scholarly journals Article 3: The Best Interest of the Child

2022 ◽  
pp. 21-29
Author(s):  
Roberta Ruggiero
Keyword(s):  
Eastern Europe ◽  
Best Interests ◽  
Best Interest

Abstract‘When parents make decisions or something related to their children, they should discuss with their children and make decisions based on best interests of their children.’ (Eastern Europe)

Opinions Regarding the Principle of Promoting with Priority the Superior Interest of the Child in the Regulation of Law No. 272/2004 and the Romanian Civil Code

2020 ◽  
Vol 26 (2) ◽  
pp. 150-156
Author(s):  
Aurelia Teodora Drăghici ◽  
Andrei Murgu ◽  
Teodor Bodoașcă
Keyword(s):  
Children's Rights ◽  
Civil Code ◽  
Children’S Rights ◽  
Best Interests ◽  
Legal Analysis ◽  
Best Interest ◽  
Regulation Of Law

SummaryThe study is devoted mainly to the logical-legal analysis of the provisions of art. 2 of Law no. 272/2004 on the promotion and protection of children’s rights, as well as art. 263 of the Civil Code, which establish the main normative solutions regarding the “priority promotion of the principle of the best interests of the child”. Although the phrase “the best interests of the child” is used in the construction of many rules of Law no. 272/2004, the Civil Code and other normative acts, the legislator refrained from establishing its significance, leaving this approach to the doctrine. The proposed study is intended to be a contribution to achieving this goal. We were also concerned with the identification of normative inaccuracies and the substantiation of pertinent proposals of lege ferenda for the improvement of the regulations regarding the principle of promoting with priority the principle of the best interest of the child.

scholarly journals El derecho del menor extranjero a ser escuchado y su interés superior en los procedimientos de repatriación | The Right of foreign child to be heard and the best interests of the child in the return process

2018 ◽  
pp. 1
Author(s):  
Elena Arce Jiménez
Keyword(s):  
Legal System ◽  
Migrant Children ◽  
Best Interests ◽  
Best Interest ◽  
Effective Implementation ◽  
Rights Of The Child ◽  
The Right ◽  
Return Process ◽  
Children Rights

Resumen: Las dificultades para ser escuchado del menor extranjero en cualquier procedimiento que le afecte ponen de relieve las deficiencias generales existentes en nuestro ordenamiento jurídico para hacer efectivos los derechos de los que son titulares las personas menores de edad, sean extranjeras o no. Se analiza en primer lugar el artículo 12 de la Convención de los Derechos del niño, las condiciones imprescindibles para para hacer efectivo el derecho a ser escuchado y la conexión que existe entre ese derecho y la consideración primordial de su interés superior. A continuación se hace un repaso de la regulación española de los procedimientos de repatriación de menores extranjeros no acompañados a la luz del interés superior del menor y su derecho a ser escuchado. Abstract: The current challenges that migrant children face to have their right to be heard fulfilled and respected, put in evidence the general deficiencies of our legal system ensuring  the effective enjoyment of children rights, irrespective if the children in question are migrant or not. At the outset, article12 of the Convention on the Rights of the Child and its content is analysed, including the essential requirements for an effective implementation and enjoyment of the right to be heard and its linkages with the best interest of the child as the primary consideration. An analysis of the Spanish regulations under the return procedures for unaccompanied foreignchildren is also provided in light of the respect of the best interests of the child and their right to be heard.

Clinician Activism and Ethical Restraints in Providing Treatment: Preventive as Opposed to Reconstructive Approaches

1992 ◽  
Vol 29 (6) ◽  
pp. 571-574
Author(s):  
Howard M. Saal
Keyword(s):  
Health Professionals ◽  
Birth Defect ◽  
Treatment Decisions ◽  
Best Interests ◽  
Guidance And Counseling ◽  
Best Interest

There is seldom controversy when faced with treatment decisions for a child born with a birth defect. Occasionally, the situation arises in which a decision to withhold treatment must be made. Under most circumstances the responsibility for making such decisions rests with the child's parents or guardians, since it is generally felt that these individuals are the best advocates for the child's best interests. In order to make such difficult decisions, the parents are dependent upon the guidance and counseling of health professionals, especially the physicians most closely involved in each case. The ultimate decisions made by parents are dependent upon open and unambiguous communication with their children's clinicians as well as open communications among the caregivers themselves. The role of the clinician as an advocate for treatment and nontreatment of children is dependent upon clear unbiased communication and the desire to do what is in the best interest for each patient.

scholarly journals Protecting the Best Interests of the Child: A Comparative Analysis of the Youth Justice Systems in Ireland, England and Scotland

2010 ◽  
Vol 18 (2) ◽  
pp. 217-231 ◽  
Author(s):  
Raymond Arthur
Keyword(s):  
Young People ◽  
International Law ◽  
Justice System ◽  
Best Interests ◽  
Youth Justice ◽  
Best Interest ◽  
The Republic ◽  
The Government ◽  
Offending Behaviour ◽  
Best Interest Principle

AbstractIn the Republic of Ireland the government has proposed amending the Irish Constitution in order to improve children's rights. In this article I will argue that the proposed amendment represents a serious diminution in the rights historically afforded to young people who offend, disregards Ireland's commitments under international law and also ignores the well established link between child maltreatment and youth offending. The Irish approach echoes developments in the English youth justice system where the welfare concerns of young people who offend have become marginalised. I will compare the Irish and English approaches with the Scottish youth justice system which looks beyond young people's offending behaviour and provides a multi-disciplinary assessment of the young person's welfare needs. I will conclude that in Ireland, and in England, the best interest principle must be applied fully, without any distinction and integrated in all law relevant to children including laws regulating anti-social and offending behaviour.

scholarly journals The Principle of Protecting the Best Interests of the Child in Shia Jurisprudence and Iran’s Legal System with Emphasis on Custody (New Understanding of a Traditional Legal Concept)

2019 ◽  
Vol 6 (1-2) ◽  
pp. 67-82
Author(s):  
Seyed Masoud Noori ◽  
Maryamossadat Torabi
Keyword(s):  
Legal System ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
International Treaties ◽  
Best Interest ◽  
Legal Concept ◽  
Rights Of The Child ◽  
The Family ◽  
Made In

In this article, children’s rights will be studied in the Iranian legal system with remarks on its references in the Shia Jurisprudence. One of the main issues regarding children, is their guardianship, custody or tutorship. The Iranian legal system, same as the Shia Jurisprudence, has always kept the best Interest of the child as an essential ground for law making. Referring to court decisions; it is evident that control of the guardianship on the child is limited by the best interests of the child, because this interests is what we are sure to understand from the reason of custody of the child and that this system is designed only to secure child’s best interests since he/she might be incapable to secure his/her interests alone. The Iranian legal system, especially in the family law section is based on the Islamic rules. The main documents in the Shia Jurisprudence in Islam are Quran, Hadith, Consensus and reasoning which will be defined herein. In addition, a more recent review will be made in this study regarding the ratified laws regarding children’s rights and international treaties and conventions while focusing on the Convention on the Rights of the Child even though, Iran joined this convention by having several reservations.

scholarly journals El interés superior del menor en el caso de los hijos nacidos en España de madres que no transmiten su nacionalidad por aplicación del Derecho islámico. En particular, la reforma del Derecho marroquí = The superior interest of the child in the case of children born in Spain of mothers who do not transmit her nationality by applying the Islamic Law. In particular, the reform of Moroccan Law

2018 ◽  
Vol 10 (1) ◽  
pp. 510
Author(s):  
Isabel Zurita Martín
Keyword(s):  
Islamic Law ◽  
Best Interests ◽  
Best Interest ◽  
Unmarried Mother ◽  
Nationality Law

Resumen: La imposibilidad de la mujer de transmitir la nacionalidad a sus hijos en algunos ordenamientos islámicos lleva consigo la apatridia del menor en caso de madre no casada, dado que los hijos nacidos fuera del matrimonio carecen de filiación paterna. Esta circunstancia ha obligado a la DGRN a pronunciarse sobre la solicitud de nacionalidad española de los hijos nacidos en España de padres marroquíes no casados, dando lugar a una doctrina al respecto que ha venido a ser refrendada por la modificación de la Ley de Nacionalidad marroquí. El objetivo de este trabajo es reflejar, a la luz del principio de igualdad constitucional, la evolución de la legislación marroquí en esta materia, tomando como referencia las resoluciones emitidas por la DGRN, a fin de valorarlas teniendo en cuenta el interés superior del menor.Palabras clave: nacionalidad, filiación, Derecho islámico, Derecho marroquí, interés superior del menor.Abstract: The inability of a woman to transmit her nationality to her children in some Islamic systems entails the statelessness of the child in the case of an unmarried mother, since children born out of wedlock are deprived of paternal filiation. This circumstance has forced the DGRN to pronounce on the application of Spanish nationality of the children born in Spain of Moroccan unmarried parents, giving rise to a doctrine in this respect that has been endorsed by the modification of Moroccan Nationality Law. The aim of this paper is to reflect, in the light of the principle of constitutional equality, the evolution of Moroccan legislation in this area, taking as reference the resolutions issued by the DGRN, in order to assess them taking into account the best interests of the child.Keywords: nationality, filiation, Islamic law, Moroccan law, the best interest of the child.

scholarly journals THE RIGHT EDUCATION IN THE BEST INTERESTS OF THE CHILD

2022 ◽  
pp. 114-117
Author(s):  
V. Dorina
Keyword(s):  
Social Status ◽  
Gender Inequality ◽  
Ethnic Origin ◽  
Best Interests ◽  
Educational Services ◽  
Best Interest ◽  
Right To Education ◽  
Rights Of The Child ◽  
The Right

The article is devoted to ensuring the best interest of the child and his right to education. Attention is paid to the problems associated with the implementation of this right by various groups of children, depending on their social status and ethnic origin. The author draws attention to the implementation of the law under study in the context of the COVID-19 pandemic, which has exacerbated the problems of gender inequality, the quality of educational services, as well as access to them. The need for certain actions on the part of the state is indicated, in particular, making changes to the curricula to bring them in line with the recommendations of the UN Committee on the Rights of the Child in order to realize the right to education of the child from the standpoint of ensuring the best interest.

Clinical Opinion Letters Regarding Breastfeeding and Neonatal Abstinence Syndrome for Child Apprehension Family Court Proceedings

2018 ◽  
Vol 35 (2) ◽  
pp. 349-353
Author(s):  
Martha Jane Paynter
Keyword(s):  
Replacement Therapy ◽  
Child Protection ◽  
Best Interests ◽  
Family Court ◽  
Neonatal Abstinence Syndrome ◽  
Abstinence Syndrome ◽  
Opioid Use ◽  
Best Interest ◽  
Rights Of The Child ◽  
Opioid Replacement Therapy

The accelerating reach of opioid use disorder in North America includes increasing prevalence among pregnant people. In Canada, the rate of Neonatal Abstinence Syndrome (NAS) rose 27% between 2012–2013 and 2016–2017, and it is estimated that 0.51% of all infants now experience NAS after delivery. Pregnant people are a priority population for access to opioid replacement therapy programs. Participation in such programs demonstrates significant commitment to self-care among pregnant people and concern for fetal and infant wellbeing. Participation in opioid replacement therapy often results in family surveillance by Child Protection Services and infant apprehension. Children of Indigenous descent are held in foster care at high and disproportionate rates.The Convention on the Rights of the Child principle of Best Interests of the Child governs family law and child access decisions. The value of breastfeeding for all children and in particular for children recovering from NAS can be a consideration in the Best Interest of the Child. Clinicians with expertise in lactation may support the breastfeeding dyad to remain together by preparing Clinical Opinion Letters for the court. This Insights into Policy presents a how-to description of the content of clinical opinion letters in such cases, including context and process considerations, client background, breastfeeding science, and factors specific to neonatal abstinence syndrome.

Ethical Models in the Double Relationship Physician-Patient when Establishing Child Custody in Parental Divorce and Separation with Intense Conflictuality: Different Concepts for Physician and for Psychologist?

2021 ◽  
Vol 66 (Special Issue) ◽  
pp. 57-58
Author(s):  
George Cristian Curca ◽  
◽  
Iuliana Diac ◽  
Iuliana Dobrescu ◽  
Lucia-Emanuela Andrei ◽  
...  
Keyword(s):  
Forensic Psychiatry ◽  
Child Custody ◽  
Best Interests ◽  
Patient Relationship ◽  
Physician Patient Relationship ◽  
Best Interest ◽  
Parental Alienation ◽  
Emotional Relationships ◽  
Set Up ◽  
Physician Patient

"Introduction. Child custody judicial course usually are intense conflictual raising a lot of pressure both on adult parents as on children. Always require a forensic psychiatry set-up at the court request and a professional team, legal doctors, psychiatrists, psychologists of adult and children from the legal medicine institution and from the hospital. Children are carefully looked upon separately by psychologists in a special setu-up diregarding intruding and manipulation. Objective of this presentation is to identify ethical aspects of the relationship physician-patient (the adult parent and separate the child) and psychologist-patient (i.e. similar) in custody litigation. Material and methods. We have casuistry with a high diversity of parental alienation in child custody cases. Discussions: Does physicians (psychiatrist or legal doctor) and psychologists uses different ethical models and concepts to approache the adult parent or the child? Forensic psichiatry examinations are completed with psychiatry examination and psychology examination as much as documents examinations which are presented in the dossier. Social inquiry is very important. Conclusions: similar to physician-patient relationship in pediatry, psychologist-minor patient relationship is based on the same moral values and ethical principles: beneficence, nonmaleficence, justice, loialty, trust, mostly in a paternalistic model to sustain always the best interest of the child/children. Lack of autonomy of the minor child creates correlativity obligations to protect his rights and to sustain the best interests of the child as a primary consideration. Beneficence in forensic psychiatry may take into consideration maintaining also beneficial emotional relationships with both parents after the separation. "

Law, Compulsion and Community in Plato’s Republic

2011 ◽  
Vol 28 (1) ◽  
pp. 108-125
Author(s):  
John-Otto Phillips
Keyword(s):  
Critical Appraisal ◽  
Best Interests ◽  
Best Interest ◽  
The Law ◽  
The Ideal

This article examines Plato’s claim that the founders of the ideal city ought to establish a law compelling the philosophers to rule. This claim is perplexing as it seems to suggest that in the ideal city justice is not in the best interests of its possessor, for by obeying the law and ruling the philosopher will in turn be made very unhappy. Following a critical appraisal and ultimate rejection of a number of different attempts to make sense of this tension, this article advances a ‘communitarian’ interpretation. According to this interpretation, the existence of a law compelling the philosopher to rule is ultimately in her best interest because her ruling will lead to a well-educated and intellectually virtuous community. The existence of this virtuous community will, in turn, allow the philosopher better to achieve her principal goal—the attainment and preservation of truth.

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