The Family and the Rights of the Child in International Law

1995 ◽  
pp. 67-116
Keyword(s):  
International Law ◽  
Rights Of The Child ◽  
The Family

scholarly journals Family Rights of the Child and Their Legislative Support

2021 ◽  
Vol 39 (71) ◽  
pp. 205-223
Author(s):  
Vitalii M. Cherneha ◽  
Liudmila V. Kuznetsova ◽  
Oleh V. Fedorchenko ◽  
Olena A. Kaminska ◽  
Sergіі V. Bezpalko
Keyword(s):  
International Law ◽  
Legal Status ◽  
State Level ◽  
Free Expression ◽  
Practical Implementation ◽  
Rights Of The Child ◽  
Legal Relationship ◽  
Parents And Children ◽  
The Family ◽  
Legislative Support

The objective of the study was to identify the legal mechanisms for the protection of the family rights of the child and to outline the main problems of their implementation. The child's family rights system was found to contain the child's intangible basic rights, which establish his or her legal status in the family. This system includes the child's right to life, name, citizenship, knowledge of his parents, care of parents, coexistence with parents, preservation of his identity and citizenship, free expression of his own views. It states that the protection of the family rights of the child and the legal relations of parents and children is based on four principles. It is determined that the practical solution of issues related to the exercise of the family rights of the child is regulated by international law, which makes it possible to resolve issues related to the legal relationship between parents and children at the inter-State level. It is concluded that perspectives on legislative support for the family rights of the child demand further empirical research, as well as a theoretical and methodological justification for determining the legal mechanisms of their practical implementation.

scholarly journals Criminal responsibility for recruiting children for use in armed actions (A comparative study)

2020 ◽  
pp. 86-114
Author(s):  
نوفل علي عبد الله الصفو ◽  
إيمان الطائي
Keyword(s):  
International Law ◽  
Criminal Responsibility ◽  
Future Generation ◽  
Legal Authority ◽  
Armed Groups ◽  
Raising Children ◽  
Rights Of The Child ◽  
The Family ◽  
The Future ◽  
Special Protection

The recruitment of children into armed activities is a dangerous phenomenon that affects societies in their security, safety and maintenance of their future by raising children on the concepts of killing and sabotage as they are the future generation of the future, as the child sometimes resorted to carrying out armed actions of his choice because of the economic disability of the family or to provide protection from the oppression of armed groups for members of his family Or to be recruited by someone who takes care of his upbringing and care, or for him to be forcibly recruited, such as kidnapping or coercion practiced by armed groups against the child, as the search for criminal responsibility for the recruitment of children for use in armed actions is an important topic that has not come C. Criminal laws are a matter of child recruitment. Rather, this crime is stipulated in international law under the Convention on the Rights of the Child of 1989. Therefore, states must provide special protection for children to prevent their exploitation or abuse or prevent serious and inhuman violations that affect them, such as their recruitment into armed actions, whether by others or not. By whoever has legal authority over him.

Rights of the Child

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Civil Society ◽  
International Law ◽  
Legal Framework ◽  
Civil Society Organizations ◽  
Legal Definition ◽  
Rights Of The Child ◽  
The Government ◽  
Definition Of

The chapter commences with the change in the perspective and approach relating to children from welfare to rights approach. It then deals with the legal definition of child in India under various laws. It gives a brief overview of the present legal framework in India. It states briefly the various policies and plans, and programmes of the Government of India related to children. International law on the rights of the child is enumerated and a summary of the important judgments by Indian courts are also included. The chapter ends with pointing out the role of civil society organizations in dealing with the rights of the child and a mention of challenges ahead.

Legal problems of the paternity institution: Child's rights ensuring issues

2020 ◽  
pp. 267-286
Author(s):  
Mikhail A. Gussev ◽  
Yessil S. Rakhmetov ◽  
Aliya K. Berdibayeva ◽  
Ainash Yessekeyeva
Keyword(s):  
Human Rights ◽  
Gender Identity ◽  
Family Law ◽  
Public Law ◽  
Practical Significance ◽  
Social Constructs ◽  
Social Forms ◽  
Rights Of The Child ◽  
Legal Problems ◽  
The Family

The aim of the article is to analyze the paternity as a component of the institution of the family, its modern transformations and the resulting challenges, including modern features of parenthood. The authors show that the modern understanding of paternity is determined by gender identity and social constructs that equalize the rights of all persons who act as guardians of the child. The authors determine that the problem of paternity involves not only civil issues, but also family and in-ternational law. The authors of the article clearly show that paternity can act not only as a voluntary, conscious act, but also as a mandatory legal norm. In particu-lar, the authors note that it is possible to use the method of establishing paternity or delegating part of the authority to raise a child in the context of considering public law and its prevalence over family law. The practical significance of the study is determined by the fact that the importance of establishing the principles, as well as the legal conditions for implementing the functions of paternity, will form not only legal but also social forms and even economic parameters for citi-zens and address issues of ensuring human rights, including the rights of the child.

Family Justice, “Asian Values” and the Politics of Ambivalence in Singapore

2018 ◽  
Vol 46 (4-5) ◽  
pp. 467-483
Author(s):  
Daniel P.S. Goh
Keyword(s):  
Nuclear Family ◽  
Family Values ◽  
Policy Changes ◽  
Asian Values ◽  
Related Family ◽  
New Family ◽  
Rights Of The Child ◽  
The Family ◽  
Family Types ◽  
Discursive Field

Abstract In recent years, Singapore made significant reforms towards the establishment of a dedicated family justice system, setting up the Family Justice Courts and enacting new laws to better manage the divorce process and the protection of children. Related policy changes have also been implemented to provide and support families that were previously considered non-traditional and even deviant. Rhetorically, the state, led by the long-ruling People’s Action Party, continues to champion the modern nuclear family with heterosexual marriage at its core as the normal “traditional” form of the family and the bedrock of conservative “Asian values” defining society and politics in Singapore. However, what the judiciary espouse as the new family justice paradigm and the related family justice practices, together with the shifts in social policy towards different family types, are changing the texture of the dominant conservatism rallied by “Asian values” discourse. This article locates and analyses the incipient paradigm shift in the rising pluralism of family forms and the influence of international legal developments in protecting the rights of the child and interventionist family law. By attempting to bridge the Weberian chasm of doing sociology as a vocation and doing politics as a vocation (as an opposition Member of Parliament), I show that the family justice paradigm has opened up the discursive field on the family and produce the politics of ambivalence caught between family justice and Asian family values. I argue for a relational family justice paradigm as a way to move beyond the politics of ambivalence.

The Italian Yearbook of International Law

1979 ◽  
Vol 16 ◽  
pp. 342-358
Author(s):  
R. W. Ianni
Keyword(s):  
International Law ◽  
Subject Matter ◽  
Significant Contribution ◽  
Abstract Approach ◽  
The Family ◽  
The Subject

To the impressive list of Italian periodicals on international law led by the prestigious Rivista di Diritto Internazionale there has now been added The Italian Yearbook of International Law, published exclusively in English. Italian scholars have made a very significant contribution to doctrinal developments in international law; however, some of their work has gone unnoticed because Italian is not among the languages in widespread use in international law circles. In addition, Italian scholarship has suffered somewhat from what some consider to be an overly theoretical or abstract approach to the subject matter. While it is always a noteworthy occasion to welcome a new member into the family of international law yearbooks, the advent of the Italian yearbook is particularly noteworthy, contributing as it does to the accessibility of a broad range of material and learned comment. It is appropriate, therefore, that the first issues of The Italian Yearbook of International Law receive extended comment in the pages of this Yearbook.

Federal/State Responsibility for Child Welfare Services

1984 ◽  
Vol 9 (2) ◽  
pp. 26-27
Author(s):  
Susan M. Griffin
Keyword(s):  
Child Welfare ◽  
State Government ◽  
Family Policy ◽  
Federal State ◽  
Final Report ◽  
Raising Children ◽  
Rights Of The Child ◽  
The Family ◽  
Major Review ◽  
Set Up

In Victoria at the present time a major review is being undertaken into child welfare practice and legislation. The importance of this task is two-fold. Not only do children have to gain from a sensitive and workable final Report, but families too could find that they will be offered the support they need to assist in the difficult task of raising children today. It is hoped that the Review Committee will not concentrate solely on the rights of the child, but will also give due recognition to the rights of the family to a caring and protective environment.The Victorian Government was the first state government to adopt a family policy approach to dealing with the child. This was confirmed by the Norgard Report (1976) and formed the basis of a submission by the Victorian Minister of Social Welfare to the Federal Minister of Social Security (1977) which culminated in the Family Support Services Scheme being set up the following year. This joint federal/state program officially recognised the interaction of children’s rights and needs with those of their parents.

A STEP TOO FAR? THE JOURNEY FROM “BIOLOGICAL” TO “SOCIETAL” FILIATION IN THE CHILD'S RIGHT TO NAME AND IDENTITY IN ISLAMIC AND INTERNATIONAL LAW

2019 ◽  
Vol 34 (3) ◽  
pp. 383-407 ◽  
Author(s):  
Shaheen Sardar Ali
Keyword(s):  
International Law ◽  
Islamic Law ◽  
Legal Traditions ◽  
Rights Of The Child ◽  
State Practice ◽  
Legal Position ◽  
The Subject ◽  
Rights Discourse ◽  
Muslim Communities ◽  
Human Rights Discourse

AbstractThis socio-legal narrative investigates the journey from “biological” to “societal” filiation undertaken by Islamic and international law regimes in their endeavors to ensure a child's right to name and identity. Combining a discussion of filiation—a status-assigning process—with adoption and kafāla (fostering) as status-transferring mechanisms, it highlights a nuanced hierarchy relating to these processes within Muslim communities and Muslim state practices. It questions whether evolving conceptions of a child's rights to name and identity represent a paradigm shift from “no status” if born out of wedlock toward “full status” offered through national and international law and Muslim state and community practices. The article challenges the dominant (formal, legal) position within the Islamic legal traditions that nasab (filiation) is obtainable through marriage alone. Highlighting inherent plurality within the Islamic legal traditions, it demonstrates how Muslim state practice and actual practices of Muslim communities on the subject are neither uniform nor necessarily in accordance with stated doctrinal positions of the juristic schools to which they subscribe. Simultaneously, the paper challenges some exaggerated gaps between “Islamic” and “Western” conceptions of children's rights, arguing that child-centric resources in Islamic law tend to be suppressed by a “universalist” Western human-rights discourse. Tracing common threads through discourses within both legal traditions aimed at ensuring children a name and identity, it demonstrates that the rights values in the United Nations Convention on Rights of the Child resonate with preexisting values within the Islamic legal traditions.

scholarly journals The Legal Conundrum in the Implementation of the Convention on the Rights of the Child in Nigeria

2021 ◽  
Vol 5 (1) ◽  
pp. 1
Author(s):  
Ibrahim Danjuma ◽  
Karatu Afabwaje Joel
Keyword(s):  
International Law ◽  
Child Rights ◽  
National Assembly ◽  
Binding Force ◽  
Full Compliance ◽  
Rights Of The Child ◽  
International Laws ◽  
United Nations Convention ◽  
The Law ◽  
Global Agency

International law or treaty binds a state where such state signed, ratified acceded or domesticated same. In a monist State, ratification alone suffices for the international law or treaty to become binding whereas, in a dualist State, domestication as a condition must have complied. It is because of the peculiarities within various nations' legal systems (Monist or Dualist system). In 1989, The United Nations Convention on the Rights of the Child (UNCRC), an international human rights instrument came into force. Since its domestication as the Child Rights Act (CRA 2003) in Nigeria by the National Assembly, only about 24 States have enacted the law for onward enforcement. Nigeria is a nation which became independent in the year 1960 comprising now of 36 states and Abuja as its Federal Capital Territory all under the Federal Government. Since its domestication as the Child Rights Act (CRA 2003) in Nigeria by the National Assembly, many States have enacted the law for onward enforcement. However, few states are yet to comply and raise a question as to whether the said CRC has a binding force in all the States of the Federation. This study aims to examine the extent of how the UNCRC and CRA are being enforced in Nigeria. This study's research methodology is purely doctrinal, where library materials such as books, articles from journals, and online articles have been carefully selected and analyzed for this research. This paper recommends establishing a global agency or organ that should be saddled with the responsibility of ensuring full compliance and enforcement of international laws or treaties.

scholarly journals Unchained freedom in cyberspace: a new danger for children’s rights

2020 ◽  
pp. 391-395
Author(s):  
Shahin Sabir Mammadrzali
Keyword(s):  
Moral Development ◽  
International Law ◽  
Children's Rights ◽  
Children’S Rights ◽  
The Internet ◽  
State Control ◽  
Entertainment Education ◽  
Child Rights ◽  
Digital Rights ◽  
Rights Of The Child

The article is dedicated to the harm of cyberspace over children's digital rights in the Internet and introduces conclusions for better defeating digital violations. Digital violations against child rights exist in various forms. Although violation of children's digital rights is the reality of current life, still there is no unified and well-developed system of solutions to restrict freedom in cyberpace. Cyberspace opens new borders for entertainment, education, cultural and moral development of children. Yet, possible difficulties arise when it comes to suitable child rights. Children's digital rights is significantly more complex and multifaceted. Few norms in international law can be found for the regulation of cyberspace and the digital rights of children in this new medium. The content and scope of digital rights of children have not been defined yet. Thus, systemic international and national cyberspace mechanisms relating to the rights of the child should be created on the basis of state control.

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