Children’s rights and parents’ rights: Popular attitudes about when we privilege one over the other

Author(s):  
Jill Duerr Berrick ◽  
Marit Skivenes ◽  
Joseph N. Roscoe
EGALITA ◽  
2017 ◽  
Vol 11 (1) ◽  
Author(s):  
Dina Tsalist Wildana ◽  
Irham Bashori Hasba

<p>Marriage at the age of children still occur in some areas. Not only in Indonesia, in some areas is still high number of early marriages. Indonesia has had a regulation on the protection of children. But on the other hand the marriage at the age of children is still high even ranked second in Southeast Asia after Cambodia. This obviously shows that regulation owned does not run optimally. This article will discuss about some children's rights that are violated by the existence of early marriage. Despite showing some of the negative effects of marriage on the age of the child but at the end of this writing offers several formulations so that children in the age of marriage is not so much seized the rights of the child.</p><p>Perkawinan di usia anak masih marak terjadi di beberapa wilayah. Tidak hanya di Indonesia, di beberapa wilayah masih tinggi angka perkawinan dini.Di Indonesia telah memiliki regulasi tentang perlindungan anak. Namun disisi lain perkawinan di usia anak masih tinggi bahkan menduduki peringkat ke 2 se Asia Tenggara setelah Kamboja. Hal ini jelas menunjukkan regulasi yang dimiliki tidak berjalan optimal. Pada tulisan ini akan membahas tentang beberapa hak anak yang dilanggar dengan adanya perkawinan dini. Kendati menunjukkan beberapa dampak negatifdari perkawinan di usia anak namun di akhir tulisan ini menawarkan beberapa formulasi agar perkawinan di usia anak tidak begitu banyak menyita hak-hak anak.</p><p> </p><p align="center"> </p><p> </p>


2016 ◽  
Vol 10 (1) ◽  
pp. 26
Author(s):  
Carla Villalta ◽  
María Josefina Martínez

Resumo:O objetivo deste trabalho é analisar as tensões, disputas e conflitos que surgiram no processo de implementação do advogado da criança na justiça de família Argentina, especificamente na Cidade Autônoma de Buenos Aires e na cidade de La Plata. Para tanto, analisamos casos paradigmáticos - reconstruídos desde o levantamento de registros do tribunal, palestras e entrevistas com vários intervenientes ao longo do nosso trabalho de campo; os vários usos e interpretações que dele emergem a entrada deste ator social na cena judicial. Não pretendemos fazer uma abordagem legalista dos diferentes debates produzidos a partir deste processo de identificação das crianças no campo judicial, que foram identificadas como sujeitos processuais com voz própria. Pretendemos abordar este novo ator social de uma perspectiva social-antropológica e examinar duas tensões recorrentes nas discussões relativas à garantia dos direitos de crianças e adolescentes: a tensão entre público e privado, e que se desdobra em termos de autonomia versus proteção.Palavras-chave: Advogado; Antropologia Legal - pública e privada; Direitos das crianças; Justiça de Família*** Resumen:El objetivo de este artículo es analizar las tensiones, disputas y conflictos que emergieron en el proceso de implementación del abogado del niño en la justicia de familia de la Argentina, específicamente en la Ciudad Autónoma de Buenos Aires y en la ciudad de La Plata. Para ello, a través del análisis de casos paradigmáticos –reconstruidos a partir del relevamiento de expedientes judiciales y de las charlas y entrevistas mantenidas con distintos actores en el transcurso de nuestro trabajo de campo- se indagan los diversos usos e interpretaciones que emergen a partir de la entrada de esta figura en la escena judicial. Lejos de utilizar una lente jurídica para dar cuenta de los diferentes debates producidos a partir de este proceso de individualización de los niños en el ámbito judicial, en el cual han sido recortados como sujetos procesales con voz propia, abordamos esta novedosa figura desde una perspectiva socio-antropológica y examinamos dos tensiones recurrentes en los debates relativos a la garantía de los derechos de niños, niñas y adolescentes: la tensión entre lo público y lo privado, y la que se despliega en términos de autonomía versus protección.Palabras Clave: Antropología Jurídica - Justicia de familia – Derechos de los Niños – Abogado – Público y privado*** Summary: We analyze the tensions, disputes and conflicts that have appeared throughout the implementation of the Child’s Lawyer in Family Justice in Argentina and specifically in the cities of Buenos Aires and La Plata. This article looks into the different uses and interpretations that have emerged with the enforcement of this figure in the judicial scenario and for that purpose we analyze some paradigmatic cases reconstructed during our field work by means of judicial records and interviews and conversations with several actors. Far from resorting to a juridical lens to appreciate the debates around this process of the child individualization, singled out as procedural subject with its own voice in the judicial field, we address this novel figure by means of a socio-anthropological perspective, examining two recurring tensions in the debates around (he and she) children and adolescents rights: those concerning, on one side, public and private and, on the other, autonomy versus protectionKey words: Juridical Anthropology – Family Justice – Children’s rights – Lawyer – Public and private


2021 ◽  
Vol 65 (4) ◽  
pp. 307-326
Author(s):  
Emese Florian ◽  

"For obvious reasons, the child requires protection and is beneficiary of said protection, usually received by his/her parents; on the other hand, he/she possesses wide array of children's rights and freedoms stipulated in international documents and reflected in our domestic law. Parental rights and duties regarding the person and the child's property, generically designated by the phrase ""parental authority"", are impregnated by the rights of the child (I) and circumscribe the exercise of that authority (II)."


Author(s):  
Inta Siliniece

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.


SOEPRA ◽  
2019 ◽  
Vol 5 (1) ◽  
pp. 135
Author(s):  
Azharistya Rahmawati ◽  
Agnes Widanti S ◽  
Suwandi Sawandi

HIV/AIDS is one of health issues that was sensitive to talk about. It related to the unique nature of the disease. HIV/AIDS case factually appeared as an iceberg phenomenon but, in addition, it brought stigma and discrimination that were experienced by the sufferers as well as their families. The number of HIV/AIDS cases, as a matter of fact, increased every year. Although the reported number of HIV/AIDS cases of children were lower than of adults the children, anyhow, were very vulnerable to HIV/AIDS.The objectives of this research was to recognize and describe: 1. the regulations that guarantee rights protection of the children suffering from HIV/AIDS disease at Semarang City, 2. rights fulfillment of the children suffering from HIV/AIDS at Semarang City, 3. Supporting and obstructing factors influencing rights fulfillment of the children suffering from HIV/AIDS disease at Semarang City.This research applied socio-legal aproach and used analytical-descriptive specification. While The data were gathered by having interviews and observation beside library studies. The informants or data resources of this researach consisted of four children suffering HIV/AIDS and/or their guardians.The results of this research showed that there had been some legislations which mandated the guarantee of the children's rights protection. The articles of the legislations, ranging from the Constitution of 1945 to the Acts dealing with  children's rights protection, had supported and strengthened each other. However, there were indeed no regulations or specific guarantee program provided to the children suffering from HIV/AIDS. Actually  the rights fulfillment of the children suffering from HIV/AIDS was factually accomplsihed but it had not been optimal. The supporting factors in efforts of fulfilling the children’s rights were the the fact that there were programs of counseling and socialization of HIV/AIDS and anti-discrimination. The obstructing factor, on the other side, dealt with the budget for HIV/AIDS prevention programs that remained minimal and could not reach the whole area of Semarang City.   


2019 ◽  
Vol 1 (2) ◽  
pp. 87-94
Author(s):  
Arhjayati Rahim

Crimes committed by children in Indonesia has reached its peak it signified the increasing rate of crimes committed by children. A dilemma when it comes to handling the perpetrators of crimes committed by children, on the other hand children are vulnerable creatures and  tend not to be accountable as a result of his actions, on the other hand the child has committed a criminal offense that harm others. That many regulations that have been published  to address the issue. The most recent is the Law No. 11 Year 2012 on child criminal justice system, which emphasizes the process of diversion in solving criminal cases involving children.             Diversion destination is clear in Act No. 11 of 2012 concerning juvenile justice system Article 6 of diversion aims: Achieving peace victims and children, Resolving cases of children outside the judicial process, Protects children from the deprivation of liberty, Encouraging people to participate, Instill a sense of responsibility answer to this Child. Hal accordance with the principle of fulfillment of children's rights. So in this paper will discuss setting How Diversion Law as a form of Human Rights Protection. The existence of a diversion process in some cases of child crime that must be sought, it is hoped that in the future it will provide ideal and comprehensive protection for handling cases of children facing the law so that the fulfillment of children's rights both as victims and perpetrators can be carried out effectively and lead to fulfillment human rights because the truth is that human rights are inherent rights and exist in every human being and must be protected by the state  Keywords : Human Rights , Rights of the Child , Diversion


2018 ◽  
Vol 14 (2) ◽  
pp. 119-126
Author(s):  
Małgorzata Turczyk

Turczyk Małgorzata, Kategoria praw dziecka w refleksji dydaktyki akademickiej [The category of children’s rights in the reflection of academic didactics]. Kultura – Społeczeństwo – Edukacja nr 2(14) 2018, Poznań 2018, pp. 119–126, Adam Mickiewicz University Press. ISSN 2300-0422. DOI 10.14746/kse.2018.14.10. This paper concerns the place and meaning of a new category of children’s rights, which also finds its place in the area of interest of academic didactics. The current approach to human rights in schooling is basically normative, thus, the present academic didactics is challenged to prepare students of education – and teaching – related faculties to confront the issues in the field of children’s rights at work in a professional manner. The paper illustrates an author’s concept of didactics in terms of education to children’s rights at higher schools which was elaborated based of the research on the didactic aspects of children’s rights education for teachers and educationists on the academic level. The following issues were put in question and served as a basis for specific approaches to academic didactics in terms of education on children’s rights: an essence and need for inclusion of content related to children’s rights in academic learning practice, didactic tools at teacher’s disposal and their role in education for children’s rights. On the one hand, the paper presents a discussion on theprofessional preparation of teachers and educationists to face challenges related to protection and promotion of children’s rights within educational environments. On the other hand, it includes an attempt to merge the discrepancy between theory and practice in this field.


2012 ◽  
Vol 20 (1) ◽  
pp. 155-168 ◽  
Author(s):  
Didier Reynaert ◽  
Maria Bouverne-De Bie ◽  
Stijn Vandevelde

Practices in the field of children’s rights presuppose an agreement on what children’s rights are. Consequently, the implementation of more children’s rights is logically better for children. But is this really the case? In this paper, we try to answer this question critically. The problem with this question however is that from the outset, it becomes overshadowed by a highly polarised discussion between what Stammers (2009) calls ‘uncritical proponents’ at the one hand and ‘uncritical opponents’ at the other hand. The former have a blind belief in the obvious positive effects of children’s rights. The latter radically deny the value children’s rights can have in the aim to realise a greater respect for children. Neither positions are constitutive in strengthening the framework of children’ rights since they both start from a ‘consensus thinking’ on children’s rights. What current thinking in children’s rights lacks is “critique”, considered as questioning and analyzing assumptions that are embedded in current practices in the field of children’s rights. In this article, we argue for the development of a tradition of “critical proponents” in children’s rights in a plea for a tradition of ‘critical children’s rights studies’.


2012 ◽  
Vol 20 (1) ◽  
pp. 3-23 ◽  
Author(s):  
Ellen Desmet

From various perspectives, an ambiguous relationship between the Convention on the Rights of the Child and young persons emerges. Given the overlap between the target groups of children’s rights policies and youth policies, the current and potential connections between these two policies are explored, in order to assess whether (further) linking these policies could increase the realization of the rights of young persons. The inquiry is carried out at the international and European level (United Nations, Council of Europe and European Union), on the one hand, and within Flanders (Belgium), on the other. Contrasting results appear, calling for a middle ground in the degree of interconnection between children’s rights policies and youth policies.


2018 ◽  
Vol 26 (2) ◽  
pp. 228-250 ◽  
Author(s):  
Nessa Lynch

Children’s rights scholarship and guidance from human rights bodies has largely ignored the child victim, particularly where the perpetrator of the offence is also a child. This article reviews how provisions of international children’s rights standards deal with such situations, and highlights the lack of evidence on the extent of such victimisation and the experiences of child victims. Using two particular provisions (best interests and participation), it is argued that child victims appear primarily regarded as objects of concern rather than true rights holders. Increased recognition of “the other child” in practice and policy is urged.


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