Custody and Access: are children's interests being protected?

1990 ◽  
Vol 15 (4) ◽  
pp. 13-20 ◽  
Author(s):  
J. Neville Turner

All who work with broken families know that disputes as to custody and access of children are the most difficult of all cases to resolve and often create great bitterness. Yet the law relating to them is exceedingly simple. It can be expressed in nine words: “The welfare of the child is the paramount consideration.”Despite its apparent simplicity though, the law and practices relating to custody and access are undergoing a great deal of heart-searching. If legal periodical literature of other countries is an accurate reflection of concern, it seems that very radical re-thinking is occurring abroad. Some of this is likely to rub off on this country. For, whether we like it or not, the world is getting smaller and the welfare of children is becoming more and more an international concern. The ratification by Australia of the UN Convention on the Rights of the Child is a timely reminder of this. The incidence of child abduction, kidnapping and inter-country marriages, and of course, inter-country adoption, surely testifies to the fact that we should now be looking at the care and well-being of children as a global issue.

2020 ◽  
Vol 28 (3) ◽  
pp. 613-631
Author(s):  
John Eekelaar

Abstract While Article 5 of the UN Convention on the Rights of the Child requires states to respect parents’ responsibilities to provide ‘appropriate’ direction and guidance to their children, Article 18 also proclaims that ‘the best interests of the child will be [the parents’] basic concern’. But how can this be done if, as is widely accepted, the “best interests” standard is too indeterminate safely to allow courts to substitute their assessment of children’s interests for those of a child’s parents? This reason for privatising such decisions has been reinforced by concerns over the extent of public expenditure on court involvement in and legal aid for such issues, with the possible result of withdrawal of the law from this process. This article argues that there are inherent risks in leaving the arrangements for children of separating parents entirely in the hands of the parents, and considers various ways in which such risks might be reduced.


Author(s):  
V.C. Govindaraj

The world has to acknowledge the contribution the Hague Conference on Private International Law has hitherto made and continues to make in its endeavour to obtain from the world community approval and acceptance of the outcome of its efforts to unify rules of conflict of laws. India has become an active member of the Hague Conference. This chapter discusses the recognition of decrees of divorces and judicial separation and maintenance obligations; child custody and child abduction; the law relating to succession; the law relating to service of summons abroad; Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents, 1961; and Hague Convention on Taking of Evidence Abroad in Civil or Commercial Matters, 1970.


Author(s):  
Marta Santos Pais

Violence knows no geographic, cultural, or social borders. Around the world millions of children of all ages continue to be exposed to appalling levels of violence, in their neighborhoods, in their schools, in institutions aimed at their care and protection, as well as within the home. Children’s rights law, most notably the UN Convention on the Rights of the Child (CRC), provides a legal mandate to address all forms of violence against children. This chapter reviews the various forms of violence against children, their impact on child well-being, and the children’s rights law mandate to prevent it. It then discusses the global policy agenda for confronting violence against children and the challenges that must be overcome to achieve progress toward a world free of violence against children.


2020 ◽  
Vol 1 (1) ◽  
pp. 157-194
Author(s):  
نوزاد الشواني

The child is the bud of life and the right of life in this life is a fundamental right, from which several rights are protected and surrounded by safety until he reaches the age that makes him physically, mentally and psychologically qualified to take over his duties and his duties towards his society and the direction of others.The rights of the child to protection have been little or significant since the inception of the first human being. However, the need for development and the protection of the human race that human senses have begun to create different rights for the child do not in themselves constitute real protection for them . Until it culminated in the era of Islamic light, which embodied the highest forms of protection for this sensitive vulnerable group in society. Voices from around the world called on States to actively intervene through criminal texts to ensure the child's right to be protected from ill-treatment, especially after the international community has issued numerous international instruments and declarations dealing with the rights of the child. The most important of these are the 1989 Convention on the Rights of the Child, On the life and development of the child as well as the preservation of his identity and his right to education, health and comfort and to have a standard of living adequate for its growth as well as protect it from exploitation and all kinds of violence. Sexual violence against children involving a child under the age of 18 years, rape or exploitation of sexual activity is not fully understood and can not be granted. The conduct of the offender is contrary to the laws, customs, traditions and customs of the community. The child's physical and mental health, mental, psychological and social well-being are seriously jeopardized. The child is characterized by weak physical strength and poor mental abilities. Therefore, the international system should have called upon the ratifying States to protect the rights that have been adopted in favor of the child With special criminal provisions to protect him from crimes of sexual violence.Sexual violence against children constitutes a grave violation of the rights of the child. It represents a global reality in all countries of the world, but it has become a real phenomenon of concern especially in recent times and in some countries such as Iraq, Syria, Libya and other countries that have become visible as a result of war, displacement, The other reasons, and this calls for immediate treatment through the intervention of the criminal law in most of the world, including Iraqi and Syrian law, the subject of our research, to criminalize these acts protect a range of rights and interests, including: the protection of the right to sexual freedom of the female, The protection of the family entity from collapse and the protection of the offspring from mixing and protecting the social entity from the scourge of moral corruption, and immunization of society from sexual and reproductive diseases. At the national and international levels, this law prohibits any activity that takes the form of rape, sodomy, sexual harassment, sexual exploitation in prostitution or pornographic material Since the Criminal Code is one of the most widely used instruments of the State to protect the legal status of persons and to protect human rights from potential attacks and the conviction of the Iraqi and Syrian legislators of the importance of repudiation and punishment in protecting vulnerable parties within society, for example, their legislation included significant repudiation provisions that criminalize any act or omission May result in a form of sexual violence against children.Thus, by extrapolating the texts of the criminal law of both Iraq and Syria, as well as some of the texts contained in other laws or independently, our research entitled "Sexual Violence Against Children" focused on a scientific plan consisting of two subjects: In the second, I refer to the types of crimes that sexual violence against children has included and we deal with successively and through three demands. First we address the crime of rape and homosexuality. In the second child to indecent assault against the child crime and in the third to the crime of sexual exploitation against children and Khtmana We discussed with the most important conclusions and recommendations


Rechtsidee ◽  
2016 ◽  
Vol 3 (2) ◽  
pp. 113
Author(s):  
Ushie James Ebuara

The fact that Nigeria is a corrupt nation is no longer news. Nigeria is ranked internationally as one of the most corrupt nations in the world. As embarrassing as this status is, it is indeed the reality of our situation. The general public and now even the executive arm of the Federal government have continued to question how members of the legal profession discharge their role in applying the law because they have absolute belief in the law as their protection against the tendencies that are depriving them of their well being, dehumanizing them and even threatening the existence of their country, they waited for the law to respond to these tendencies by putting them in check, stop them completely or control them, they have watched helplessly the inability of law to effectively respond to these tendencies and have watched the tendencies continue unabated and escalated into the conditions we found ourselves today The purpose of this paper is to examine the role of lawyers as Judges, as Prosecutors and defence Attorneys in promoting and encouraging corruption in our body politics. It further examines in contrast the role lawyers should play in the renewed fight against corruption. Lawyers as  agents of social change should be in the vanguard for the reorientation of the mind set of Nigerian in the renewed fight against corruption and social rebirth generally. To effectively play this role members of the legal profession must purge themselves of corrupt tendencies and must be seen to be above board.


2015 ◽  
Vol 3 (2) ◽  
pp. 417-443 ◽  
Author(s):  
Lorena Solis

As reproduction by surrogacy increases, the problems arising from surrogacy contracts also increase. Countries around the world are being asked to solve never-before-seen legal problems arising from surrogacy agreements. When trying to solve the newly arisen problems, the rights of the child born from the surrogacy contract tend to be overlooked. Enacted laws try to solve the enforceability of the contract and protect the rights of the parties involved— such as, who are the legal parents of the child if both sides of the agreement wish to keep the child. However, few of these laws address a situation where the opposite is true, a situation in which neither side wants to keep the child. In these situations, the primary focus should be the rights of the child, not the rights of the people involved in the contract. The law should be up to date and ready to protect the well-being of the child—a person who never asked to be born. Specifically, rights such as the citizenship of the child, the right to financial support, the right to inherit, and the right to identity should be protected. The Comment discusses how prepared U.S. and Texas law is to handle problems arising from a surrogacy contract in which neither side wants to keep the child. In this case, a child with intended American parents should have the right to be a U.S. citizen, the right to receive financial support from a party involved in the contract, the right to inherit, and the right to know his or her identity. These problems may not be currently present, but with the increase of surrogacy use, it surely could be an issue in the future.


2021 ◽  
Vol 7 (2) ◽  
pp. 15-23
Author(s):  
Tetyana HNATIUK ◽  

Human rights are an inalienable right of everyone from birth. Respect for human rights and freedoms is seen as an indicator of the development of society. The Convention on the Rights of the Child, adopted in 1989 by the UN General Assembly and entered into force a year later, profoundly changed the world treatment of children. Like the Universal Declaration of Human Rights, the Convention formulated something fundamental to human well-being and acted as a watershed and a guide for future generations. According to the provisions of the Convention, the child is an active member of the family, community and society. The announcement of the Global Movement for Children in 1999 marked the beginning of major changes. All over the world, the movement aims to unite all those who believe that children's rights should be a priority. One of the main goals of the movement is to provide a clear understanding that the world's citizens care for children and expect governments to keep their promises.


2003 ◽  
Vol 8 (4) ◽  
pp. 238-251
Author(s):  
Victor F. Petrenko ◽  
Olga V. Mitina ◽  
Kirill A. Bertnikov

The aim of this research was the reconstruction of the system of categories through which Russians perceive the countries of the Commonwealth of Independent States (CIS), Europe, and the world as a whole; to study the implicit model of the geopolitical space; to analyze the stereotypes in the perception of different countries and the superposition of mental geopolitical representations onto the geographic map. The techniques of psychosemantics by Petrenko, originating in the semantic differential of Osgood and Kelly's “repertory grids,” were used as working tools. Multidimensional semantic spaces act as operational models of the structures of consciousness, and the positions of countries in multidimensional space reflect the geopolitical stereotypes of respondents about these countries. Because of the transformation of geopolitical reality representations in mass consciousness, the commonly used classification of countries as socialist, capitalist, and developing is being replaced by other structures. Four invariant factors of the countries' descriptions were identified. They are connected with Economic and Political Well-being, Military Might, Friendliness toward Russia, and Spirituality and the Level of Culture. It seems that the structure has not been explained in adequate detail and is not clearly realized by the individuals. There is an interrelationship between the democratic political structure of a country and its prosperity in the political mentality of Russian respondents. Russian public consciousness painfully strives for a new geopolitical identity and place in the commonwealth of states. It also signifies the country's interest and orientation toward the East in the search for geopolitical partners. The construct system of geopolitical perception also depends on the region of perception.


1998 ◽  
pp. 124-127
Author(s):  
V. Tolkachenko

One of the most important reasons for such a clearly distressed state of society was the decline of religion as a social force, the external manifestation of which is the weakening of religious institutions. "Religion," Baha'u'llah writes, "is the greatest of all means of establishing order in the world to the universal satisfaction of those who live in it." The weakening of the foundations of religion strengthened the ranks of ignoramuses, gave them impudence and arrogance. "I truly say that everything that belittles the supreme role of religion opens way for the revelry of maliciousness, inevitably leading to anarchy. " In another Tablet, He says: "Religion is a radiant light and an impregnable fortress that ensures the safety and well-being of the peoples of the world, for God-fearing induces man to adhere to the good and to reject all evil." Blink the light of religion, and chaos and distemper will set in, the radiance of justice, justice, tranquility and peace. "


2020 ◽  
Vol 5 (Special) ◽  

Dubai Health Authority (DHA) is the entity regulating the healthcare sector in the Emirate of Dubai, ensuring high quality and safe healthcare services delivery to the population. The World Health Organization (WHO) declared COVID-19 a pandemic on the 11th of March 2020, indicating to the world that further infection spread is very likely, and alerting countries that they should be ready for possible widespread community transmission. The first case of COVID-19 in the United Arab Emirates was confirmed on 29th of January 2020; since then, the number of cases has continued to grow exponentially. As of 8th of July 2020 (end of the day), 53,045 cases of coronavirus have been confirmed with a death toll of 327 cases. The UAE has conducted over 3,720,000 COVID-19 tests among UAE citizens and residents over the past four months, in line with the government’s plans to strengthen virus screening to contain the spread of COVID-19. There were vital UAE policies, laws, regulations, and decrees that have been announced for immediate implementation to limit the spread of COVID- 19, to prevent panic and to ensure the overall food, nutrition, and well-being are provided. The UAE is amongst the World’s Top 10 for COVID-19 Treatment Efficiency and in the World’s Top 20 for the implementation of COVID-19 Safety measures. The UAE’s mission is to work towards resuming life after COVID-19 and enter into the recovery phases. This policy research paper will discuss the Dubai Health Authority’s rapid response initiatives towards combating the control and spread of COVID-19 and future policy implications and recommendations. The underlying factors and policy options will be discussed in terms of governance, finance, and delivery.


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