Children's Rights within the Family – a Croatian View

2009 ◽  
Vol 17 (4) ◽  
pp. 561-583
Author(s):  
Dubravka Hrabar
Keyword(s):  
Legal System ◽  
Family Law ◽  
Children's Rights ◽  
Children’S Rights ◽  
Parental Responsibility ◽  
Crucial Point ◽  
Rights Of The Child ◽  
The Family ◽  
Important Field ◽  
The Many

AbstractSince 1998 children's rights are part of the Croatian legal system, due to the ratification of the UN Convention on the Rights of the Child and their incorporation into family law. Changes to family law that have been made since then deal with the modernization of the legal parent-child relation that aims at mutual parental responsibility and separate children's rights. The crucial point in considering the child's legal and social position is his/her welfare as mentioned clearly in the Family Act. Considering the fact that the family is the natural and most desirable environment for a child, it may be stated that family law is the most important field that embraces the many different needs and rights of all children.

scholarly journals The Principle of Protecting the Best Interests of the Child in Shia Jurisprudence and Iran’s Legal System with Emphasis on Custody (New Understanding of a Traditional Legal Concept)

2019 ◽  
Vol 6 (1-2) ◽  
pp. 67-82
Author(s):  
Seyed Masoud Noori ◽  
Maryamossadat Torabi
Keyword(s):  
Legal System ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
International Treaties ◽  
Best Interest ◽  
Legal Concept ◽  
Rights Of The Child ◽  
The Family ◽  
Made In

In this article, children’s rights will be studied in the Iranian legal system with remarks on its references in the Shia Jurisprudence. One of the main issues regarding children, is their guardianship, custody or tutorship. The Iranian legal system, same as the Shia Jurisprudence, has always kept the best Interest of the child as an essential ground for law making. Referring to court decisions; it is evident that control of the guardianship on the child is limited by the best interests of the child, because this interests is what we are sure to understand from the reason of custody of the child and that this system is designed only to secure child’s best interests since he/she might be incapable to secure his/her interests alone. The Iranian legal system, especially in the family law section is based on the Islamic rules. The main documents in the Shia Jurisprudence in Islam are Quran, Hadith, Consensus and reasoning which will be defined herein. In addition, a more recent review will be made in this study regarding the ratified laws regarding children’s rights and international treaties and conventions while focusing on the Convention on the Rights of the Child even though, Iran joined this convention by having several reservations.

The Best Interests of the Child

2020 ◽  
pp. 203-221
Author(s):  
Wouter Vandenhole ◽  
Gamze Erdem Türkelli
Keyword(s):  
Human Rights ◽  
Family Law ◽  
Children's Rights ◽  
Case Law ◽  
Children’S Rights ◽  
Best Interests ◽  
Rights Of The Child ◽  
European Court ◽  
Elusive Concept

The best interests of the child principle is considered a pillar of children’s rights law and, according to the UN Convention on the Rights of the Child (CRC), is to be a primary consideration in all actions concerning children. Yet best interests is an elusive concept and principle that has no single authoritative definition or description. Internationally and domestically relevant in such diverse areas as family law, adoption, migration, and socioeconomic policymaking, the best interests principle requires flexibility and is best served by a case-by-case approach, as has been recognized by the UN Committee on the Rights of the Child and the European Court of Human Rights. This chapter analyzes relevant international case law and suggests the use of a number of safeguards to prevent such requisite flexibility from presenting a danger of paternalism, bias, or misuse.

scholarly journals Family Support as a right of the child

2020 ◽  
Vol 21 (2) ◽  
pp. 8-26 ◽  
Author(s):  
Patrick Dolan ◽  
Nevenca Zegarac ◽  
Jelena Arsic
Keyword(s):  
Family Support ◽  
Family Environment ◽  
Well Being ◽  
Children's Rights ◽  
Theory And Practice ◽  
Children’S Rights ◽  
Legal Standards ◽  
Rights Of The Child ◽  
The Family ◽  
The Relationship

This paper considers Family Support as a fundamental right of the child. It examines the relationship between the well-being of the child as the core concept of contemporary legal and welfare systems and family as a vital institution in society for the protection, development and ensuring the overall well-being of the child. Considering the fact that international legal standards recognise that children’s rights are best met in the family environment, the paper analyses what kind of support is being provided to families by the modern societies in the exercising of children’s rights and with what rhetoric and outcomes. Family Support is also considered as a specific, theoretically grounded and empirically tested practical approach to exercising and protecting the rights of the child. Finally, international legal standards are observed in the context of contemporary theory and practice of Family Support, while the conclusion provides the implications of such an approach.

scholarly journals Opieka naprzemienna : ocena projektu ustawy (Druk Sejmu VII kadencji nr 3104)

2016 ◽  
pp. 263-273
Author(s):  
Piotr Kroczek
Keyword(s):  
Family Law ◽  
Children's Rights ◽  
Parental Authority ◽  
Children’S Rights ◽  
Legal Regime ◽  
The Family ◽  
A Minor

In its ruling on the divorce, the court rules on joint parental author­ity over a minor child of both spouses. Under the current legal regime, it has become a common practice, that the court delegates the exercise of paren­tal authority to one of the parents, lim­iting the parental authority of the sec­ond parent to specific rights and duties in relation to the child. The proposed amendment to the Act of 25th February 1964 – the Family and Guardianship Code (form 3104) was drafted by the Codification Committee of Family Law that cooperates with the Commissioner for Children’s Rights. The new law intro­duces, co called, an “alternate custody”. The solution is to limit the transgression of the child’s right to be brought up by both parents. The aim of the paper is to evaluate the bill in question.

13. Human Rights, Children’s Rights, and Family Law

Family Law ◽  
2018 ◽  
Author(s):  
Helen Stalford ◽  
Seamus Byrne
Keyword(s):  
Human Rights ◽  
Corporal Punishment ◽  
Family Life ◽  
Family Law ◽  
Children's Rights ◽  
Children’S Rights ◽  
European Convention ◽  
Rights Of The Child

This chapter explores children's rights in the context of family law and family life. It aims to look at family law through the lens of the human rights of children and the associated theoretical, doctrinal, and empirical scholarship. It begins with a brief overview of the international children's rights framework underpinning this area, including the UN Convention on the Rights of the Child and the European Convention on Human Rights. It then points to some of the cultural, legal, and practical obstacles to the protection of children's rights in the context of family law. It also discusses the issue of corporal punishment.

Children's Rights in Hungary in the Aftermath of the Revolution of 1989

2009 ◽  
Vol 17 (4) ◽  
pp. 543-559
Author(s):  
Martha Dóczi
Keyword(s):  
Child Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
European Convention ◽  
Rights Of The Child ◽  
The Family ◽  
Child Adoption ◽  
Human Rights Act ◽  
United Nations Convention ◽  
Family Code

AbstractThe Hungarian Family Act was adopted in 1952 (Act No. VI.1952. on Marriage, Family and Guardianship) and amended on several occasions. Part one of the Family Code contains the regulations relating to marriage. The second part of the family Code summarizes the rules relating to the family (family, child, adoption, maintenance, custody etc.). The third part of the Family Act deals with guardianship. The other legislation regarding the children's rights are the Child Protection Act and the Decree on Guardianship. (Act XXXI/1997 on the protection of children and on the administration of guardianship affairs.) In 1991 and 1993, Hungary adopted provisions both from the United Nations Convention on the Rights of the Child (Act LXIV of 1991) and from the European Convention on Human Rights (Act XXXI of 1993).

The Oxford Handbook of Children's Rights Law

2020 ◽  
Keyword(s):  
Critical Evaluation ◽  
Large Body ◽  
Children's Rights ◽  
Children’S Rights ◽  
Human Beings ◽  
Rights Of The Child ◽  
The Family ◽  
The World ◽  
Challenges And Opportunities ◽  
Evaluation And Assessment

Children’s rights law is a relatively young but rapidly developing discipline. The UN Convention on the Rights of the Child (CRC), the field’s core legal instrument, is the most widely ratified human rights treaty in history. Yet, like children themselves, children’s rights are often relegated to the margins in mainstream legal, political, and other discourses, despite their application to approximately one-third of the world’s population and every human being’s first stages of life. Now thirty years old, the CRC signaled a definitive shift in the way children are viewed and understood—from passive objects subsumed within the family to full human beings with a distinct set of rights. Although the CRC and other children’s rights law have spurred positive changes in law, policies, and attitudes toward children in numerous countries, implementation remains a work in progress. We have reached the state in which more critical evaluation and assessment is needed of both the CRC and the large body of children’s rights law and policies that this treaty has inspired. We have moved from conceptualizing and adopting legislation to focusing on implementation and making the content of children’s rights meaningful in the lives of all children. This book provides a critical evaluation and assessment of children’s rights law, including the CRC. With contributions from leading scholars and practitioners from around the world, it aims to elucidate the content of children’s rights law, explore the complexities of implementation, and identify critical challenges and opportunities for children’s rights law.

scholarly journals HAK PENDIDIKAN ANAK DALAM KELUARGA DALAM PANDANGAN IMAM SYAFI’I DAN RELEVANSINYA DENGAN PENDIDIKAN ANAK USIA DINI DI INDONESIA

2015 ◽  
Vol 14 (1) ◽  
pp. 67
Author(s):  
Atik Wartini
Keyword(s):  
Early Childhood ◽  
Early Childhood Education ◽  
Children's Rights ◽  
Children’S Rights ◽  
Right To Education ◽  
Childhood Education ◽  
Rights Of The Child ◽  
The Family ◽  
The Right ◽  
The Impact

A child’s right to education within the family according to Imam Syafi’i and its significance for early childhood  education in Indonesia This research is based on library research on the rights of the child to education within the family from the viewpoint of Imam Shafi’i, and the impact of his teachings on early childhood education in Indonesia. The study is interesting because the first schools to appear in Indonesia were of the Syafi’i tradition. Imam Syafi’i jurists and ushuliyyin have collections of poems that express the need to develop education in early childhood. Despite this, the theory of children’s education in the school of Imam Syafi’i is under researched. This study examines three research questions. First, how does one undertake a  biography of the thought of Imam Syafi’i and Imam Syafi’i school of thought. Second, what is the concept of children’s rights in the family in the view of Imam Syafi’i. And third, is there reference to  early Childhood education that implies the concept of children’s rights to education in the view of Imam Syafi’i. This study concludes that Imam Syafi ‘i in scientific rihlah is purely academic. Imam Syafi’i also elicits several important ideas on a child’s rights within the family, the right to education and the right to self-expression. Imam Syafi’i schools are relevaant to early childhood education in Indonesia in which these (religious education) schools are widespread.

Children's Rights: Building From a Sense of Fairness. An Interview with Landon Pearson

2014 ◽  
Vol 1 (1) ◽  
Author(s):  
Mónica Ruiz-Casares
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Children's Rights ◽  
Children’S Rights ◽  
25Th Anniversary ◽  
Rights Of The Child ◽  
Time Period ◽  
The World ◽  
United Nations Convention ◽  
The Many

This year marks the 25th anniversary of the adoption of the United Nations Convention on the Rights of the Child (UNCRC). The most widely endorsed human rights instrument, the UNCRC represents a key legislative and advocacy tool to promote and protect children’s rights and, in so doing, to change attitudes towards childhood. Despite the many challenges that remain, children’s rights have transformed our way of looking at children and how children are treated around the world. In Canada, this time period is intimately tied to the figure of Landon Pearson, former Canadian Senator (1994-2005), founder of the Landon Pearson Resource Centre for the Study of Childhood & Children's Rights at Carleton University, and a tireless advocate for children’s rights. In this interview with McGill Professor Mónica Ruiz-Casares, Landon Pearson traces back her interest in children’s rights and children’s voice, and reflects on the UNCRC—the context in which it emerged, its achievements and shortcomings to date, and the opportunities and challenges ahead. She shares her views on leadership and provides advice to researchers and practitioners to advance children’s rights into the future.

Family Conflict and the Rights of the Child—Statutory Recognition—Policy and Practice

1979 ◽  
Vol 4 (4) ◽  
pp. 16-18
Author(s):  
Justice Kemeri Murray
Keyword(s):  
Criminal Law ◽  
Family Conflict ◽  
Family Law ◽  
Civil Law ◽  
Children's Rights ◽  
Policy And Practice ◽  
Rights Of The Child ◽  
The Family ◽  
Marital Breakdown ◽  
The Law

In this the International Year of the Child the law relating to children's rights has come very much under scrutiny. I do not propose in this article to canvass the rights of the child under the Criminal Law but to examine the rights of the child in that area of the civil law which in these days of increasing marital breakdown, (at a rate from between 1 in 7 to 1 in 5 of every marriage in Australia) is most likely to affect him, namely under the Family Law Act.I then want to postulate as to how those rights can be extended and improved both by statutory recognition as well as policy administration.

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