Vulnerable Children and the Law: International Evidence for Improving Child Welfare, Child Protection and Children's Rights

2014 ◽  
Vol 67 (3) ◽  
pp. 451-452
Author(s):  
Patricia Hansen
2019 ◽  
Vol 2 (2) ◽  
Author(s):  
Apri Rotin Djusfi

Indonesian Child Protection Commission is an independent agency, established under the provisions of the Law on Child Protection. Was formed on June 21, 2004, this agency is mandated by Presidential Decree No. 77 of 2003 and Article 74 paragraph (1) and (2) of Law 35 of 2014 on the Amendment of Act No. 23 of 2002 on Child Protection. The problem that is revealed in this research is how the protection of children is in conformity with the principles of human rights, is child protection in Indonesia is in conformity with the 1945 Constitution and the laws protecting children and how the role of the Indonesian Child Protection Commission in protecting the rights of children. The principles of human rights that protects the protection of children one of which is the birth certificate. Indonesian Child Protection Commission’s role in protecting the rights of children is as a protection and supervisor of Law 35 of 2014 on the Amendment of Act No. 23 of 2002 in the Child Protection.Keywords : Children Right Protection Law,  KPAI, Children's rights


Author(s):  
M. Nur Syafiuddin ◽  
Rachmad Safa’at ◽  
Prija Djatmika ◽  
Istislam Istislam

Children have human rights (HAM) as those of adults. Unfortunately, discussions regarding children's rights are not as intense as adult rights or women's rights. There are not many parties that discuss and take concrete actions related to the protection of children's rights. In fact, children are a reflection of the future, assets of family, religion, nation and state. This study aims to describe and analyze the meaning of child support in the pattern of child protection in Indonesia based on the best interests of the child. This normative legal research utilized a philosophical and statutory approach. Analytical techniques used to process legal materials were analytical prescriptive methods, hermeneutics (interpretation) of law and ijtihadi. The legal materials used were primary legal materials including laws on child protection and secondary legal materials consisting of all literature and publications relevant to the field of child protection law. The results showed that there are at least two meanings of child support in the pattern of child protection in Indonesia based on the principle of child protection: child support as a guarantee for child welfare and child support as a futuristic value in child protection.


2006 ◽  
Vol 4 (2) ◽  
pp. 253
Author(s):  
Muhrisun Afandi

Determining children's rights and self detemtination has been problematic in the discussion of child welfare in Indonesia. Indonesian law regards children's rights as defined solely by the basis of age, regardless of a child's competence. This could be seen from the government policies that mention that children's rights are formulated as protection rights, which has been criticized as being a denial of the autonomy and capacity of the child, in the sense that they are considered incompetent and need to be taken care and protected by adults. However, in some cases the behavior of children from some populations demonstrates that they are more mature than the general population in their age range, so that their rights should not be based solely on the basis of their age without considering their competence and autonomy. Efforts to provide more and better defined legislation on child welfare in Indonesia have been an ongoing struggle for activists and various parties. The child liberationist formulations of children's rights seems to offer the greatest possibility for a child's autonomy in relation to children's rights, which is also a critique of the tendency to underestimate the capacities of children and the general belief in the lack child's competency in society.


2016 ◽  
Vol 24 (2) ◽  
pp. 304-329 ◽  
Author(s):  
Thomas Waldock

By employing the principles and standards of the United Nations Convention on the Rights of the Child (crc), this paper explores the significance and implications of children’s rights for child welfare, with a specific focus on theoretical paradigms of practice. Reform discussions in child welfare scholarship often have centred on deficiencies in the Anglo-American child protection paradigm associated with liberal welfare states. Alternative paradigms are contrasted, most notably the family service approach to child welfare generally found in Nordic, social democratic welfare states. Whilst the crc supports a family service paradigm, the paper highlights disturbing tendencies in reform discussions that are traceable to theoretical roots in the widely adopted and referenced Esping-Andersen/Gilbert classifications of cultures and child welfare paradigms. Whilst the classifications have proven to be useful, the paper explores the need for a more nuanced and complex characterisation of cultures and paradigms, to avoid misunderstandings and conceptual confusion. In particular, children’s rights often are associated only with liberal welfare states and child protection paradigms, and therefore adopting a family service paradigm is conceptualised as moving away from a children’s rights or child protection focus. In fact, a children’s rights framework for child welfare would establish provision, protection and participation as equal and interrelated priorities, whilst still emphasising the importance of a child-centred analysis.


Al-Bayyinah ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 243-260
Author(s):  
Hatija Asiri ◽  
Andi Sugirman

Protection of children's rights before the law has been regulated in Law No. 11 of 2012 concerning the child protection system and is specifically followed up in the Local Regulation of Bone Regency No. 1 of 2014. Children's inability in legal matters makes the State provide protection to children in conflict with the law. Legal protection for children is the obligation of the State as a mandate of the 1945 Constitution. The problem that arises is that cases of children dealing with the law continue to increase, so it is important to see the form of the role of the government in giving rights to children in conflict with the law. This research is a normative empirical study with a normative juridical legal research approach. Analyzing legal theories and statutory regulations, comparison of laws (comparison approach). The findings of this study indicate that children who are in conflict with the law, the government has provided diversion protection, namely protection at the level of the judicial process, investigation and prosecution. The position of diversion is given by the government to children as victims, perpetrators and witnesses in criminal acts. Local governments in providing productive protection for children in trouble by providing educational and economic assistance. The implication of this finding shows that children are the generation of the nation who deserve protection from the State, even though these children are in conflict with the law. 


1976 ◽  
Vol 27 (4) ◽  
pp. 403-412
Author(s):  
D. E. Selby

The 1880s witnessed a remarkable upsurge in public concern over the question of child welfare. Not only were two important Acts of Parliament passed providing children, for the first time, with effective safeguards against neglect, cruelty and exploitation, but the final year of the decade saw the establishment of the highly influential National Society for the Prevention of Cruelty to Children. Whilst much has been written of these developments, the part played by cardinal Henry Edward Manning in forming public opinion and in helping to secure the successful passage of legislation has, by and large, gone unacknowledged. It was in 1885—some twenty years after his elevation to the see of Westminster—that he took up the burning question of child protection, a fact which adds weight to Ausubel's assertion that ‘his last years were in many respects the most fruitful of his life, especially in his attempts to apply Christianity to social problems’.


2020 ◽  
Vol 1 (2) ◽  
pp. 47-50
Author(s):  
Gede Andi Wiradharma ◽  
I Nyoman Putu Budiartha ◽  
I Ketut Sukadana

Marriage is a thing that unites two individuals into one through a religious and legal ceremony. After the wedding ceremony takes place, the two individuals are married-couple. In undergoing marriage, a lot of things must be passed, so the husband and wife will have differences of opinion. The differences of opinion sometimes cause husband and wife to experience conflict which will usually lead to a fight that often ends to divorce. This research was conducted with the aim of describing how the regulation of child custody rights according to the law in Indonesia and how the legal protection of children's rights due to divorce. This research was designed using a normative legal research method. The results of this study showed that the regulation of child custody according to the law in Indonesia is regulated in Law Number 35 of 2014 concerning Child Protection and also mentions children's rights and obligations. In this law, child protection takes precedence. In addition, legal protection for children's rights due to divorce is also guaranteed where children are still entitled to receive rights from their parents such as getting an education, a decent place to live, feel secure, and get health insurance.


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