scholarly journals Article 22: The Right to Protection for Refugee and Asylum-Seeking Children

2022 ◽  
pp. 357-367
Author(s):  
Christian Whalen
Keyword(s):  
Due Process ◽  
Hague Convention ◽  
Refugee Children ◽  
Best Interest ◽  
Human Right ◽  
Refugee Child ◽  
Residency Status ◽  
Alternative Measures ◽  
Children First ◽  
The Right

AbstractArticle 22 guarantees the substantive application of all Convention rights to the particular situation of asylum seeking and refugee children, and also guarantees them protection and assistance in advancing their immigration and residency status claims and in overcoming the hurdles posed by international migration channels, including guarantees of due process. The rights of refugee and asylum-seeking children can be analyzed in relation to four essential attributes. First of all, Article 22 insists upon appropriate protection and humanitarian assistance. Refugee children are not granted a special status under the Convention, but they are not given any lesser status. They are to be treated as children first and foremost and not as migrants per se, in the sense that national immigration policy cannot trump child rights. The basic rights to education, health, and child welfare of these children needs to be protected to the same extent, and as much as possible, as children who are nationals of the host country. The second attribute preserves the rights of refugee children not only under the Convention but under all other international human right treaties and humanitarian instruments binding on the relevant States Party. These may include, for many governments, the 1951 Refugee Convention, the Convention on the Reduction of Statelessness, the Geneva Conventions and the Hague Convention for the Protection of Minors, 1961, among others. A third attribute of Article 22 insists upon the duty to protect and assist refugee children. This entails a clear duty to provide children with appropriate due process rights throughout their asylum and refugee claims procedures, including the child’s right to be heard and participate in all the processes determining the child’s residence or immigration status, border admission, deportation, repatriation, detention, alternative measures, or placement, including best interest determination processes. The fourth and final attribute of Article 22 asserts that two basic principles should guide each activity with the refugee child: the best interests of the child and the principle of family unity.

scholarly journals Inclusive Education for Refugee Children With Disabilities in Berlin—The Decisive Role of Parental Support

2020 ◽  
Vol 5 ◽  
Author(s):  
Felix Steigmann
Keyword(s):  
Inclusive Education ◽  
Parental Support ◽  
Children With Disabilities ◽  
Decisive Role ◽  
Theory And Practice ◽  
Refugee Children ◽  
Structural Level ◽  
Human Right ◽  
Persons With Disabilities ◽  
The Right

Inclusive education for persons with disabilities, although an internationally recognized human right, is far from being fully and adequately implemented. Since this crucial human right does not only apply to citizens, the lack of implementation holds true for refugees, too. Therefore, the present research elaborates on the extent to which the right to inclusive education is ensured for refugee children with disabilities in Berlin as well as on the obstacles and challenges with regard to access to this right. The theoretical basis of this research is formed by an outline and discussion of the manifold legal frameworks on different relevant levels of law and is contextualized by pertinent key concepts. Shedding light on the discrepancy between theory and practice, problem-centered expert interviews with six social workers in Berlin were conducted. These interviews were evaluated and analyzed according to the so-called Grounded Theory. It will be shown that apart from structural shortcomings and resource shortages, the parents' capacity is one of the decisive aspects on which the prospects of inclusive schooling depend on. Within this context, the research focuses on the parent's capacity in terms of, inter alia, knowledge about the education and support system and their personal conditions in either facilitating or constraining their children's access to inclusive education as well as on the importance of social worker's support and consultation measures which aim at strengthening the parent's capacity. Interestingly, this approach shifts away the focus from accusations on a structural level of policymaking to suggestions of improving low-threshold support systems.

scholarly journals PARENTAL ALIENATION WITHIN THE CONTEXT OF THE 1980 HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION: THE BRAZILIAN PERSPECTIVE

2018 ◽  
Vol 2 (2) ◽  
pp. 167-192
Author(s):  
Bruno Rodrigues de Almeida ◽  
Gisela Vieira Dalfeor Vidal
Keyword(s):  
Emotional Abuse ◽  
Hague Convention ◽  
Fundamental Rights ◽  
Habitual Residence ◽  
Federal Law ◽  
Best Interest ◽  
Parental Alienation ◽  
Child Abduction ◽  
International Child ◽  
The Right

The number of cases of relocation of children and adolescents to Brazil has increased significantly in the last years. One must consider that abducting or wrongfully retaining children from the places of their habitual residence prevents them from enjoying fundamental rights such as those to historical, social and cultural identities and even the right enjoy full family life with both sides of their families. This article shows that unilateral relocation of children to Brazil (as well their wrongful retention in Brazilian territory)  in violation  of the 1980 Hague Convention on the Civil Aspects of International Child Abduction, is actually one form of Parental Alienation practiced in cross border circumstances, pursuant to Federal Law nº 12.318, from August 26, 2010 (Brazilian Parental Alienation Act). On that sense, Brazilian administrative and judicial authorities must not only engender public policies and strategies to enhance acknowledgement about rules of the Convention among Brazilian communities living abroad, they must also encourage extrajudicial agreements between interested parties to increase the rates of voluntary return of abducted or retained children. In cases brought to courts, since Parental Alienation is a form of emotional abuse of the child, magistrates must count on the opinion of interdisciplinary advisors before considering opinion of the abducted children in the ruling of the return order. In sum, the search for international cooperation with other Contracting States of the 1980 Hague Convention and the respect of the best interest of the child must be in permanent harmony. 

scholarly journals Investigative and the Rule of Law: A Cameroonian and Ukrainian Criminal Proceedings Law Understanding

2021 ◽  
Vol 9 (3) ◽  
pp. 517-538
Author(s):  
Nana Charles Nguindip ◽  
Leonid Volodymyrovych Mohilevskyi ◽  
Ablamskyi Serhii Yevhenovych ◽  
Tetiana Kuzubova
Keyword(s):  
Rule Of Law ◽  
Criminal Law ◽  
Due Process ◽  
Criminal Proceedings ◽  
Human Right ◽  
Criminal Process ◽  
The Rule Of Law ◽  
Crime Commission ◽  
The Law ◽  
The Right

There is no instance in a given society that can successfully opeate and function without respecting existing standards and principles set in place in ensuring the respect of fundamental human right and dignity. The notion and acceptable rule is that, Crime commission is an unavoidable singularity in any given and documented society functioning under the umbrella of established rules and regulations. Cameroon and Ukraine has engaged huge steps in establishing credible laws, all in the preservation and protection of fundamental human right of those presumed of crime commission. This article articulates and establishes that,the only way the rule of law can be respected during the investigative stage, will only when those responsible for investigation respects the due process of the law in the course of its investigation so that their act should not contravene the right of the suspect or accused in question. It provides that when issues of investigation are carried out by Ukraine and Cameroon police, gross violations of the criminal process are always experienced, and this greatly affects the objective of criminal law being that of protecting the right and dignity of everyone irrespective of the status quo acquired during the criminal proceedings.the results of this gross violation of the accuesed rights and status during the investigative stage will affect the rationale and objective of the criminal law system which is to ensure that all criminal process should respect human standard and dignity. The reason for this is that, during the investigative process and procedure, the law enforcement ofiicers must be able in detaching their various duties assigned with due diligent and respect of the various criminal standards of investigation. To ensure that this is done, there is that need of those enforcing the jucial process and trial should that all evidences, searches, seizures, recording done by the investigative police officials should be done in accordance of the free will of the presumed criminal.

International Fair Trial Guarantees

2014 ◽  
Author(s):  
David Weissbrodt
Keyword(s):  
United States ◽  
Armed Conflict ◽  
Due Process ◽  
The United States ◽  
Fair Trial ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Right ◽  
Military Commissions ◽  
The Right

As a fundamental human right, the right to a fair trial ensures that no one is deprived of liberty without due process of law. The scope and meaning of fair trial guarantees, especially during periods of armed conflict, has become controversial in light of the United States’ use of military commissions for the trial of ‘unprivileged enemy belligerents’. This chapter explores fair trial guarantees as articulated in international humanitarian law (IHL) and international human rights law (IHRL). It first provides an overview of the principal treaty provisions that guarantee the right to a fair trial during armed conflict before turning to the concept of a ‘regularly constituted court’ as a vital element in fair trial guarantees. It then considers derogation from fair trial guarantees under IHL and IHRL, as well as the universal application of fair trial rights. Finally, it discusses how the normative standards of the fair trial guarantees apply in the practice of military commissions established by the United States in the context of the ‘War on Terror.’

scholarly journals PARENTAL ALIENATION WITHIN THE CONTEXT OF THE 1980 HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION: THE BRAZILIAN PERSPECTIVE

2018 ◽  
Vol 2 (2) ◽  
pp. 167-192
Author(s):  
Bruno Rodrigues de Almeida ◽  
Gisela Vieira Dalfeor Vidal
Keyword(s):  
Emotional Abuse ◽  
Hague Convention ◽  
Fundamental Rights ◽  
Habitual Residence ◽  
Federal Law ◽  
Best Interest ◽  
Parental Alienation ◽  
Child Abduction ◽  
International Child ◽  
The Right

The number of cases of relocation of children and adolescents to Brazil has increased significantly in the last years. One must consider that abducting or wrongfully retaining children from the places of their habitual residence prevents them from enjoying fundamental rights such as those to historical, social and cultural identities and even the right enjoy full family life with both sides of their families. This article shows that unilateral relocation of children to Brazil (as well their wrongful retention in Brazilian territory)  in violation  of the 1980 Hague Convention on the Civil Aspects of International Child Abduction, is actually one form of Parental Alienation practiced in cross border circumstances, pursuant to Federal Law nº 12.318, from August 26, 2010 (Brazilian Parental Alienation Act). On that sense, Brazilian administrative and judicial authorities must not only engender public policies and strategies to enhance acknowledgement about rules of the Convention among Brazilian communities living abroad, they must also encourage extrajudicial agreements between interested parties to increase the rates of voluntary return of abducted or retained children. In cases brought to courts, since Parental Alienation is a form of emotional abuse of the child, magistrates must count on the opinion of interdisciplinary advisors before considering opinion of the abducted children in the ruling of the return order. In sum, the search for international cooperation with other Contracting States of the 1980 Hague Convention and the respect of the best interest of the child must be in permanent harmony. 

scholarly journals Legal regulation of international adoption in Lithuania and Portugal

2021 ◽  
Vol 1 (17) ◽  
pp. 33-46
Author(s):  
Perkumienė Dalia ◽  
Olegas Beriozovas ◽  
Maria João Escudeiro
Keyword(s):  
International Adoption ◽  
Hague Convention ◽  
Research Problem ◽  
Legal Regulation ◽  
Adoptive Parents ◽  
Best Interest ◽  
Legal Concept ◽  
New Family ◽  
Rights Of The Child ◽  
The Right

Research problem and degree of the research. Protecting the rights of the child is one of the most important issues today, both nationally and internationally. The situation is particularly complicated when it comes to international adoption. The adoption institute transcends all cultures and has long since existed, having played different functions over time. This institute has come to reflect social changes relating to how society faces a child’s needs, the way of exercising parental responsibilities and the needs of birth parents and adoptive parents. This is a subject increasingly relevant within the phenomenon of globalization and the urgency given to children and their rights in contemporary society. This is a subject for today and for the future. The adoptive child, due to his or her subjective characteristics, is unable to exercise his or her rights properly. This obligation must be exercised by the child’s parents or the State and its authorities. Although the Constitution of the Republic of Lithuania guarantees that every child has the right to grow up in a family, many children do not have a family and are forced to grow up in foster care. In this situation, an adoption institute emerges, which, at least from dallies, gives the child a chance to live in a family. In Portugal, the strong connection between the principle of the child´s best interest, major principle of family law, deeply influences the entire legal institute and, specially, the matter of international adoption. The placing of children in a foreign family is a subsidiary option, in great deal due to the difficulties that they will find from the moment they exit their country of origin. Difficulties such as differences in culture, language, religion, habits, among others that may result in children´s cultural uprooting and affect their cultural identity, beyond the cut with their biological family, implied in any adoption. Subject of the article:  protection of the rights of the child and problems in cross-border adoption.  Aim of the work: to analyse whether the rights of the child in the case of international adoption are violated.  Research methods: teleological, historical, comparative analysis of legislation, generalization, analysis, and synthesis of scientific literature, descriptive, comparative, analytical methods. The right of the child to grow up in a family is enshrined in the basic international instruments. It is in the family that the life and socialization of each child begins. It creates an atmosphere for the child to grow, develop and explore the world. The child should grow as much as possible to feel the love, care, and responsibility of his parents. Adoption is a significant process in many states. The main international instrument governing adoption is the Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption. States, in accordance with both their national and international legislation on adoption, seek to enable the child to grow up in a new family, while ensuring that such adoption best protects the rights and interests of the child. In Portugal, the child’s best interest is a fundamental concept in this matter, for a true concept of individual rights is one in which the child is considered a subject of rights, and not object of them. This principle is the guiding principle for the exercise of private responsibilities in relation to children, as well as public ones, and should be considered both in state and judicial decisions and actions. The child’s best interest is an indeterminate legal concept, varying with the customs of each society, taking into evolutionary and dynamic nature, and depending on case-by-case evaluation. This continues to be a divisive issue in Portugal and Law No. 2/2016, of 29 February eliminates discrimination against persons of the same sex who live in a de facto union or are married, in access to adoption, civil sponsorship and other family legal relationships, making all the legal changes. Key words: child, adoption, child’s right to grow up in a family, international adoption.

scholarly journals PARENTAL ALIENATION WITHIN THE CONTEXT OF THE 1980 HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION: THE BRAZILIAN PERSPECTIVE

2018 ◽  
Vol 2 (2) ◽  
pp. 167-192
Author(s):  
Bruno Rodrigues de Almeida ◽  
Gisela Vieira Dalfeor Vidal
Keyword(s):  
Emotional Abuse ◽  
Hague Convention ◽  
Fundamental Rights ◽  
Habitual Residence ◽  
Federal Law ◽  
Best Interest ◽  
Parental Alienation ◽  
Child Abduction ◽  
International Child ◽  
The Right

The number of cases of relocation of children and adolescents to Brazil has increased significantly in the last years. One must consider that abducting or wrongfully retaining children from the places of their habitual residence prevents them from enjoying fundamental rights such as those to historical, social and cultural identities and even the right enjoy full family life with both sides of their families. This article shows that unilateral relocation of children to Brazil (as well their wrongful retention in Brazilian territory)  in violation  of the 1980 Hague Convention on the Civil Aspects of International Child Abduction, is actually one form of Parental Alienation practiced in cross border circumstances, pursuant to Federal Law nº 12.318, from August 26, 2010 (Brazilian Parental Alienation Act). On that sense, Brazilian administrative and judicial authorities must not only engender public policies and strategies to enhance acknowledgement about rules of the Convention among Brazilian communities living abroad, they must also encourage extrajudicial agreements between interested parties to increase the rates of voluntary return of abducted or retained children. In cases brought to courts, since Parental Alienation is a form of emotional abuse of the child, magistrates must count on the opinion of interdisciplinary advisors before considering opinion of the abducted children in the ruling of the return order. In sum, the search for international cooperation with other Contracting States of the 1980 Hague Convention and the respect of the best interest of the child must be in permanent harmony. 

scholarly journals PARENTAL ALIENATION WITHIN THE CONTEXT OF THE 1980 HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION: THE BRAZILIAN PERSPECTIVE

2014 ◽  
Vol 2 (2) ◽  
pp. 167-192
Author(s):  
Bruno Rodrigues de Almeida ◽  
Gisela Vieira Dalfeor Vidal
Keyword(s):  
Emotional Abuse ◽  
Hague Convention ◽  
Fundamental Rights ◽  
Habitual Residence ◽  
Federal Law ◽  
Best Interest ◽  
Parental Alienation ◽  
Child Abduction ◽  
International Child ◽  
The Right

The number of cases of relocation of children and adolescents to Brazil has increased significantly in the last years. One must consider that abducting or wrongfully retaining children from the places of their habitual residence prevents them from enjoying fundamental rights such as those to historical, social and cultural identities and even the right enjoy full family life with both sides of their families. This article shows that unilateral relocation of children to Brazil (as well their wrongful retention in Brazilian territory)  in violation  of the 1980 Hague Convention on the Civil Aspects of International Child Abduction, is actually one form of Parental Alienation practiced in cross border circumstances, pursuant to Federal Law nº 12.318, from August 26, 2010 (Brazilian Parental Alienation Act). On that sense, Brazilian administrative and judicial authorities must not only engender public policies and strategies to enhance acknowledgement about rules of the Convention among Brazilian communities living abroad, they must also encourage extrajudicial agreements between interested parties to increase the rates of voluntary return of abducted or retained children. In cases brought to courts, since Parental Alienation is a form of emotional abuse of the child, magistrates must count on the opinion of interdisciplinary advisors before considering opinion of the abducted children in the ruling of the return order. In sum, the search for international cooperation with other Contracting States of the 1980 Hague Convention and the respect of the best interest of the child must be in permanent harmony. 

The right to life: A comparative analysis of the relevant norms of the Constitutions of the Republic of Azerbaijan and Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 28-32
Keyword(s):  
Comparative Analysis ◽  
Death Penalty ◽  
Russian Federation ◽  
Practical Implementation ◽  
Right To Life ◽  
Human Right ◽  
The Russian Federation ◽  
The Republic ◽  
The Right ◽  
Criminal Legislation

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.

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