The Right to Protection from Poverty of Children of Divorced Couples

1987 ◽  
Vol 12 (4) ◽  
pp. 11-13
Author(s):  
Richard Ingleby
Keyword(s):  
Family Law ◽  
Child Poverty ◽  
The State ◽  
Legislative Reform ◽  
The Family ◽  
Legislative Activity ◽  
Future Direction ◽  
The Right ◽  
Social Importance ◽  
The Relationship

In this paper I intend to examine ways in which the problem of child poverty might be remedied by legislative reform. The legislative activity taking place at present means that this is a matter of current, as well as social, importance (1). The paper is not intended as an arid academic exercise, but as a contribution to the debate about the future direction of reform in this area. The emphasis of the paper is on the effect of legislative provisions outside the court-room. When more than 90% of divorce disputes are not resolved by judicial adjudication, it is vital to an understanding of the law to examine its out-of-court operation (2). This demands that we consider how the provisions of the Family Law Act are used in negotiations, and the effect of the relationship between parents' rights against each other, and parents' rights against the State. But therefore considering ways in which the interests of children might be protected on divorce, it is necessary to give a brief introduction to the nature of the problem of child poverty and its relationship with matrimonial breakdown.

Family Property Division and the Principle of Judicial Restraint

2018 ◽  
Vol 41 (2) ◽  
Author(s):  
Patrick Parkinson
Keyword(s):  
Property Rights ◽  
Family Law ◽  
The State ◽  
High Court ◽  
Family Courts ◽  
The Past ◽  
The Family ◽  
The Relationship ◽  
Do So

The Family Law Act 1975 (Cth) provides that judges must not alter property rights on the breakdown of the relationship unless satisfied that it is just and equitable to do so. This is the principle of judicial restraint. In the past, and prior to the 2012 decision of the High Court in Stanford v Stanford, this principle was given almost no effect. The High Court sought to correct this approach, insisting that the family courts should not begin from an assumption that a couple’s property rights are or should be different from the state of the legal and equitable title. It also reaffirmed that there is no community of property in Australia. This article considers the significance of the principle of judicial restraint: first, in cases where the property is already jointly owned and, secondly, in cases where the couple have chosen to keep their finances separate.

scholarly journals Personal name

2021 ◽  
Vol 38 (2) ◽  
pp. 1-16
Author(s):  
Nebojša Šarkić ◽  
Dalibor Krstinić ◽  
Katarina Petrović
Keyword(s):  
Social Context ◽  
Personal Identity ◽  
Family Law ◽  
The State ◽  
Human Society ◽  
The Family ◽  
The Individual ◽  
The Right

The right to the personal name represents the most important expression of a personal identity, as well as an absolute subjective right of every individual. Furthermore, the individual is, through the personal name, distinguished in the known and social context, and it is also the means through which the state identifies its subjects. Without the existence of the personal name, the life within a community would be unimaginable, which means that this type of individualization is as old as the very human society. Nevertheless, through time, the means of such an individualization have been changed. Today, in Republic of Serbia, the personal name consists of a surname by which the belonging to a certain family community is expressed, and a name through which he/she is individualized within that community. The question of a personal name in our country is regulated by the Family Law and it is guaranteed by the Constitution. Given the importance of the personal name, the aim of this paper will be to demonstrate the important questions pertaining to the personal name, as well as the Family Law norms, by which it is regulated within the lawful context of Republic of Serbia.

THE VALUE OF LOVE IN THE SYSTEM OF FORMATION OF THE PROFESSIONAL MATURITY OF THE EDUCATOR

2020 ◽  
Vol 1 (10(79)) ◽  
pp. 12-18
Author(s):  
G. Bubyreva
Keyword(s):  
Russian Federation ◽  
The State ◽  
Educational Process ◽  
Wide Range ◽  
The Family ◽  
The Russian Federation ◽  
The Government ◽  
The Individual ◽  
The Right

The existing legislation determines the education as "an integral and focused process of teaching and upbringing, which represents a socially important value and shall be implemented so as to meet the interests of the individual, the family, the society and the state". However, even in this part, the meaning of the notion ‘socially significant benefit is not specified and allows for a wide range of interpretation [2]. Yet the more inconcrete is the answer to the question – "who and how should determine the interests of the individual, the family and even the state?" The national doctrine of education in the Russian Federation, which determined the goals of teaching and upbringing, the ways to attain them by means of the state policy regulating the field of education, the target achievements of the development of the educational system for the period up to 2025, approved by the Decree of the Government of the Russian Federation of October 4, 2000 #751, was abrogated by the Decree of the Government of the Russian Federation of March 29, 2014 #245 [7]. The new doctrine has not been developed so far. The RAE Academician A.B. Khutorsky believes that the absence of the national doctrine of education presents a threat to national security and a violation of the right of citizens to quality education. Accordingly, the teacher has to solve the problem of achieving the harmony of interests of the individual, the family, the society and the government on their own, which, however, judging by the officially published results, is the task that exceeds the abilities of the participants of the educational process.  The particular concern about the results of the patriotic upbringing served as a basis for the legislative initiative of the RF President V. V. Putin, who introduced the project of an amendment to the Law of RF "About Education of the Russian Federation" to the State Duma in 2020, regarding the quality of patriotic upbringing [3]. Patriotism, considered by the President of RF V. V. Putin as the only possible idea to unite the nation is "THE FEELING OF LOVE OF THE MOTHERLAND" and the readiness for every sacrifice and heroic deed for the sake of the interests of your Motherland. However, the practicing educators experience shortfalls in efficient methodologies of patriotic upbringing, which should let them bring up citizens, loving their Motherland more than themselves. The article is dedicated to solution to this problem based on the Value-sense paradigm of upbringing educational dynasty of the Kurbatovs [15].

Effects of Family Coping and Resources on Family Adjustment and Parental Stress in the Acute Phase of the NICU Experience

2000 ◽  
Vol 19 (6) ◽  
pp. 27-37 ◽  
Author(s):  
Janet Pinelli
Keyword(s):  
Acute Phase ◽  
Parental Stress ◽  
The State ◽  
Family Adjustment ◽  
Family Coping ◽  
Family Assessment Device ◽  
The Family ◽  
General Functioning ◽  
First Time ◽  
The Relationship

Purpose: To determine the relationship between family coping and resources and family adjustment and parental stress in the acute phase of the NICU experience.Design: Correlational study based on the Resiliency Model of Family Stress, Adjustment, and Adaptation. Main study instruments included the State Anxiety scale of the State-Trait Anxiety Inventory, the Family Inventory of Resources for Management, the Family Crisis Oriented Personal Evaluation Scales, and the General Functioning subscale of the McMaster Family Assessment Device.Sample: Data collected from 124 mother and father pairs within two to four days of their infant’s admission to the NICU.Main Outcome Variables: Family adjustment and parental stress.Results: Adequate resources were more strongly related to positive adjustment and decreased stress than were either coping or being a first-time parent. The relationships among the variables were generally the same for both parents. Mothers utilized more coping strategies than did fathers.Practice Recommendations: Families with limited resources should be identified early to facilitate their adjustment to the NICU.

Unfulfilled Promise: Palestinian Family Reunification and the Right of Return

2016 ◽  
Vol 45 (3) ◽  
pp. 24-39
Author(s):  
Nabila El-Ahmed ◽  
Nadia Abu-Zahra
Keyword(s):  
United Nations ◽  
Family Reunification ◽  
The State ◽  
Early Years ◽  
Successor State ◽  
Palestinian Refugees ◽  
Right Of Return ◽  
The Family ◽  
The Creation ◽  
The Right

This article argues that Israel substituted the Palestinian refugees' internationally recognized right of return with a family reunification program during its maneuvering over admission at the United Nations following the creation of the state in May 1948. Israel was granted UN membership in 1949 on the understanding that it would have to comply with legal international requirements to ensure the return of a substantial number of the 750,000 Palestinians dispossessed in the process of establishing the Zionist state, as well as citizenship there as a successor state. However, once the coveted UN membership had been obtained, and armistice agreements signed with neighboring countries, Israel parlayed this commitment into the much vaguer family reunification program, which it proceeded to apply with Kafkaesque absurdity over the next fifty years. As a result, Palestinians made refugees first in 1948, and later in 1967, continue to be deprived of their legally recognized right to return to their homes and their homeland, and the family reunification program remains the unfulfilled promise of the early years of Israeli statehood.

scholarly journals Identification of grain areas replaced by sugarcane and analysis of the relationship with family farming production in the state of Goiás

2014 ◽  
Vol 34 (6) ◽  
pp. 1296-1306 ◽  
Author(s):  
Maria A. Petrini ◽  
Jansle V. Rocha
Keyword(s):  
The State ◽  
Family Farming ◽  
Food Acquisition ◽  
Family Farmers ◽  
Annual Crops ◽  
Sugarcane Crop ◽  
The Family ◽  
Data Tables ◽  
Agricultural Areas ◽  
The Relationship

In Brazil, the State of Goiás is one of sugarcane expansion's frontiers to meet the growing demand for biofuels. The objective of this study was to identify the municipalities where there were replacement of annual crops (mainly grains) by sugarcane in the state of Goiás, as well as indicate correlations between the sugarcane expansion and the family farming production, in the period between 2005 and 2010. For this purpose, grains crop mask and sugarcane crop mask, obtained from satellite images, were intersected using geoprocessing techniques. It was also used IBGE data of sugarcane production and planted area, and data of family farming production linked with the National Food Acquisition Program (PAA), in relation to the number of cooperatives and family farmers. The crops masks and data tables of the National Food Acquisition Program were provided by National Food Supply Agency. There were 95 municipalities that had crops replacement, totaling 281,554 hectares of grains converted to sugarcane. We highlight the municipalities of Santa Isabel, Iaciara, Maurilândia, and Itapaci, where this change represented more than half of their agricultural areas. In relation to family farming, the sugarcane expansion in the state of Goiás has not affected their activities during the period studied.

scholarly journals Akibat Hukum dalam Pewarisan dari Pelaksanaan Pengangkatan Anak oleh Orang Tua Tunggal

2020 ◽  
Vol 1 (2) ◽  
pp. 181-185
Author(s):  
Condro Putri Dewi Hartaka
Keyword(s):  
Foster Parents ◽  
Birth Certificate ◽  
Single Parents ◽  
Foster Child ◽  
Whole Person ◽  
The Family ◽  
The Right ◽  
To Receive ◽  
The Relationship ◽  
General Adoption

The child is the mandate of the Grace Of God Almighty, and inside there is something that is attached as the dignity and status as a whole person. Along with the time on it right now is the mindset of society as it advances and growing, such as the parents who are unable to finance the future of the child and that’s why the purpose of adoption the child is not only to get the child but also for the welfare of children. And in Indonesia allow the implementation of the adoption by single parents, a woman or a man who is not married and who have been married but no longer bound in wedlock (widow or widower). Adoption of the child by single parents can only be done by the Citizens Of Indonesia after obtaining permission from ministers and the granting of permission can be ordered to agencies in the province. Adoption by single parents same thing with the adoption of children by parents in general. Adoption does not cause the relationship between children with real parents to be disconected, because most of the child who is in was from the family. Adoption of the child must be listed in a birth certificate, by not eliminate the identity of the beginning. Foster child are entitled to receive heir from the foster parents and also have the right heir from the real parents.

scholarly journals Perkawinan Beda Agama Dalam Undang-Undang Nomor 23 Tahun 2006 Tentang Administrasi Kependudukan (Tinjauan Hukum Islam)

2020 ◽  
Vol 20 (2) ◽  
pp. 138
Author(s):  
Fakhrurrazi M.Yunus ◽  
Zahratul Aini
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
The Family ◽  
The Law ◽  
Negative Impacts ◽  
The Right ◽  
The Impact ◽  
The Relationship

Abstrak: Dalam Undang-Undang Nomor 23 Tahun 2006 tentang Administrasi Kependudukan adanya Pasal yang mengatur tentang perkawinan beda agama, dalam Pasal 35 huruf (a) yang menyatakan bahwa perkawinan yang ditetapkan oleh pengadilan. Namun dalam Undang-Undang tersebut tidak diatur secara jelas, sehingga memberi peluang timbulnya dampak negatif. Namun yang diakui di Indonesia jika pasangan suami istri yang berbeda agama harus memeluk agama yang sama di salah satu pasangan dengan maksud mereka harus pindah agama baik memeluk agama istri maupun suami. Dengan adanya berbagai kemudharatan yang timbul, maka hal itu tidak sesuai dengan hukum Islam. Oleh karena itu, penulis ingin mengetahui dampak perkawinan beda agama yang diatur dalam Undang-Undang Nomor 23 Tahun 2006 tentang administrasi  kependudukan dan tinjuan hukum Islam terhadap perkawinan beda agama dalam Undang-Undang Nomor 23 tahun 2006. Dalam penelitian ini, metode penelitian yang digunakan adalah Kualitatif. Berdasarkan dari hasil penelitian, dampak dari perkawinan beda agama yaitu dampak terhadap rumah tangga yang tidak harmonis menimbulkan kegelisahan, dan sulitnya berkomunikasi. Dampak terhadap anak yang membuat hubungan antara keluarga yaitu anak dan orang tua menjadi kacau dan tidak utuh karena mengetahui kedua orang tuanya berbeda keyakinan. Dampak terhadap harta warisan yang mengakibatkan anak yang lahir dari perkawinan beda agama tidak mempunyai hak untuk mendapatkan harta warisan apabila tidak seagama dengan pewaris yang dalam hal ini pewaris beragama Islam. Adapun tinjauan hukum Islam menyatakan bahwa perkawinan beda agama itu tidak sah, karena menurut fatwa MUI Nomor:4/MUNASVII/MUI/8/2005 menetapkan bahwa nikah beda agama hukumnya haram yang diperkuat dengan firmannya dalam surat al-mumtahanah ayat 10 dan al-baqarah ayat 221.Abstract: in Law No. 23 of 2006 on the administration of the population of the article governing the marriage of different religions, in article 35 letter (a) stating that the marriage is established by the court. But the law is not regulated, so it allows causing negative impacts. But it is recognized in Indonesia if different couples of religion must embrace the same religion in one partner with the intention they have to move religion both embrace the religion of the wife and husband. With the various blessings that arise, it is not under Islamic law. Therefore, the author wants to know the impact of the marriage of different religions organized in law Number 23 the year 2006 about the administration of population and the Islamic law to the marriage of different religions in the law Number 23 the year 2006. In this study, the research method used was qualitative. Based on the results of the study, the impact of the marriage of different religions is the impact on the unharmonious households raises anxiety, and difficulty communicating. The impact on the child who makes the relationship between the family is the child and the parent becomes chaotic and not intact because knowing both parents are different beliefs. The impact on the inheritance that resulted in children born from the marriage of different religions does not have the right to obtain inheritance if not as religious as the heir, in this case, Muslim heirs. The review of Islamic law states that the marriage of different religions is not valid, because according to fatwa MUI number: 4/MUNASVII/MUI/8/2005 stipulates that the marriage of different religious religion is haram strengthened by his word in Sura al-Mumtahanah verse 10 and al-Baqarah verses 221.

scholarly journals SEGURIDAD Y JUSTICIA BAJO ACOSO EN TIEMPOS DE VIOLENCIA NEOLIBERAL: las respuestas de la policía comunitaria de guerrero

2013 ◽  
Vol 7 (2) ◽  
pp. 11 ◽  
Author(s):  
Maria Teresa Sierra
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
The State ◽  
Community Police ◽  
El Sistema ◽  
The Right ◽  
Key Aspects ◽  
Relationship Of ◽  
The Relationship ◽  
The Eu

La policía comunitaria es una institución de los pueblos indígenas de Guerrero conocida por su capacidad para enfrentar a la delincuencia y generar alternativas de paz social., através de un sistema de justicia y seguridad autónomo. En los últimos años, sin embargo, el sistema comunitario enfrenta el acoso de actores diversos vinculados al incremento de la violencia y la inseguridad que se vive en el país y especialmente en el estado de Guerrero; dicha situación está impactando a la institucionalidad comunitaria, obligando a su redefinición. En este trabajo destaco aspectos centrales de dicha conflictividad así como las respuestas que han dado los comunitarios para hacer frente a las tareas de justicia y seguridad en el marco de nuevos contextos marcados por el despojo neoliberal y la impunidad de actores estatales y no estatales. En este proceso se actualiza la relación de la policía comunitaria con el Estado revelando el peso de la ambigüedad legal y los juegos del poder así como los usos contra-hegemónicos del derecho para disputar la justicia. ---SEGURANÇA E JUSTIÇA SOB ACOSSO EM TEMPOS DE VIOLÊNCIA NEOLIBERAL: respostas do policiamento comunitário de GuerreroO policiamento comunitário é uma instituição dos Povos Indígenas do Guerrero conhecidos por sua capacidade de lidar com o crime e gerar paz social de forma alternativa, usando um sistema próprio de justiça e segurança. Nos últimos anos, no entanto, o sistema da UE enfrenta assédio de várias autoridades envolvidas no aumento da violência e da insegurança que reina no país e, especialmente, no estado de Guerrero; essa situação está afetando as instituições comunitárias, forçando a sua redefinição. Neste artigo, destaco os principais aspectos do conflito e as respostas que têm a comunidade para lidar com as tarefas da justiça e da segurança no contexto dos novos contextos marcados por pilhagem neoliberal e a impunidade de atores estatais e não estatais. Neste processo, a relação de policiamento comunitário com o estado é atualizada, revelando o peso da ambiguidade e dos jogos de poder legais, além de usos contra-hegemônicos do direito de disputar a justiça.Palavras-chave: violência neoliberal; Guerrero; comunidades indígenas---SECURITY AND JUSTICE UNDER HARASSMENT IN TIMES OF NEOLIBERAL VIOLENCE: responses of the Community Police of GuerreroThe community police is an institution of the Indigenous Peoples of Guerrero known for its ability to deal with crime and generate alternatives for social peace, using a system of justice and self security. In recent years, however, the EU system faces harassment from various people responsible for the increase of violence and insecurity within the country and especially in the state in Guerrero; this situation is impacting instituitions in the community, forcing their redefinition. In this paper I highlight key aspects of the conflict and the community's responses to deal with the tasks of justice and security in new contexts marked by neoliberal plunder and impunity of the state (as well as non state figures). In this process, the relationship of the community police with the state is updated revealing the weight of legal ambiguity and power plays, as well as counter-hegemonic use of the right to dispute justice.key words: neoliberal vilence; Guerrero; indigenous people.

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