scholarly journals In the Best Interest of the Child: the Norwegian Approach to Child Protection

2021 ◽  
Author(s):  
Annika Melinder ◽  
Malin Albrechtsen van der Hagen ◽  
Kirsten Sandberg
Keyword(s):  
Human Rights ◽  
Attachment Theory ◽  
Child Protection ◽  
Recent Criticism ◽  
Best Interest ◽  
Legal Subject ◽  
Rights Of The Child ◽  
European Court ◽  
Vulnerable Families ◽  
Protective System

AbstractIn the present paper, we discuss three challenges with the Norwegian Child Protective System (CPS) that might have contributed to the recent criticism from the European Court of Human Rights (ECtHR). First, how to balance the rights of the child with those of the parents. Second, the psychological field’s influence on the interpretation of what constitutes the best interest of the child, and third we describe several missing links in the CPS work. Throughout the paper, we find indications of a well-developed Act, but a less optional CPS practice. Likewise, we find evidence for a narrow interpretation of the best interest of the child related to CPS and expert psychologists’ application of attachment theory, and several organizational and educational shortcomings in the area of CPS. We conclude that the child is not fully seen as a legal subject in the eyes of the ECtHR, and that more research into CPS measures and organization are needed to better deliver adequate assistance to vulnerable families.

scholarly journals Characteristics of an Effective Child Protection System in the European and International Contexts

2021 ◽  
Author(s):  
Mariëlle R. Bruning ◽  
Jaap E. Doek
Keyword(s):  
Human Rights ◽  
Child Protection ◽  
Protection System ◽  
European Convention ◽  
The European Union ◽  
Rights Of The Child ◽  
European Court ◽  
Core Elements ◽  
Protection Of Human Rights ◽  
Main Components

AbstractIn the European context, an understanding that States are responsible for an effective child protection system is well established. Further, all 47 members of the CoE have adopted the European Convention for the Protection of Human Rights and Fundamental Freedoms, and all European countries have ratified the UN Convention on the Rights of the Child (CRC). Thus, States have come to understand their responsibility in terms of the child’s right to protection. The aim of this article is to explicate core elements of an effective child protection system within a child’s rights framework. This aim is accomplished by highlighting and providing analysis of the principles set forth in the CRC and further elaborated in General Comment No. 13 (2011) and by the UN Children’s Fund (UNICEF), the main components of policies and other relevant documents of the European Union (EU) and the Council of Europe (CoE), and caselaw from the European Court of Human Rights (ECrtHR) and then presenting recommendations for an effective State-run child protection system.

The Child’s Right to Family

2020 ◽  
pp. 236-256
Author(s):  
Barbara Bennett Woodhouse
Keyword(s):  
Human Rights ◽  
Family Relationships ◽  
Child Protection ◽  
Children's Rights ◽  
Family Reunification ◽  
Children’S Rights ◽  
Family Identity ◽  
Rights Of The Child ◽  
European Court ◽  
Birth Records

This chapter discusses the role played by human rights charters, such as the UN Convention on the Rights of the Child, the European Charter of Human Rights, and the African Charter on the Rights and Welfare of the Child, in establishing that children are not mere property of their parents but persons with their own independent rights to protection of family relationships and family identity. The chapter identifies specific provisions in these charters relevant to children’s family rights. It then examines various decisions of the European Court of Human Rights that address claims of violations of children’s rights to family in contexts including adoption, child protection, family reunification, access to birth records, and immigration, and that define appropriate remedies. The chapter closes by highlighting the growing threat to children’s rights to know and be cared for by their families posed by the populist backlash in wealthier nations against migrants fleeing war, violence, and poverty.

The Best Interests of the Child

2020 ◽  
pp. 203-221
Author(s):  
Wouter Vandenhole ◽  
Gamze Erdem Türkelli
Keyword(s):  
Human Rights ◽  
Family Law ◽  
Children's Rights ◽  
Case Law ◽  
Children’S Rights ◽  
Best Interests ◽  
Rights Of The Child ◽  
European Court ◽  
Elusive Concept

The best interests of the child principle is considered a pillar of children’s rights law and, according to the UN Convention on the Rights of the Child (CRC), is to be a primary consideration in all actions concerning children. Yet best interests is an elusive concept and principle that has no single authoritative definition or description. Internationally and domestically relevant in such diverse areas as family law, adoption, migration, and socioeconomic policymaking, the best interests principle requires flexibility and is best served by a case-by-case approach, as has been recognized by the UN Committee on the Rights of the Child and the European Court of Human Rights. This chapter analyzes relevant international case law and suggests the use of a number of safeguards to prevent such requisite flexibility from presenting a danger of paternalism, bias, or misuse.

The Holy See and Children’s Rights: International Human Rights Law and Its Ghosts

2015 ◽  
Vol 84 (1) ◽  
pp. 59-88
Author(s):  
Ntina Tzouvala
Keyword(s):  
Human Rights ◽  
Child Abuse ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Legal Subject ◽  
Holy See ◽  
Rights Of The Child ◽  
Vatican City ◽  
International Human

The revelation of a series of child abuse incidents committed by Catholic priests and other members of religious orders has given rise to the question of establishing the responsibility of the Holy See for these acts under international human rights law. This article focuses on the report issued in 2014 by the Committee on the Rights of the Child, the monitoring body of the Convention of the Rights of the Child (crc). It is argued that in order to fulfil this task we need to take three steps: first, to establish the relationship between the Vatican City state and the Hole See, a distinct and peculiar international legal subject. To do so, a historical account of the Holy See and its position within the fabric of international law is considered necessary. Secondly, this article argues that the crc was ratified by the Holy See both in its capacity as the government of the Vatican City and as a non-territorial legal subject. Hence, the application of the crc is not confined within the limited territory of the Vatican City, but ‘follows’ the authority of the Holy See irrespective of state borders. Thirdly, it is argued that the vertical, hierarchical structure of the Holy See is homologous to that of the modern state and, therefore, attribution rules can be applied by analogy in this case. The final conclusion is that it is possible to hold the Holy See responsible under the crc for acts of child abuse that occurred under its authority around the globe.

Children’s human rights and diversity in schools: Framing and measuring

2018 ◽  
Vol 13 (2) ◽  
pp. 276-298 ◽  
Author(s):  
Audrey Osler ◽  
Trond Solhaug
Keyword(s):  
Human Rights ◽  
Child Protection ◽  
Measurement Instrument ◽  
Implementation Strategies ◽  
United Nation Convention ◽  
Child Rights ◽  
School Settings ◽  
Rights Of The Child ◽  
Human Rights Standards ◽  
United Nation

We report on the development of an instrument to measure attitudes to children’s human rights and diversity in schools. It was developed to investigate perceptions of human rights and diversity among students and then teachers in two contrasting areas of Norway. The instrument draws on human rights standards articulated in the United Nations Convention on the Rights of the Child. It is intended for use in future baseline studies, allowing for transnational and comparative analysis of child rights in education. The near-universal ratification of the United Nation Convention on the Rights of the Child provides an agreed international framework for evaluating rights implementation strategies over time. We contextualise the measurement instrument, focusing on rights provision, child protection, and participation in schools. We consider its strengths and possible limitations and discuss the need for a sound human rights conceptual model through which child rights in school settings can be interpreted.

scholarly journals Anonymous birth versus child's right to identity

Pravni zapisi ◽  
2021 ◽  
Vol 12 (2) ◽  
pp. 443-463
Author(s):  
Tamara Mladenović
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Biological Origin ◽  
Child Rights ◽  
Rights Of The Child ◽  
Anonymous Birth ◽  
European Court ◽  
National Legal System ◽  
Conflicting Interests ◽  
The Right

The right to identity of the child, internationally recognized by the UN Convention on the Rights of the Child, is one of the most important in the corpus of child rights. Its structure is complex since it includes several narrower rights. Nevertheless, the situations where it comes to restriction of the right to identity are not negligible. One of them is the right to anonymous birth, the possibility acknowledged by legislators in a certain number of European countries. Conflicting interests between a mother and a child are inevitable consequence of the anonymous birth. The aim of this article is to compare the right to identity of a child and the mother's right to anonymous birth as insurmountable barrier in determining biological origin. Special attention is paid to the possibility of establishing an adequate balance between their interests, by comparing the importance that national legal system offers to each of them, with appropriate arguments, several different models of motherhood regulations are presented and can be found in European legislations. The analysis also includes the stances of international bodies, especially the European Court of Human Rights.

scholarly journals KEDUDUKAN KOMISI PERLINDUNGAN ANAK INDONESIA SEBAGAI STATE AUXILIARY BODIES DALAM SISTEM HUKUM KETATANEGARAAN INDONESIA

2017 ◽  
Vol 32 (2) ◽  
Author(s):  
Laurensius Arliman S
Keyword(s):  
Human Rights ◽  
Child Protection ◽  
System State ◽  
State Institute ◽  
Independent State ◽  
State Institutions ◽  
Rights Of The Child ◽  
State Administration ◽  
Presidential Decree ◽  
Protection Of Human Rights

ABSTRACTChildren as the nation’s next generation must be respected fulfllment of his rights. We must know that the protection of rights, are part of human rights. Since Indonesia ratifed the Convention on the Rights of the Child (CRC), Indonesia has adopted a child protection in his administration. In 2002 afer Indonesia established the Child Protection Act, it gives birth to the Independent State Institute named Indonesian Child ProtectionCommission (KPAI). KPAI have the same status as other independent state institutions, established through the Act, the Presidential Decree, the Regulation President or the TAP MPR, and can move in the feld of judicial, executive and legislative. KPAI as an auxiliary state institutions in the feld of children’s rights enforcement has been to provide services according to the needs of protection of human rights and amandat in accordance with the Constitution, the Convention on the Rights of the Child (CRC) andthe Law on Child Protection. Efforts could be done by KPAI to realize sustainable child protection are: 1) Control, 2) Prevention, 3) Service and 4) Awareness.Keywords: KPAI; State Auxialiary Bodies; Legal System; State Administration; Indonesia.INTISARIAnak sebagai generasi penerus bangsa harus harus dijunjung tinggi pemenuhan hak nya.Kita harus tahu bahwa perlindungan hak, merupakan bagian dari hak asasi manusia.Sejak Indonesia meratifkasi Kovensi Hak Anak (KHA) maka Indonesia telah mengadopsi perlindungan anak dalam pemerintahannya. Pada tahun 2002 setelah Indonesia membentuk Undang-Undang Perlindungan Anak, maka lahirlah Lembaga Negara Independen yang bernama Komisi Perlindungan Anak Indonesia (KPAI). KPAI memiliki kedudukan yang sama dengan lembaga negara independen lainnya, yang dibentuk melalui Undang-undang, Keputusan Presiden, Peraturan Presiden ataupun berdasarakan Ketetapan Majelis Permusyawaratan Rakyat, dan bisa bergerak di dalam bidang yudikatif, eksekutif, dan legislatif. KPAI sebagai lembaga negara bantu di dalam bidang penegakan hak asasi anak sudah memberikan pelayanan sesuai dengan kebutuhan perlindungan hak asasi manusia dan sesuai dengan amandat Konstitusi, Konvensi Hak Anak (KHA) dan Undang-Undang Perlindungan Anak. Upaya yang bisa dilakukan oleh KPAI untuk mewujudkan perlindungan anak yang berkelanjutan adalah: 1) Pengawasan, 2) Pencegahan, 3) Pelayanan dan 4) Penyadaran.Kata Kunci: KPAI; Lembaga Negara Independen; Sistem Hukum; Ketatanegaraan; Indonesia.

scholarly journals International adoption: lex adoptio and the plurality of connecting factors

2021 ◽  
pp. 10-21
Author(s):  
Kseniya Olegovna Trinchenko
Keyword(s):  
Human Rights ◽  
International Adoption ◽  
Single Case ◽  
Hague Convention ◽  
Best Interests ◽  
Intercountry Adoption ◽  
Conflict Of Laws ◽  
Rights Of The Child ◽  
European Court ◽  
Substantive Law

This article analyzes the substantive law and conflict of laws law of such countries as Austria, Venezuela, Germany, Dominican Republic, Iceland, Spain, Canada (Quebec), Norway, Poland, Portugal, Switzerland, as well as bilateral agreements on legal aid, case law of the European Court of Human Rights, which demonstrates the presence general principles of law, as well as the principle of protecting the weaker party to the legal relationship, the principle of observance of best interests of a child established by the universal multilateral international agreements: Convention on Human Rights of 1950, Convention on the Rights of the Child of 1989, Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. The author examines the relevant issues of the conflict of laws regarding the manifestation of the conflict of jurisdictions, plurality of connecting factors in regulation of a set of private law relations associated with international adoption. The result of the conducted research consists in formulation of a special statute of adoption (lex adoptio), analysis of its legal nature and scope. In the context of examination of the procedure for establishing international adoption, the author identifies the problem of dépeçage (different issues within a single case are governed by the laws of different jurisdictions). A classification is provided to the combinations of plurality of connecting factors established by the legislation of foreign countries, as well as multilateral international agreement – the Inter-American Convention on Conflict of Laws Concerning the Adoption of Minors of 1984).

scholarly journals THE REALIZATION OF LEGISTATIVE MEASURE OF THE RIGHTS OF THE CHILD POST-SECOND AMANDEMENT OF THE CONSTITUTION

2018 ◽  
Vol 7 (1) ◽  
pp. 41
Author(s):  
M Nur Rasyid
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Child Protection ◽  
Justice System ◽  
Government Regulation ◽  
Second Amendment ◽  
Rights Of The Child ◽  
Library Research ◽  
The Government ◽  
Legislative Measures

<p class="Authors"><em>The government has obligation to protect the rights of the child. In the second amendment of Indonesian Constitution of 1945 in 2000 it was added one chapter, namely Chapter XA on human rights. The rights of the child is incorporated in the Article 28B that stipulated every child entitles to life, growth, develop and to get protection from violence and discrimination.</em></p><p class="Authors"><em>The problem is how the legislative measure of the rights of the child as the implementation of Article 28B. The data were obtained through library research consist of acts related to protection and judiciary of the rights of the child and the related conventions.</em></p><em>The result of the research shows that the government has undertaken legislative measures by making act on child protection, Act Number 23 of 2002 on child protection that has been revised as Act Number 35 of 2014, and the second revision by Act Number 17 of 2016  following the Government Regulation substituted  Act Number 1 of 2016. Act Number 3 of 1997 has been revised on Child Judiciary become Act Number 11 of 2012 on Child Criminal Justice System. It needs synchronization of various related regulations and capacity building for the institutions of child protection.</em>

Sign in / Sign up

Export Citation Format

Share Document