Right to Family Environment

Author(s):  
Asha Bajpai

Institutionalization of children has to be the last resort. It is the right of a child to a family or in the alternative to family type non-institutional services, such as adoption, foster care, and sponsorship. This chapter commences with tracing the evolution of adoption in history, mythology, and religion. It critically examines Indian adoption laws, such as the Hindu Adoption and Maintenance Act, 1956, the Guardians and Wards Act, 1890, the Provisions in the Juvenile Justice Act, 2015, and the CARA guidelines and Procedures, 2015. Select judgements of the courts in India on adoption and surrogacy is also included. Surrogacy Regulation Bill, 2016 is discussed. International law, instruments, and protocols relating to adoption and surrogacy in some other countries are dealt with. It suggests law reform in the areas of adoption and surrogacy. A brief description of non-governmental organizations, government initiatives, programmes, and schemes dealing with non-institutional services are included.

Author(s):  
Asha Bajpai

This chapter deals with those children in especially difficult circumstances that are vulnerable, marginalized, destitute, and neglected and deprived of their basic rights. It commences with a history of the Juvenile Justice legislation in India right from the Children’s Act of 1960s to the current Juvenile Justice (Care and Protection of Children) Act, 2015. The barriers faced in the administration and implementation of the Juvenile Justice legislation throughout its evolution to its present stage is discussed in detail. How the law deals with children in need of care and protection and children in conflict with law are discussed in this chapter. Landmark judgements by courts and suggestions for further law reform are included. This chapter also contains international law relating to administration of juvenile justice, and United Nations guidelines in matters in matters involving child victims and witnesses of crime including UN Guidelines on Alternative Care of Children. Some civil society interventions are also included.


2018 ◽  
pp. 603-612
Author(s):  
Serhii Esaulov

The author raises the issue of settling conflicts around the world and discusses modern attempts to establish law and order. Particular attention is paid to the intricate relations between Hungary and Ukraine. With Russia’s aggression against Ukraine there was ruined a system of international relations, which provided for the rule of law, the right to settle disputes without applying military tools, force or threats. Russia initiated a new precedent of impunity, insolent violation of the fundamental norms of international law, and demonstrated the world how the borders may be redrawn as one sees fit and “bring historical justice”. The author notes that one of the reasons for the escalation of the conflict between Hungary and Ukraine has become the language issue. Still, however pity it is, all attempts of the Ukrainian side to resolve conflict matters have appeared to be vane, since Budapest is reluctant to listen to and consider any arguments of Kyiv, being fully distracted by its demand. It is hard to imagine that in civilized “old” Europe, Germany, for instance, would express claims or even threaten France for the fact that pupils in schools of the French region of Alsace (until 1918, its territory formed part of Germany that attempted to annex it at times of the Second World War) are taught in the official language – French, not in the language of the neighbouring country, even though the Alsatian and German languages are equally spoken there. Unfortunately, Hungary seems not to be ready to follow the example of the Franco-German reconciliation in terms of relations with all neighbours, despite the philosophy of its membership in the EU and NATO. The revenge-seeking attitudes of the Hungarian political establishment regarding the revision of borders according to the Versailles and Yalta systems of international relations are constantly boosted in all directions in the neighbouring countries, where ethnic Hungarians live (Romania, Slovakia, Serbia and Ukraine). The so-called “formula of protecting interests of Russian citizens in Crimea and Donbas” adopted from Putin has apparently laid the foundation for the foreign policy strategy of V. Orban. First, as regards the appeal to make the region of ethnic Hungarians’ residence autonomous and subsequently – the appeal to hold a referendum on separation. The author summarizes that along with the political and diplomatic efforts, a substantial role in easing the tension in relations with Budapest should be played by non-governmental organizations and the expert community though holding forums and scientific conferences aiming at discussing the above-mentioned issues. Keywords: Hungary, conflict, Law on Language, geopolitics, strategies, foreign policy, Ukraine.


Author(s):  
Андрій Матвійчук

Сформульовано визначення поняття «міжнародна неурядова організація» (МНУО) як організоване об'єднання представників громадськості різних країн, створене відповідно до національного законодавства для досягнення цілей і завдань розвитку громадянського суспільства й міжнародних відносин, що діє відповідно до загальновизнаних принципів Уставу ООН і норм міжнародного права на території двох і більше держав і володіє консультативним статусом. З’ясовано, що видовими ознаками, які містять у собі: цілі й завдання, характер діяльності, форму організації, наявність консультативного статусу тощо визначається відмінність міжнародної НУО від інших суб'єктів міжнародних відносин. Такі родові ознаки (як от: факт об'єднання людей, наявність постійних органів управління, Статуту тощо) є загальними для всього класу (роду) організацій. Обгрунтовано, що МНУО як учасник міжнародних відносин, є суб'єктом міжнародного права, однак їх правосуб'єктність має функціональний характер, тобто обмежений її консультативним статусом. Продемонстровано, що МНУО є неофіційною сполучною ланкою між національними урядами й міжнародним співтовариством, беруть активну участь у розробці міжнародних стандартів, методів, моделей і співвідносять їхню національну значимість з міжнародно-правовою. Зазначається, що у національному законодавстві України спостерігається тенденція оптимальної розробки питань, що стосуються правового статусу МНУО з огляду на міжнародні принципи й стандарти. Водночас, не можна йти шляхом повного їхнього копіювання, оскільки держава, ґрунтуючись на своєму суспільно-історичному досвіді, досвіді функціонування правової системи, на існуючих суспільних відносинах і своїх національних інтересах, сама має право визначати правовий статус МНУО. Пропонується у змінах до закону «Про неурядові організації» відобразити основну ідею, яка полягає в тому, що неурядові організації є ядром громадянського суспільства, найважливішим фактором розвитку демократичної держави й міжнародних відносин, засобом реалізації громадянами своїх прав і свобод. Matviichuk Andriy V. Activities of international nongovernmental organizations in the legislative and legal space of Ukraine The definition of the concept of "international non-governmental organization" (international NGO) as an organized association of representatives of the public of different countries, formulated in accordance with the national legislation for the achievement of the goals and objectives of the development of civil society and international relations acting in accordance with the generally recognized principles of the Charter of the United Nations and the norms of international law on the territory of two or more states and has consultative status. It was found out that the specific features that include: goals and objectives, the nature of activity, the form of organization, the presence of consultative status, etc., is determined by the distinction of the international NGO from other subjects of international relations. Such generic attributes (such as the fact of association of people, the presence of permanent bodies of government, the Statute, etc.) are common to the entire class (kind of) organizations. It is substantiated that international NGO as a participant in international relations is a subject of international law, but their legal personality is functional, that is, limited by its consultative status. It has been demonstrated that the international NGO is an informal link between national governments and the international community and is actively involved in the development of international standards, methods, models and their national relevance with international legal law. It is noted that in the national legislation of Ukraine there is a tendency for the optimal development of issues related to the legal status of the international NGO, taking into account international principles and standards. At the same time, it is impossible to go through the full copying of them, since the state, on the basis of its socio-historical experience, the experience of functioning of the legal system, in existing social relations and its national interests, has the right to determine the legal status of the Ministry of the Interior. The proposed amendments to the law "On Non-Governmental Organizations" reflect the basic idea that non-governmental organizations are the core of civil society, the most important factor in the development of a democratic state and international relations, as a means of citizens' realization of their rights and freedoms.


Author(s):  
Scott Joanne

This chapter discusses the concept of private and quasi-private standards in the environmental domain. While many of these standards involve the labelling of compliant products, others do not. The chapter begins by defining the concept of private and quasi-private standards, examining their rise and the reasons for this. A standard is considered to be private when the document in question is adopted by one or more non-governmental entities, including for example firms, non-governmental organizations (NGOs), and trade unions. Private standards may be firm- or sector-specific, or they may focus on a particular commodity such as sugar, palm oil, or soy. Meanwhile, the concept of a quasi-private standard is less clear and needs to be carefully defined. The chapter then looks at how these standards interact with international law in a variety of important ways. It also assesses the effectiveness and legitimacy of private and quasi-private standards.


Pólemos ◽  
2019 ◽  
Vol 13 (1) ◽  
pp. 25-42
Author(s):  
Annalisa Ciampi

Abstract This paper explores the power of images vis-à-vis the practice and theory of international law, with a focus on rules of customary international law, i. e. the unwritten general rules of international law, that apply to all states (as well as to non-state actors falling within their scope of application), irrespective of specific acceptance. As Sherwin writes: “We are awash in images.” States, international organizations (IOs), non-governmental organizations (NGOs), insurgents, terrorists and other groups of individuals of all sort, are in the news and our movies, on our TV screens, newspapers, internet and social media. Modern technologies, visual digital technologies, in particular, have a profound impact on the means and speed of communications across the globe and immensely facilitate the task of seeking information of all sort. In international law, images are a means for spreading knowledge about the practice of states and other actors. As with law in general, images are also found to be a valuable resource in explicating the rules of international law. They aid and clarify the analysis of international law and the determination of the existence and content of rules of customary international law. In contemporary international settings, however, modern technologies of visual representation are also a means for influencing the development of international law, i. e. the existence and content of international norms. Moreover, looking at implementation, at no time in history has there been more information available to governments and the public about violations of international norms (particularly, but not exclusively human rights violations): more and more these violations are documented through images. Yet, international law doctrines have failed so far to comprehensively assess the power of images, beyond that of a toolkit for thick cultural description – the power of narrative – and analysis. The present essay offers a contribution in this direction.


1957 ◽  
Vol 11 (1) ◽  
pp. 55-67 ◽  
Author(s):  
Harold Karan Jacobson

One of the significant structural differences between the organization of economic and social work under the League and under the United Nations is the extent to which non-governmental organizations (NGO's) have been allowed to participate. NGO's have been granted far greater privileges in the UN than they enjoyed in the League. Initially, they were formally recognized in Article 71 of the Charter, which gives the Economic and Social Council the right to make “suitable arrangements” for consultation with them. While defined in differing ways during different periods, consultative status under this article has, subject to various conditions, always included the right to participate in the debates of ECOSOC, its commissions and committees, and to propose items for inclusion in their provisional agenda. NGO's have made extensive use of these privileges. Their use, however, as well as the entire record of NGO action in the UN, has been inseparably linked with the cold war. Russian demands at San Francisco for privileges for the newly created, communist-controlled World Federation of Trade Unions (WFTU) were a contributing factor in the decision to include Article 71 in the Charter. The initial definition of this article resulted primarily from the interaction of pressures by the Soviet Union and the WFTU and the western response.


Author(s):  
İsmail Güneş

Developing countries need energy supply. Turkish economy is one of the most dynamic in the region. The consumption of electric power in the country is growing rapidly. But the price of electric energy in Turkey is one of the detrimental factors. Of all the neighboring countries, Turkey has one of the highest prices for electric energy. While some academicians and non-governmental organizations supported the Turkish government's plans for establishment of nuclear power plants in Turkey, some others opposed it. Due to increased energy demand, Turkey is continuing to explore the possibilities of introducing nuclear power. Gaining acceptance from local populations, however, may be problematic because nuclear power has a negative image and risk perceptions are complicated by a range of psychological and cultural factors. The main aim of this work is to investigate Turkey's nuclear preferences is it right. We will discusses the Akkuyu nuclear energy projects, market trends and analysis. In addition we will look at Turkey’s nuclear energy policies.


2020 ◽  
pp. 137-155
Author(s):  
Nadiia CHUDYK-BILOUSOVA

The concept of a social assistance agreement, its parties and purpose, which depends on the type of agreement, is defined. The system and mechanisms of concluding social assistance agreements as a basis for the formation of a non-state social security system are studied. The legislation does not contain a single list and mechanics of conclusion and execution. Under a social assistance agreement, the recipient, as a person in difficult life circumstances that he or she cannot overcome or mitigate on his or her own, may receive material benefits or other intangible benefits at the expense or with the participation of the provider under certain conditions. The purpose of concluding a contract is to assist in overcoming or mitigating difficult life circumstances at the expense of the provider's funds or property, or by raising funds or the provider's property, using non-state social security funds for a certain period. A person in need of social security has the right to use the assistance of a charitable organization in the form prescribed by law. On the basis of the agreement it is possible to receive services from volunteers and the volunteer organization. The probation volunteering contract is concluded to achieve the goal set by law, so it is advisable to set clear requirements for the probation volunteer. It is substantiated that the content of the inheritance agreement may stipulate the provision of social security to the alienator on the terms specified in the agreement. It is established that social security for children in difficult life circumstances can be provided by concluding social assistance agreements. The expediency of applying a foster care agreement to a child who has suffered from human trafficking, who has lost his or her parents or whose parents are unable to perform their duties due to health or other reasons in order to ensure that he or she is provided with social security under the conditions specified by law. The expediency of applying a foster care agreement for the immediate provision of family care for a child for a period when his family status is uncertain is indicated. It is substantiated that the purpose of the agreement on the placement of a child in foster care and cohabitation in a foster family is to provide him with social security and create conditions for learning and development. It is established that the purpose of the agreement on the establishment of a family-type orphanage is to guarantee the provision of social services and state assistance. On the basis of the conducted research the expediency of normative fixing of the standard form of the contract on rendering services of the municipal nanny that will promote coordination of interests of the parties of this contract and protection of their rights is proved. Keywords: contract, social assistance contract, purpose of contract, parties to contract, difficult life circumstance.


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