the death penalty in the region but have also been advocating for legal reforms, this edited book touches upon the different justifications for the use of capital punishment in the ASEAN region, exposing the secrecy, sensitivities and dilemmas that mask violations of international human rights laws. The chapters bring in numerous new perspectives which have been overlooked in the traditional discourse surrounding the use of the death penalty, such as that around crimes that do not meet the threshold of “most serious”; the dignity of death row inmates and their families; contradictions within religion and capital punishment; and the way in which growing authoritarianism and the media are adversely influencing the public’s perception and support for capital punishment in the region. In examining how public opinion shapes state policies towards the death penalty and how it varies according to different offences and different states, the authors critically analyse how the international human rights mechanisms have specifically called for ASEAN member states to refrain from extending the application of the death penalty and to limit it to the “most serious crimes.” Relevant to socio-legal scholars focused on crime and punishment in Southeast Asia, and in the Global South more broadly, this is a landmark collection in criminology and human rights scholarship. Chapter "ASEAN and the Death Penalty: Theoretical and Legal Views and a Pathway to Abolition" is available open access under a Creative Commons Attribution 4.0 International License via.