9. The Law Relating to Children: Children’s Rights and Private Law

2018 ◽  
Author(s):  
Ruth Gaffney-Rhys
Keyword(s):  
Medical Treatment ◽  
Children's Rights ◽  
Children’S Rights ◽  
Private Law ◽  
The Third ◽  
Rights Of The Child ◽  
Questions And Answers ◽  
Essay Question ◽  
The Law ◽  
The Right

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter considers children’s rights and private law relating to children. The first essay question focuses on the rights of the child to make his or her own decisions and to participate in private law proceedings, whilst the second examines how the law ensures that children have a relationship with both parents after separation. The third question is a problem scenario that requires discussion of orders under s. 8 of the Children Act 1989, the welfare principle, and the welfare checklist. The final problem question concerns inherent jurisdiction and the right of a child to refuse medical treatment.

8. The Law Relating to Children:

2016 ◽  
Author(s):  
Ruth Gaffney-Rhys
Keyword(s):  
Medical Treatment ◽  
Children's Rights ◽  
Children’S Rights ◽  
Private Law ◽  
The Third ◽  
Rights Of The Child ◽  
Questions And Answers ◽  
Essay Question ◽  
The Law ◽  
The Right

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary and tips to gain extra marks. This chapter considers children’s rights and private law relating to children. The first essay question focuses on the rights of the child to make his or her own decisions and to participate in private law proceedings, whilst the second examines how the law ensures that children have a relationship with both parents after separation. The third question is a problem scenario that requires discussion of orders under s.8 of the Children Act 1989, the welfare principle and the Welfare Checklist. The final problem question concerns inherent jurisdiction and the right of a child to refuse medical treatment.

JUVENILE JUSTICE SYSTEM THROUGH DIVERSION AND RESTORATIVE JUSTICE POLICY

2017 ◽  
Vol 2 (1) ◽  
pp. 168
Author(s):  
Dyah Listyarini
Keyword(s):  
Restorative Justice ◽  
Juvenile Justice System ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
Rights Of The Child ◽  
The Law ◽  
The Right

Indonesia as a state of law has ratified several international human rights instruments, especially the Convention on the Rights of the Child, in which the state should ensure the protection, respect, fulfillment, promotion, and enforcement of children's rights. In fact, many children have been treated unjustly in the fulfillment of their rights when conflicting with the law.  Methods of legal protection of the rights of children conflicting with the law are based on the provision that “every child has the right to survive, grow and develop as well as the right to protection from violence and discrimination”. Other ways to protect children’s rights may also include the policy that children conflicting with the law should be treated humanely in accordance with their dignity and rights; special personnel should be provided for their companion and counseling; sanctions should be appropriated for the best interests of the children; and special facilities and infrastructure for children should be equally provided. This means that appropriate sanctions should hence be supported through the process of resolving cases using the principle of “diverse and restorative justice  The concept of diverse and restorative justice can be applied to the crime of under 7th-year punishments and non-repeated crime. Methods for handling children who have conflicts with the law have hitherto emphasized on normative juridical processes such as investigation, prosecution, and examination of the case by the judge (in court). The processes, however, have not guidelines or technical manuals for law enforcement officers to implement the non-litigation settlement for children cases

scholarly journals Anak dan Kejahatan (Faktor Penyebab dan Perlindungan Hukum)

Jurnal Selat ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 225-234
Author(s):  
Ria Juliana ◽  
Ridwan Arifin
Keyword(s):  
Rule Of Law ◽  
Legal Protection ◽  
Children's Rights ◽  
The State ◽  
Children’S Rights ◽  
Applicable Law ◽  
Rights Of The Child ◽  
The Law ◽  
The Right ◽  
Rule Out

The State of Indonesia has never been separated from existing regulations, given that the State of Indonesia is a rule of law and all actions taken refer to the applicable law. The problem of a law lies in the procedure for the application of the law and the implementation of the law, in legal protection for children in Indonesia, both victims and perpetrators have the right to be protected, for this reason a rule of law has been set against the child’s own misconduct applicable. Problematics of arrest and detention and punishment of crimes committed by children enactment of article 43 of Act No. 3 of 1997 which explains that child detainees are basically still in effect the provisions of the Criminal Procedure Code (KUHAP) are the loss of children's rights and protection against applicable law. The development of the rights of the child is a public concern because at this time child perseverance has spread and the application of the law continues to apply to that the rights of children must also be considered to see that children's rights must also be fought for. Above everything discussed above that neglected the rights of children and their protection was due to the lack of attention from parents and families and a small part of this resulted from an environment that was not good for the character of the child himself. To create high peace and stability then the basis of the change is parents. Improvements made to the guidance of children that are carried out fundamentally with love and love, it does not rule out the possibility of child delinquency or criminal acts that are done less, other things if the child is allowed to grow without attention then does not rule out the greater the crime that will be committed.

scholarly journals Recognizing and Respecting the Rights of Children with Disabilities in the Classroom

2016 ◽  
Vol 8 (3) ◽  
pp. 1
Author(s):  
Cornelia Schneider
Keyword(s):  
Children With Disabilities ◽  
Children's Rights ◽  
Relationship Building ◽  
Children’S Rights ◽  
Social Model ◽  
Human Beings ◽  
Persons With Disabilities ◽  
Social Model Of Disability ◽  
Rights Of The Child ◽  
The Right

<p>The UN Convention on the Rights of the Child was adopted and ratified in 1990 by the UN<br />General Assembly, and signed by most member countries of the United Nations. However, its<br />implementation is slow, complex, and can to-date be considered as incomplete in most<br />countries, particularly as children’s rights often seem to be in contradiction with traditional<br />perceptions of children as dependent, immature and incompetent human beings under their<br />parents’ tutelage. Furthermore, it appears that children’s rights are at risk of colliding with the<br />rights of the family. These issues are even more strongly highlighted when it comes to<br />children with disabilities, as those children often are perceived as vulnerable and incompetent.<br />The UN Convention on the Rights of Persons with Disabilities of 2006 emphasizes the right<br />to full participation based on the social model of disability, including the right to inclusive<br />education for children with disabilities. This article addresses both conventions, the<br />contradictions within but also with each other, which impede the rights of children with<br />disabilities as much as traditional perceptions of childhood do. It will then demonstrate how<br />the recognition of the rights of children with disabilities can be improved by using the<br />frameworks of sociology of childhood (Corsaro, 2015) and the work on relationship building<br />and solidarity by Honneth (1995). Lastly, the article will give examples of how to implement<br />and respect the rights of children with disabilities in schools, by using the example of the<br /><em>Index for Inclusion</em>.</p>

“Evolving Capacities” and “Parental Guidance” in The context of Youth Justice

2020 ◽  
Vol 28 (3) ◽  
pp. 500-520
Author(s):  
Ursula Kilkelly
Keyword(s):  
Parental Support ◽  
Criminal Responsibility ◽  
Children's Rights ◽  
Children’S Rights ◽  
Youth Justice ◽  
Rights Of The Child ◽  
Parental Guidance ◽  
The Law ◽  
Role Of Parents ◽  
Article 5

Abstract Article 5 of the United Nations Convention on the Rights of the Child (uncrc) is a pivotal children’s rights provision, which recognises the ‘responsibilities, rights and duties of parents’ to provide ‘appropriate direction and guidance’ to the child in the exercise of his/her rights, in a manner consistent with ‘the evolving capacities of the child’. Underpinning children as holders of rights, Article 5 bridges the gap between children who require parental support to exercise their rights and those who are capable of exercising them on their own behalf. There has been limited consideration of Article 5 to date and even less in specific contexts like juvenile justice. The uncrc has particular relevance to children in conflict with the law where issues of criminal responsibility, capacity and the role of parents are central. This article explores the application of Article 5 by querying the relevance of the principle of “evolving capacities” to children in conflict with the law and to the exercise of children’s rights in the criminal justice system. It considers what role, if any, ‘the responsibilities, rights and duties’ of parents have in such proceedings while addressing, more generally, whether Article 5 adds value to the child’s rights approach to youth justice.

Children's Rights

2013 ◽  
Author(s):  
Karen M. Staller
Keyword(s):  
Common Law ◽  
Children's Rights ◽  
State Intervention ◽  
Children’S Rights ◽  
Chronological Age ◽  
Rights Of The Child ◽  
Parens Patriae ◽  
The Common ◽  
The Right ◽  
Family Autonomy

Children's rights can refer to moral rights—basic human rights regardless of age or station—and legal rights, those awarded based on chronological age or level of maturity. They are conceptualized in three categories: protection rights (the right to be free from harm and exploitation), provision rights (the right to have their basic needs met), and participation rights (the right to have a say). Children's rights can conflict with family autonomy, and state intervention is based on the common law doctrine of parens patriae. The UN's Convention on the Rights of the Child is the most comprehensive statement of children's rights to date.

scholarly journals What is Left in the “Too Hard Basket”? Developments and Challenges for the Rights of Children in Conflict with the Law

2020 ◽  
Vol 28 (1) ◽  
pp. 89-110 ◽  
Author(s):  
Nessa Lynch ◽  
Ton Liefaard
Keyword(s):  
Justice System ◽  
Academic Discipline ◽  
Children's Rights ◽  
Theory And Practice ◽  
Children’S Rights ◽  
Rights Of The Child ◽  
United Nations Convention ◽  
Age Limits ◽  
The Law ◽  
Cross National

The 30 years since the enactment of the United Nations Convention on the Rights of the Child has seen extensive developments in the theory and practice of children’s rights. Children’s rights are now an established academic discipline with the study of children in conflict with the law being a fundamental area of analysis. This paper takes the approach of highlighting three areas of development of children’s rights scholarship in relation to the criminal justice system: children’s rights, developmental science and notable themes emerging from cross-national scholarship, including age limits, diversion, effective participation and deprivation of liberty. In addition, it analyses three gaps or challenges which are “left in the too-hard basket” for the coming decades.

COMMUNICATION ROLE OF RIGHTS AND LEGAL STATUS

2019 ◽  
pp. 233
Author(s):  
Inta Siliniece
Keyword(s):  
Legal Status ◽  
Children's Rights ◽  
The Other ◽  
Children’S Rights ◽  
Civil Justice ◽  
Active Lifestyle ◽  
Rights Of The Child ◽  
The Right

One of today's most important issues in the field of international civil justice is the provision of family and children's rights. These are the right of the child to be in contact with both parents and the right of parents to take part in the upbringing of children. This is especially important if parents live separately or even in different countries. The global processes of globalization and the active lifestyle of people moving from one country to another determine the topicality of the issue. Increasingly, children are illegally moved from one country to another, thus limiting both the rights of the child with the other parent and the right of the other parent in the upbringing of the child.

The Third Optional Protocol to the UN Convention on the Rights of the Child? – Challenges Arising Transforming the Rhetoric into Reality

2013 ◽  
Vol 21 (2) ◽  
pp. 305-322 ◽  
Author(s):  
Rhona Smith
Keyword(s):  
Children's Rights ◽  
Partial Solution ◽  
Children’S Rights ◽  
The Third ◽  
Optional Protocol ◽  
Rights Of The Child ◽  
Awareness Raising

A third Optional Protocol to the Convention on the Rights of the Child completes the raft of international mechanisms for ensuring children’s rights. However, it also raises unique problems particular to children as rights’ holders and putative rights’ enforcers. For example, children may not know of their rights, they may lack the necessary capacity to initiate enforcement actions and they may encounter problems should they perceive their rights as being contrary to parental wishes. Overcoming such problems is fraught with challenges but not impossible. Strong national mechanisms present a partial solution. Long advocated, they offer possibilities for awareness-raising, neutral representation of the child’s interest before courts, committees and tribunals and ensuring a balance is sought, even achieved, between the rights of the child and those of the parents and State.

scholarly journals Expanding the Protection of Children’s Rights towards a Dignified Life: The Emerging Jurisprudential Developments in the Americas

Laws ◽  
2021 ◽  
Vol 10 (4) ◽  
pp. 84
Author(s):  
Alejandro Fuentes ◽  
Marina Vannelli
Keyword(s):  
Human Rights ◽  
Children's Rights ◽  
Children’S Rights ◽  
Effective Protection ◽  
American System ◽  
Rights Of The Child ◽  
The Right ◽  
International Instruments ◽  
Normative Integration ◽  
Dignified Life

The Inter-American Court of Human Rights (IACrtHR) has developed in recent years an innovative jurisprudence that has integrated the entity and extension of States’ obligations regarding children’s rights—as established in Article 19 ACHR—through the evolutive, dynamic, and effective interpretation of the American Convention on Human Rights (ACHR). In fact, by acknowledging the existence of an international corpus juris for the protection of children’s rights, the Court has examined this provision in the light of instruments enshrined within the corpus juris, such as the UN Convention of the Rights of the Child. This process of normative integration was not only limited to the application of international instruments adopted outside of the Inter-American system, but also includes internal references to interconnected rights recognised within the American Convention. Consequently, by analysing the scope of Article 19 ACHR in the light of Article 4 ACHR (right to life) and the corpus juris for the protection of children, the Inter-American Court has further expanded the protection of children’s rights towards the protection of the right to a dignified life. While focusing on the landmark jurisprudence developed by IACrtHR, this paper seeks to unveil the hermeneutical paths undertaken by the regional tribunal in connection with the systemic integration of Article 19 ACHR. In particular, it focuses on the emerging jurisprudential development of positive obligations upon States Members regarding the effective protection of children’s right to a dignified existence.

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