scholarly journals Family Life for Children in State Care

2020 ◽  
Vol 28 (4) ◽  
pp. 715-747
Author(s):  
Clarie Breen ◽  
Jenny Krutzinna ◽  
Katre Luhamaa ◽  
Marit Skivenes
Keyword(s):  
Family Life ◽  
Foster Parents ◽  
Limited Extent ◽  
Best Interest ◽  
Family Unit ◽  
Theoretical Literature ◽  
Biological Parents ◽  
The Family ◽  
The Status ◽  
The Right

Abstract This paper examines what set of familial circumstances allow for the justifiable interference with the right to respect for family life under Article 8, echr. We analyse all the Courts’ judgments on adoptions from care to find out what the Court means by a “family unit” and the “child´s best interest”. Our analysis show that the status and respect of the child’s de facto family life is changing. This resonates with a view that children do not only have formal rights, but that they are recognised as individuals within the family unit that states and courts must address directly. Family is both biological parents and child relationships, as well between children and foster parents, and to a more limited extent between siblings themselves. The Court’s understanding of family is in line with the theoretical literature, wherein the concept of family reflects the bonds created by personal, caring relationships and activities.

scholarly journals O Direito de Visita de Crianças e Adolescentes no Sistema Prisional Brasileiro

2015 ◽  
Vol 10 (3) ◽  
Author(s):  
Giovanna Rossetto Magaroto Cayres ◽  
Viviane Boacnin Yoneda Sponchiado
Keyword(s):  
Children And Adolescents ◽  
Family Life ◽  
Prison System ◽  
Fundamental Rights ◽  
Social Relevance ◽  
Family Ties ◽  
Family Unit ◽  
The Social ◽  
The Family ◽  
The Right

O DIREITO DE VISITA DE CRIANÇAS E ADOLESCENTES NO SISTEMA PRISIONAL BRASILEIRO  CHILDREN’S AND TEENAGERS’ VISITING RIGHTS IN BRAZILIAN PRISON SYSTEM  Giovanna Rossetto Magaroto Cayres*Viviane Boacnin Yoneda Sponchiado** Resumo: O presente artigo trata da Lei nº 12.962/2014, que diz respeito ao direito à convivência de crianças e adolescentes com os pais privados de liberdade. Justifica-se a pesquisa pela relevância social da questão, que envolve a ressocialização de presos e a manutenção de laços familiares. Como objetivo, pretende-se conciliar dogmaticamente os direitos e deveres decorrentes da Lei de Execução Penal com os decorrentes do Estatuto da Criança e do Adolescente. Para tanto, abordamos os aspectos principais da nova legislação, colocando a convivência familiar de crianças e adolescentes no cerne da proteção da entidade familiar. Sendo assim, observa-se neste trabalho que a Lei nº 12.962/2014 assegura a efetividade dos direitos fundamentais previstos na Constituição Brasileira, principalmente no tocante ao direito à convivência familiar das crianças e adolescentes e também àqueles que vivem no sistema carcerário, constatando-se que as tentativas de ressocializar e de reinserir socialmente os presidiários, bem como a promoção do convívio com a família, são as principais ações para tentar evitar a reincidência. Palavras-chave: Sistema Prisional Brasileiro. Direito de Visita de Crianças e Adolescentes. Direito à Convivência Familiar. Abstract: This paper deals with Statute No. 12962 / 2014, which concerns the right to family life of children and adolescents with their arrested parents. This research if justified by the social relevance of the issue, which involves the rehabilitation of prisoners and the preservation of family ties. As an objective, it is intended to dogmatically reconcile the rights and duties arising from the Penal Enforcement Laws with those arising from the Statute of Children and Adolescents. To this end, we discuss the main aspects of the new legislation, placing the family life of children and adolescents at the heart of protecting the family unit. Thus, it is noted in this paper that Statute No. 12962 / 2014 ensures the effectiveness of the fundamental rights provided for in the Brazilian Constitution, particularly as regards to the right to family life of children and adolescents and also to those living in the prison system, noting that attempts to re-socialize and to reintegrate socially the inmates, as well as the promotion of family life, are the main actions to try to prevent a recidivism. Keywords: Brazilian Prison System. Children’s and Teenagers’ Visiting Rights. Right to Family Life.* Mestranda em Teoria do Direito e do Estado pelo Centro Universitário Eurípides de Marília – UNIVEM.** Delegada da Polícia Civil do Estado de São Paulo e mestranda em Teoria do Direito e do Estado pelo Centro Universitário Eurípides de Marília - UNIVEM.

"MOTHER, SHOWING NO SPECIAL AFFECTION FOR YOU, WRITES TO YOU VERY FRIENDLY". COUNT V.A. MUSIN-PUSHKIN'S PRE-WEDDING LETTERS TO HIS BRIDE

2020 ◽  
pp. 59-75
Author(s):  
Yuliya V. Kim ◽  
Keyword(s):  
Everyday Life ◽  
Family Life ◽  
Married Couple ◽  
State Archive ◽  
Human Relations ◽  
Russian State ◽  
The Family ◽  
The Status ◽  
Traditional Patterns ◽  
Power Hierarchy

The article presents two letters from V.A. Musin-Pushkin which he wrote to his bride shortly before the wedding in 1828 (the letters are kept in the Russian State Archive of Ancient Acts). The text of the letters reflects the context of the time and everyday life, the system of views and the peculiarities of the worldview of a young aristocrat, the specific features of intra-family interaction in the field of feelings, marriage, human relations which inevitably turn out to be associated with the concepts of the family honor, family duty, the need to preserve the status of a noble family. The author traces how the power hierarchy is manifested at the level of relations within a close circle of relatives, as well as how traditional patterns are combined with new elements. Vladimir Alekseevich Musin-Pushkin, the youngest son of the archaeographer Count A.I. Musin-Pushkin, was arrested in connection with the case of the Decembrists, transferred from the Guards to the army and exiled to serve in Finland, where he met his future wife, Emilia Karlovna Shernval von Wallen. The article provides details of the family life of this married couple, as well as private facts from the biography of some other members of the Musin-Pushkin family.

Right to Parental Care

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Law Reform ◽  
Best Interest ◽  
Family Courts ◽  
Custody Of Children ◽  
The Family ◽  
Shared Parenting ◽  
The Right ◽  
A Minor ◽  
And Control ◽  
Physical Care

Custody refers to the physical care and control of a minor whereas guardianship is a wider term and includes rights and duties with respect to the care and control of minor’s person and property, and includes the right to make decisions relating to the minor. The present legal regime relating to guardianship and custody of children is discussed, including the Guardians and Wards Act, 1890, the Hindu Minority and Guardianship Act, 1956, the personal and matrimonial laws, and relevant provisions in the Family Courts Act and Protection of Women against Domestic Violence Act, 2005. The emerging concepts of shared parenting, joint custody, and the interparental child removal or abduction of child is included. There is review and analysis of some major reported judicial decisions. A comparative survey of international laws and trends has been done. Suggestions for law reform in the best interest of the child have been given.

scholarly journals Akibat Hukum dalam Pewarisan dari Pelaksanaan Pengangkatan Anak oleh Orang Tua Tunggal

2020 ◽  
Vol 1 (2) ◽  
pp. 181-185
Author(s):  
Condro Putri Dewi Hartaka
Keyword(s):  
Foster Parents ◽  
Birth Certificate ◽  
Single Parents ◽  
Foster Child ◽  
Whole Person ◽  
The Family ◽  
The Right ◽  
To Receive ◽  
The Relationship ◽  
General Adoption

The child is the mandate of the Grace Of God Almighty, and inside there is something that is attached as the dignity and status as a whole person. Along with the time on it right now is the mindset of society as it advances and growing, such as the parents who are unable to finance the future of the child and that’s why the purpose of adoption the child is not only to get the child but also for the welfare of children. And in Indonesia allow the implementation of the adoption by single parents, a woman or a man who is not married and who have been married but no longer bound in wedlock (widow or widower). Adoption of the child by single parents can only be done by the Citizens Of Indonesia after obtaining permission from ministers and the granting of permission can be ordered to agencies in the province. Adoption by single parents same thing with the adoption of children by parents in general. Adoption does not cause the relationship between children with real parents to be disconected, because most of the child who is in was from the family. Adoption of the child must be listed in a birth certificate, by not eliminate the identity of the beginning. Foster child are entitled to receive heir from the foster parents and also have the right heir from the real parents.

儒家如何看待脱離婚姻的生育行為——由單身女性「凍卵」問題引發的法律與倫理討論

2019 ◽  
Vol 17 (1) ◽  
pp. 29-47
Author(s):  
Jie BAI
Keyword(s):  
Marriage Rate ◽  
Single Women ◽  
Confucian Ethics ◽  
Single Woman ◽  
Digital Commons ◽  
The Family ◽  
Conservative Policy ◽  
The Status ◽  
The Right ◽  
Reproductive Activities

LANGUAGE NOTE | Document text in Chinese; abstract also in English.近年來得益於女性地位的提升與名人效應，單身女性凍卵問題日趨成為社會輿論關注的焦點，由此也引發了法學界對單身女性生育權的討論。然而，單身女性凍卵不僅僅是一個法律議題，更是一個倫理問題。不僅法律和法規的制定和修訂中多有涉及對倫理的關照，凍卵的臨床實踐中也廣泛存在對倫理的考量。在結婚率和生育率持續走低當下社會，相當一部分單身 女性選擇凍卵的動機是希望脱離婚姻而進行自主的生育行 為。值得深思的是，東亞的儒教國家對輔助生殖的使用限制最為嚴格、政策最為保守。本文試圖通過分析儒家會如何看待脱離婚姻的生育行為，來探討儒學倫理對單身女性凍卵抱有怎麽樣的態度、能夠帶來怎麽的啟示。本文認為，儘管在法律維度上應該肯定單身女性擁有生育權，但在倫理層面上，脱離婚姻的生育行為應該極為審慎，因為其有違儒家倫理中對家庭秩序的看重，同時也讓“雙親撫育”難以得到實現。In recent years, thanks to the promotion of the status of women and the celebrity effect, the issue of the frozen eggs of single women has become a focus of public opinion, leading to discussion of the reproductive rights of single women in the legal arena. However, single women's frozen eggs are also an ethical issue. The laws and regulations not only involve ethics, but also ethical considerations in the clinical practice of frozen eggs. In today's society, in which the marriage rate and fertility rate continue to decline, many single women choose to freeze their eggs to distinguish between reproductive activities and marriage. It is worth thinking about the fact that Confucian East Asia has the strictest restrictions and most conservative policy on the use of assisted reproduction. This paper explores how Confucian ethics have a different position on single women’s frozen eggs by analyzing how Confucianism views fertility behaviors that are separated from marriage. It argues that although it is certain that a single woman has the right to give birth in the legal dimension, ethically, the procreative behavior of marriage should be taken with caution, as it violates the Confucian ethic of the family order by making parental care more difficult.DOWNLOAD HISTORY | This article has been downloaded 45 times in Digital Commons before migrating into this platform.

Family Formation and Parenthood

2020 ◽  
pp. 220-254
Author(s):  
Claire Fenton-Glynn
Keyword(s):  
Family Life ◽  
Family Formation ◽  
Same Sex ◽  
Same Sex Couples ◽  
New Methods ◽  
New Family ◽  
The Family ◽  
Reproductive Techniques ◽  
The Right ◽  
The Way

This chapter examines the interpretation of ‘family life’ under Article 8 and the way that this has evolved throughout the Court’s history. It contrasts the approach of the Court to ‘family life’ between children and mothers, with ‘family life’ between fathers and children, noting the focus of the Court on function over form. It then turns to the establishment of parenthood, both in terms of maternity and paternity, as well as the right of the child to establish information concerning their origins. Finally, the chapter examines the changing face of the family, considering new family forms, including same-sex couples and transgender parents, as well as new methods of reproduction, such as artificial reproductive techniques and surrogacy.

How Substance Problems Affect the Family Unit

2019 ◽  
pp. 72-78
Author(s):  
Dennis C. Daley ◽  
Antoine Douaihy
Keyword(s):  
Family Member ◽  
Family Life ◽  
Family Members ◽  
Emotional Pain ◽  
Loved One ◽  
Family Unit ◽  
The Family

A family unit is a system in which various parts have an impact on other parts. This chapter looks at how families, concerned others, and friends are affected by a loved one’s SUD. Any family member may be hurt by a loved one with an SUD. The effects may vary among families and among members within the same family, but emotional pain and disruption of family life are common. Attention often centers on the member with the SUD, while overall family pain and distress are ignored. Individuals with SUDs often “underfunction,” which means that other members of the family have to pick up the slack and “overfunction.” This dynamic may change how family members communicate or relate to one another. The effects on families vary from mild to severe—in which a family is torn apart by an SUD.

Art.23 Respect for Home and the Family

2018 ◽  
Author(s):  
Fiala-Butora János
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Intimate Relationships ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
The Family ◽  
United Nations Convention ◽  
The Right

This chapter examines Article 23 of the United Nations Convention on the Rights of Persons with Disabilities. The right to family life and its various components have long been recognized by international human rights law and in regional human rights instruments. Despite this long tradition of protecting the family in human rights law, persons with disabilities have long been subject to serious violations of their right to family life. The prevailing stereotype has considered persons with disabilities asexual, which has led to the denial of their sexual autonomy. The right to family life also encompasses all forms of relationships and parenthood. To be truly equal members of society, persons with disabilities must achieve equality of opportunity in these areas as well. This requires significant attitudinal change, empowerment, dismantling of barriers, and support to experience intimate relationships.

scholarly journals The Fundamental Human Right to Marry and to Family Life and their Protection in the Legal Framework of the Republic of Macedonia

2017 ◽  
Vol 7 (1) ◽  
Author(s):  
M.Sc. Albana Metaj-Stojanova
Keyword(s):  
Family Life ◽  
Nuclear Family ◽  
Legal Framework ◽  
Human Right ◽  
Family Structures ◽  
Degree Of Protection ◽  
Republic Of Macedonia ◽  
The Family ◽  
The Republic ◽  
The Right

The right to family life is a fundamental human right, recognized by a series of international and European acts, which not only define and ensure its protection, but also emphasize the social importance of the family unit and the institution of marriage. The right to family life has evolved rapidly, since it was first introduced as an international human right by the Universal Declaration of Human Rights (UDHR). The family structure and the concept of family life have changed dramatically over the last few decades, influenced by the everchanging social reality of our time and the decline of the institution of marriage. Aside from the traditional European nuclear family composed of two married persons of opposite sex and their marital children, new forms of family structures have arisen. LGTB families are at the centre of the ongoing debate on re-defining marriage and the concept of family life. The aim of this paper is to analyse the degree of protection accorded to family life and to the right to marry, which has long been recognized as one of the vital personal rights essential to the pursuit of happiness by free men by both, international acts ratified by the Republic of Macedonia and the legal system of the country. The methodology applied is qualitative research and use of the analytical, historical and comparative methods. The paper concludes that in general Republic of Macedonia has a solid legal framework, in compliance with the international law, that protects and promotes the right to family life.

Markup Fragment in the RuTuBiC Linguistic Corpus. Code-Switching or Lexical Borrowing?

2021 ◽  
pp. 91-104
Author(s):  
Zoya I. Rezanova ◽  
Keyword(s):  
Mother Tongue ◽  
Code Switching ◽  
National Language ◽  
Speech Corpus ◽  
Lexical Borrowing ◽  
The Family ◽  
The Status ◽  
Error Annotation ◽  
Turkic Languages ◽  
The Right

The article presents a solution to one of the problems of special linguistic markup in the RuTuBiC corpus – the Russian Speech Corpus of Russian-Turkic Bilinguals, asso-ciated with error annotation at the lexical level. The corpus includes three subcorpuses representing materials of the Russian speech of Shor-Russian, Tatar-Russian and Khakass-Russian bilinguals. The article presents solutions developed on the basis of all subcorpuses; the illustrative contexts are drawn from the Shor-Russian subcorpus, recordings of interviews with 14 respondents, about 20 hours of sound. The recordings were made during expeditions to Shoria in 2017–2019. Bilingualism of the respondents is defined as early natural bilingualism with the dominance of the second Russian lan-guage, mother tongues are languages of the family heritage. The theoretical basis of the research was works on linguistic contact at the lexical level. Solutions based on the differentiation of lexemes fully mastered by the system of standard Russian and units with the status of borrowings from other subsystems of the national language and other languages are proposed. In the latter case, linguistic and contextual features are distin-guished that oppose lexical borrowing and code-switching. The typical errors singled out at the lexical level are: [LexId] – idiomatic expressions that are not fixed in the standard language (dialectal and vernacular, slang, etc.), they can also be Turkic calques; [LexSem] – general Russian words used in meanings different from those fixed in the normative sources; [LexSemAgr] – violations of the lexical and semantic agreement norms. The units borrowed from the mother tongue of the respondents are located on the scale of transitions from nuclear to borderline. The nuclear units marked with the [Lex] tag are dialectal units, common words, other word usage cases that are outside the standard, as well as borrowings from the Turkic languages that are not included in the dictionaries of standard Russian. On the border “to the left” are borrowings assimilated to different degrees. On the border “to the right” are non-assimilated borrowings and code-switches. The [CodeSw] marks code-switching, insertion of mother tongue elements into Russian speech. The author considers the inclusion of statements as nuclear cases of code-switching, and single lexical inclusions as transitional cases. Code-switching is evidenced by metatext and linguistic proper, primarily phonetic, indicators. There is an insignificant number of both lexical borrowings and cases of code-switching in the speech of the respondents of the RuTuBiC corpus, which depends on the type of bilingualism. The typicality of metatext marking of borrowings and code-switches is determined by the discursive, genre and thematic limitations of the corpus.

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