International Children’s Rights Law: Child and the Family

2018 ◽  
pp. 1-26 ◽  
Author(s):  
Olga A. Khazova
Keyword(s):  
Children's Rights ◽  
Children’S Rights ◽  
The Family

scholarly journals PROFESSIONAL EXPERIENCES OF ON-CALL SPECIALISTS IN THE FIELD OF VIOLATIONS OF CHILDREN’S RIGHTS

2020 ◽  
Vol 1 (10) ◽  
pp. 46
Author(s):  
Daiva Malinauskiene ◽  
Aistė Igorytė
Keyword(s):  
Qualitative Research ◽  
Children's Rights ◽  
Protection System ◽  
Children’S Rights ◽  
Daily Activities ◽  
Child Rights ◽  
Violence Against Children ◽  
Professional Experiences ◽  
Rights Protection ◽  
The Family

<p>The article analyses the content of the activity of child rights protection on-call specialists, their experiences related to the representation of the child and his/her interests. In Lithuania, this position is new and it emerged after the reform of the child rights protection system, which was caused by the increase in cases of violence against children, which resulted in their death several times. The activity of on-call specialists is focused on making quick decisions in response to reports of violations of children’s rights in the family and society.</p><p>Qualitative research revealed the experience of on-call specialists in relation to the assessments of violations of children’s rights in daily activities and the reactions of parents/ guardians to the assistance provided by on-call specialists.</p>

scholarly journals Family Support as a right of the child

2020 ◽  
Vol 21 (2) ◽  
pp. 8-26 ◽  
Author(s):  
Patrick Dolan ◽  
Nevenca Zegarac ◽  
Jelena Arsic
Keyword(s):  
Family Support ◽  
Family Environment ◽  
Well Being ◽  
Children's Rights ◽  
Theory And Practice ◽  
Children’S Rights ◽  
Legal Standards ◽  
Rights Of The Child ◽  
The Family ◽  
The Relationship

This paper considers Family Support as a fundamental right of the child. It examines the relationship between the well-being of the child as the core concept of contemporary legal and welfare systems and family as a vital institution in society for the protection, development and ensuring the overall well-being of the child. Considering the fact that international legal standards recognise that children’s rights are best met in the family environment, the paper analyses what kind of support is being provided to families by the modern societies in the exercising of children’s rights and with what rhetoric and outcomes. Family Support is also considered as a specific, theoretically grounded and empirically tested practical approach to exercising and protecting the rights of the child. Finally, international legal standards are observed in the context of contemporary theory and practice of Family Support, while the conclusion provides the implications of such an approach.

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 PEMENUHAN HAK NAFKAH SEBAGAI SALAH SATU POLA TERHADAP PERLINDUNGAN ANAK: ANALISIS PEMIKIRAN A. HAMID SARONG

2017 ◽  
Vol 2 (1) ◽  
Author(s):  
Heti
Keyword(s):  
Islamic Law ◽  
Children's Rights ◽  
Children’S Rights ◽  
The Family ◽  
Family Living ◽  
The Right

Parents are the first party responsible for protecting and fulfilling children's rights. When children are born, they are entitled to the rights to parents and parents also have responsibilities for them. Among the rights of children that must be fulfilled by parents are the rights of the living. Concerning the family living, Hamid Sarong said that fathers are obliged to provide a living for their children if they need it. Similarly, children are required to provide for their parents when they need it. If the father is poor or has insufficient income, they are still obliged to provide for his children. If the mother has sufficient earning, she can be instructed to provide a living for the children who are the responsibility of their father, but she can ask for reimbursement later. If the mother is also poor, then the grandfather (from father) is responsible for providing the livelihood for the children, and he has the right to ask the father to pay back the income given to his grandchildren. If the father died, then the responsibility for the children's living is transferred to the grandfather, a substitute for the father if he is absent or passed away. Hamid Sarong's opinion is in line with the provisions applied in Islamic law and the in Indonesian law. However, Indonesia legislation has not established the issue related to the re-payment or reimbursement of the living that cannot be fulfilled by the father. Abstrak: Orang tua merupakan pihak pertama yang bertanggung jawab terhadap perlindungan dan pemenuhan hak-hak anak. Hak anak pada orang tua dimulai sejak anaknya dilahirkan dan menghirup udara kehidupan. Sejak itu pula timbul tanggung jawab orang tua terhadap anak-anaknya. Diantara hak-hak anak yang harus dipenuhi oleh orang tua adalah hak nafkah. Tentang nafkah keluarga, Hamid Sarong mengatakan bahwa ayah berkewajiban mencukupkan nafkah anak-anaknya apabila mereka memerlukan, demikian pula anak berkewajiban mencukupkan nafkah ibu bapaknya apabila mereka memerlukan. Apabila ayah dalam keadaan fakir atau penghasilannya tidak mencukupi, kewajiban memberi nafkah kepada anak-anaknya itu tetap ada, tidak menjadi gugur, dan apabila ibu anak-anak berkecukupan dapat diperintahkan mencukupkan nafkah anak-anaknya yang menjadi kewajiban ayah mereka itu, tetapi dapat ditagih untuk mengembalikannya. Apabila ibu fakir juga, maka nafkah anak dimintakan kepada kakek (bapak ayah), dan pada saatnya kakek berhak minta ganti nafkah yang diberikan kepada cucunya itu kepada ayah. Apabila ayah tidak ada lagi, maka nafkah itu dibebankan kepada kakek, sebab kakek berkedudukan sebagai pengganti ayah dalam hal ayah tidak ada lagi. Pendapat Hamid Sarong ini sesuai dengan ketentuan yang berlaku di dalam hukum Islam dan Undang-Undang yang berlaku di Indonesia. Namun tentang nafkah yang tidak mampu ditunaikan oleh ayah bisa ditagih untuk dikembalikan, perundang-undangan yang di Indonesia belum mengatur sejauh itu. Kata Kunci: Kewajiban Orang Tua, Hak Nafkah, Perlindungan Anak

scholarly journals Fulfillment of Children's Rights During in the Prison

2018 ◽  
Vol 3 (2) ◽  
pp. 1-14
Author(s):  
Nyi R. Irmayani
Keyword(s):  
Children's Rights ◽  
Children’S Rights ◽  
Correctional Institution ◽  
Case Study Approach ◽  
Legal Process ◽  
Psychological Conditions ◽  
Study Approach ◽  
The Family ◽  
Care Assistance

The fulfillment of children's rights in the family and community affects children's growth and development. However, children can be trapped in actions that harm others or contrary to existing norms. The child under these conditions will face the law and must follow the legal process. During the child undergoes the legal process is detained along with the adult prisoners but in separate cell. This study aims to determine the physical and psychological conditions, the fulfillment of children's rights, and facilitating to the child while in prison. Qualitative research method with case study approach will answer the purpose. The results showed that children who are waiting for the trial process between the ages of 13 to 17 years are placed in one cell as many as 5 children with the condition of the cells of concern. While in the prison less fulfills the rights of children such as health, education, protection or health care. Assistance to such children is only done by the correctional social work of the Correctional Institution.

scholarly journals Institutional development of child care in armenia: structural-organizational, or value-systemic approach?

2021 ◽  
Vol 12 (2 (34)) ◽  
pp. 34-45
Author(s):  
Mira Antonyan
Keyword(s):  
Family Environment ◽  
Social Issues ◽  
Family Care ◽  
Institutional Development ◽  
Children's Rights ◽  
Children’S Rights ◽  
The Family ◽  
The Subject ◽  
Changing Practices ◽  
Viable Approach

Discussions on the transformation of social issues, particularly the lack of a viable approach to responding to the shortcomings of family care, from the Soviet era are still relevant thirty years later. In particular, education, care and protection of children in institutions and to accommodate changing practices used in the process of forming a latent attitude system based on children's rights, non-formal resistance discussion interesting to understand what potential they have undertaken an organizational structural transformation of values desired to bring about change. Will these transformations be able to influence the changing practices of helping children in need outside of the family environment something that continues to be the subject of unspoken agreement between the three parent-decision-making parties today, ignoring children's rights and interests?

The Promises and Pitfalls of Constitutionalizing Children’s Rights

2019 ◽  
pp. 870-896
Author(s):  
Conor O’Mahony
Keyword(s):  
Children's Rights ◽  
Children’S Rights ◽  
Constitutional Change ◽  
Family Unit ◽  
Final Version ◽  
The Family

In 2012, the Irish Constitution was amended by the insertion of a new provision focused on children’s rights. This amendment marked the culmination of a twenty-year campaign driven in large part by the opinion that the Constitution overemphasized the rights of parents and the family unit to the detriment of the rights of children. Campaigners hailed the outcome of the referendum as a historic day, but academic opinion has been more cautious about the true impact and potential of the final version. This article examines the lessons of the Irish experience by first exploring the reasons why children’s rights might be constitutionalized. It then examines the background to the Irish amendment, before drawing some conclusions on its impact and on what can be learned from the Irish experience on the value and limitations of constitutional change as a vehicle for advancing children’s rights.

Children's Rights within the Family – a Croatian View

2009 ◽  
Vol 17 (4) ◽  
pp. 561-583
Author(s):  
Dubravka Hrabar
Keyword(s):  
Legal System ◽  
Family Law ◽  
Children's Rights ◽  
Children’S Rights ◽  
Parental Responsibility ◽  
Crucial Point ◽  
Rights Of The Child ◽  
The Family ◽  
Important Field ◽  
The Many

AbstractSince 1998 children's rights are part of the Croatian legal system, due to the ratification of the UN Convention on the Rights of the Child and their incorporation into family law. Changes to family law that have been made since then deal with the modernization of the legal parent-child relation that aims at mutual parental responsibility and separate children's rights. The crucial point in considering the child's legal and social position is his/her welfare as mentioned clearly in the Family Act. Considering the fact that the family is the natural and most desirable environment for a child, it may be stated that family law is the most important field that embraces the many different needs and rights of all children.

scholarly journals Perlindungan Hukum Anak Dalam Keluarga Poligami Ditinjau dari Hukum Islam dan Hukum Positif

2020 ◽  
Vol 8 (02) ◽  
pp. 180
Author(s):  
Warsono Warsono
Keyword(s):  
Islamic Law ◽  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Positive Law ◽  
Children And Parents ◽  
The Family ◽  
Family Harmony ◽  
To Receive ◽  
The Relationship

This study aims to analyze the implementation of legal protection for children in polygamous families in terms of Islamic and positive law in Metro City, the inhibiting factors and efforts to overcome the obstacles that occur in polygamous families in terms of Islamic law and positive law in Metro City. This research is descriptive qualitative. Data collection was done by means of interviews and documentation. Data were analyzed by means of data reduction, data presentation and drawing conclusions. Based on the results of the analysis, the implementation of legal protection for children in a polygamous family in terms of Islamic law and positive, that is, legally positive has not been carried out well, but there is one family that is carried out, this is due to several factors, namely raising and caring for children, meeting all the necessities of life. and maintaining honor, responsibility, guiding and educating, as well as maintaining the health and welfare of children. Meanwhile, from Islamic law, there is something that is well implemented and also unlike the child's right to live, namely, children's rights in the clarity of their lines, children's rights in giving a good name, children's rights to obtain breast milk, children's rights to receive care, children's rights in property ownership. objects, children's rights in obtaining education and teaching. The factors that inhibit the needs of polygamous children, the educational factor of children in polygamous families, the factors of the relationship between children from polygamous families, and the factors of the relationship between children and parents. As well as efforts to overcome obstacles that occur in a polygamous family, namely upholding the husband's leadership in the family, the objectivity and neutrality of the husband, husband's justice, the husband acts wisely, the husband's love, the husband dares to give in for the sake of family harmony, the husband can maintain a balance of rights and obligations.

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