Child Protection

2020 ◽  
pp. 304-351
Author(s):  
Claire Fenton-Glynn
Keyword(s):  
Child Protection ◽  
Family Reunification ◽  
Best Interests ◽  
Alternative Care ◽  
Parents And Children ◽  
The Family ◽  
Procedural Rights ◽  
Emergency Measures ◽  
The Way

This chapter analyses the obligations placed on domestic authorities in the field of child protection. It starts by examining the way in which the Court has attempted to balance the rights of parents and children in this area, and in particular, the place of the ‘best interests’ principle in the Court’s jurisprudence. The chapter then goes on to consider the substantive rights in this area, including emergency measures, the removal of the child from the family, and their placement in alternative care, before examining the extensive procedural rights for parents and children under Articles 6 and 8. Finally, it details the jurisprudence of the Court concerning family reunification and the positive obligations placed on states to facilitate this.

scholarly journals Hukum Waris terhadap Anak Adopsi dalam Perspektif Islam

2020 ◽  
Vol 7 (1) ◽  
pp. 94-106
Author(s):  
Muhammad Lutfi Syarifuddin
Keyword(s):  
Child Protection ◽  
Islamic Law ◽  
Adoptive Parents ◽  
Customary Law ◽  
Best Interests ◽  
Adopted Children ◽  
Inheritance Law ◽  
Law System ◽  
Biological Parents ◽  
The Family

In practice, in Indonesia children adoption has become a public phenomenon in society and is part of the family law system because it involves individual interests in the family. In the case of adoption, parents need to pay attention to the best interests of the child and be implemented based on local customs, applicable laws and regulations, this has been regulated in Article 39 of the Child Protection Act. Adoption of children is divided into two types, namely adoption of children between Indonesian citizens (domestic adoption) and adoption of Indonesian citizens by foreign citizens (adoption between countries). Appointment of children must be done by legal process, through the establishment or decision of the Court. The research method is normative juridical research. Based on the research results, the inheritance Indonesian citizens rights in the Indonesian inheritance law case are implemented based on Islamic law, adopted children do not inherit from adoptive parents and remain the biological parents. Under customary law, the inheritance of adopted children depends on customary law in the area. By law adoption children do not inherit from adoptive parents, and adopted children remain the heirs of their biological parents.

scholarly journals Indigenous Children’s ‘Best Interests’ at the Crossroads

2012 ◽  
Vol 5 (2) ◽  
pp. 25-35 ◽  
Author(s):  
Kyllie Cripps
Keyword(s):  
Child Protection ◽  
Best Interests ◽  
Nation State ◽  
Out Of Home Care ◽  
The Family ◽  
Indigenous Children ◽  
Protection Systems ◽  
Rights Discourse ◽  
The Many ◽  
Children In Care

This article reviews the use of the term ‘best interests’ as it is commonly used in Australian child protection systems and its application in Indigenous contexts. In 2010–11 there were some 12,358 Indigenous children in out-of-home care in Australia, representing 32.85% of the total number of Australian children in care. In this review, I carefully consider, in the context of a rights discourse, the many influences, historical and present day, Indigenous and non-Indigenous, that have contributed to this situation. While the ‘family’ has traditionally been considered a private sphere in which the state rarely intervenes, I seek to investigate why the nation state has increased surveillance of and intervention into Indigenous families. The article concludes with a reflection on how the nation state, and its agents via child protection authorities, can take stock of the present situation to consider more meaningful ways of supporting Indigenous mothers, families and communities to raise their children in safety

scholarly journals Child protection from the civil law perspective – selected issues

2021 ◽  
Vol 11 (1) ◽  
pp. 251-262
Author(s):  
Barbara M. Kałdon
Keyword(s):  
Corporal Punishment ◽  
Child Protection ◽  
Civil Law ◽  
Family Members ◽  
Well Being ◽  
Parental Authority ◽  
Proper Functioning ◽  
Parents And Children ◽  
The Family ◽  
A Minor

Care for the well-being of the youngest family members is one of the main goals of the legislator. A properly functioning family does not require an interference of the officials as long as it does not deviate from the generally accepted standards. However, if such a situation occurs, it is necessary to undertake legal mechanisms aimed at restoring the proper functioning of the family. Consequently, various branches of the law regulate instruments to help the family overcome the crisis. The article presents selected areas of civil law child protection referring to such issues as prohibition of using corporal punishment against a minor and the consequences of its violation, other forms of abusing parental authority, as well as the regulation of certain relations between parents and children.

scholarly journals Child Protection When Travelling Abroad

2019 ◽  
Vol 25 (2) ◽  
pp. 153-157
Author(s):  
Rumenov Angelov Milen
Keyword(s):  
Child Protection ◽  
General Meeting ◽  
Case Law ◽  
Best Interests ◽  
The Supreme Court ◽  
The Family ◽  
The Subject ◽  
The Republic ◽  
Travel Abroad ◽  
Family Code

Abstract The article examines child protection when travelling abroad with only one parent or someone who is not a parent or a guardian set by national and EU legislation. It analyzes cases when one of the parents does not allow their child to travel abroad with the other one. Methods of protecting the children’s best interests, as well as introducing the substitute consent have been presented. The development of the European Union’s legislation and case-law on the subject are scrutinized. The study also covers the national legislation of the Republic of Bulgaria in the field of protecting the child’s interests. The preconditions that have led to the legislative initiative on the adoption of Art. 127a of the Family Code referring to the court’s consent to a child travelling abroad with only one of the parents are analyzed. Next, there are prerequisites leading to the adoption of the Interpretative Decision No 1 of 03.07.2017 at a General Meeting of the Civil Division of the Supreme Court of Cassation of the Republic of Bulgaria, which develops the framework in the field of granting a court permit for child’s travelling. What is examined are the exact interests of the child that should be protected when the court gives the consent substituting the parental one. The case-law of the subject is followed in order to maximize its improvement in the protection of the rights and interests of the children living with one of their parents.

scholarly journals Ochrona dziecka z perspektywy cywilnoprawnej – wybrane zagadnienia

2021 ◽  
Vol 2021(42) (1) ◽  
pp. 123-134
Author(s):  
Barbara Małgorzata Kałdon ◽  
Keyword(s):  
Corporal Punishment ◽  
Child Protection ◽  
Civil Law ◽  
Family Members ◽  
Parental Authority ◽  
Proper Functioning ◽  
Parents And Children ◽  
The Family ◽  
A Minor ◽  
State Interference

Care for the welfare of the youngest family members is one of the main goals of the legislator. A properly functioning family does not require state interference as long as it does not deviate from the generally accepted standards. However, if such a situation occurs, it is necessary to undertake legal mechanisms aimed at restoring the proper functioning of the family. Consequently, various branches of the law regulate instruments to help the family overcome the crisis which it undergoes. The article presents selected areas of civil law child protection referring to such issues as prohibi- tion of using corporal punishment against a minor and the consequences of its violation, other forms of abusing parental authority, as well as the regulation of certain relations between parents and children.

Balancing a Child's Best Interests and a Child's Views

2009 ◽  
Vol 17 (1) ◽  
pp. 1-21 ◽  
Author(s):  
David Archard ◽  
Marit Skivenes
Keyword(s):  
Decision Making ◽  
United Kingdom ◽  
Child Protection ◽  
Best Interests ◽  
Legal Decision ◽  
The United Kingdom ◽  
Legal Decision Making ◽  
Made In ◽  
The Way

AbstractWe consider the problem of reconciling the two commitments to hear a child and to promote a child's best interests by identifying the principal issues at stake and illustrating them by reference to legal decision-making in the domains of health in the United Kingdom and custody and child protection in Norway. We agree that a child's views are not authoritative but dispute Harry Brighouse's claim that they are only of consultative value, affirming the fundamental right of a child capable of expressing a view of doing so and of thereby participating in the procedures where decisions affecting his or her interests are made. In conclusion we offer a checklist of questions that need to be asked about the way in which jurisdictions combine their explicit commitments to the two principles of best interests and hearing the child's views.

Child Protection through Intercountry Adoption with Special Reference to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption 1993

2015 ◽  
Vol 3 (2) ◽  
pp. 78-86
Author(s):  
Nadhilah A. Kadir ◽  
Azizah Mohd ◽  
Roslina Che Soh@ Yusoff ◽  
Najibah Mohd Zin
Keyword(s):  
Child Protection ◽  
Hague Convention ◽  
Best Interests ◽  
Institutional Setting ◽  
Intercountry Adoption ◽  
Alternative Care ◽  
Rights Of The Child ◽  
The Hague ◽  
Family Setting ◽  
The Hague Convention

Objective - This paper seeks to examine the practice of intercountry adoption as prescribed in the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption 1993 (the Hague Convention 1993) particularly relating to its requirements and procedures. This is in order to describe the minimum safeguards provided by The Hague Convention 1993 to ensure that such adoption takes place in the child's best interests. This paper also discusses the relationship between the Hague Convention 1993 and the United Nations Convention on the Rights of the Child 1989 (CRC) relating to the position of intercountry adoption as one of the available means of child care. Methodology/Technique - This paper adopts qualitative research method. Analysis focuses on international policies provided by International Legal Frameworks that include The Hague Convention 1993 and the CRC. Findings - The Hague Convention 1993 recognizes intercountry adoption as one of the alternative care options that provides the advantage of a permanent family setting to a child whom, a suitable family is unavailable for him or her in the birth country. Accordingly, this paper suggests that family setting should be preferred over institutional setting in deciding a child's placement. Novelty - The paper deliberates on the position of intercountry adoption at the international level as one of the alternative care options. Type of Paper - Conceptual Keywords: Alternative Care; Child Protection; Hague Convention 1993; Intercountry Adoption; Permanent Family Care.

scholarly journals Assessing allegations of child sex abuse in custody disputes

2019 ◽  
Vol 44 (01) ◽  
pp. 5-12 ◽  
Author(s):  
Emily Schindeler
Keyword(s):  
Child Protection ◽  
Emotional Abuse ◽  
Critical Role ◽  
Best Interests ◽  
Risk Assessments ◽  
Family Court ◽  
Sex Abuse ◽  
The Family ◽  
Custody Disputes ◽  
Child Sex Abuse

AbstractRisk assessments by expert witnesses appointed by the Family Court of Australia (FCA), and as informed by findings of any investigations by police and child protection agencies, play a critical role in the adjudication of custody disputes involving allegations of child sex abuse. This study focuses on the contribution made by these independent advisors as documented in the FCA trial transcripts of a sample of 62 such cases in the period 2012–2016. Analysis reveals that those responsible for assessing risk shared a concern for an emerging pattern of applicant responsibility for systems abuse, in conjunction with emotional abuse, as a significant child protection issue. It also raises issues for the Court when there are multiple risk assessments coming from experts who bring different disciplinary and organisational perspectives. As an exploratory study, the implications of these findings need to be viewed through the lens of protecting the best interests of the child.

Disease in the family in terms of contemporary literature for children

2014 ◽  
Vol 4 (1) ◽  
pp. 43-54
Author(s):  
Jowita Gromysz
Keyword(s):  
Young Children ◽  
Family Environment ◽  
Contemporary Literature ◽  
The Family ◽  
The Way

Summary Disease in the family is a literary motif used by many authors. The article contains a description of various ways of representing the disease in contemporary texts for young children. Pedagogical context of reading literary narratives refers to the way the rider repons to the text ( relevance to the age of the reader, therapeutic and educational function). The analyzed texts concern hospitalization, disability of siblings, parent’s cancer. There always relate to the family environment and show the changeability of roles and functions in family.

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