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.

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 Legal Status of a Child in Family Legislation of the Russian Federation and CIS: Comparative Legal Analysis

2019 ◽  
Vol 7 (3) ◽  
pp. 82-106
Author(s):  
Natalya Letova ◽  
Igor Kozhokar
Keyword(s):  
Legal Status ◽  
Family Law ◽  
Children's Rights ◽  
Adoptive Parents ◽  
Children’S Rights ◽  
Parental Rights ◽  
Member States ◽  
Dual Citizenship ◽  
The Family ◽  
Independent States

The authors identify characteristic features of how certain children’s rights are exercised under the family law of Russia and the legislation of the Commonwealth of Independent States (CIS). The norms of the CIS family law on children’s rights are specific; they adhere to national cultural traditions and customs that have an impact on the implementation and protection of children’s personal non-property rights. The authors point out that a child, under certain circumstances, can be a carrier not only of the rights and obligations provided for by the family codes of independent States, but also by family law of the CIS. The article points out to the need to define the law applicable to regulating relations where the participants have different or dual citizenship, or legal facts occurred on the territory of one State that is a member of the CIS. The authors describe a defect in Russian legislation regulating the status of a child with dual citizenship. The problem of legislative consolidation of the concept of proper upbringing of a child is addressed, as are ways that children may undertake self-protection of their rights granted in CIS member States. One peculiarity of the family codes of CIS member States is the norms regulating a child’s participation in personal non-proprietary and proprietary relations. Special attention is paid to alimony payments. Moreover, the authors consider the laws that regulate dissolution of a marriage, as well as how such dissolution affects the legal status of the child. The article focuses on deprivation of parental rights as a radical method of breaking the bond between a child and parents, distinguishing the deprivation of parental rights from their restriction. The authors consider adoption procedures, as well as the legal status of the adopted and adoptive parents. Each problem is considered by using the comparative legal research method.

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 PROFESSIONAL EXPERIENCES OF ON-CALL SPECIALISTS IN THE FIELD OF VIOLATIONS OF CHILDREN’S RIGHTS

2020 ◽  
Vol 1 (10) ◽  
pp. 46
Author(s):  
Daiva Malinauskiene ◽  
Aistė Igorytė
Keyword(s):  
Qualitative Research ◽  
Children's Rights ◽  
Protection System ◽  
Children’S Rights ◽  
Daily Activities ◽  
Child Rights ◽  
Violence Against Children ◽  
Professional Experiences ◽  
Rights Protection ◽  
The Family

<p>The article analyses the content of the activity of child rights protection on-call specialists, their experiences related to the representation of the child and his/her interests. In Lithuania, this position is new and it emerged after the reform of the child rights protection system, which was caused by the increase in cases of violence against children, which resulted in their death several times. The activity of on-call specialists is focused on making quick decisions in response to reports of violations of children’s rights in the family and society.</p><p>Qualitative research revealed the experience of on-call specialists in relation to the assessments of violations of children’s rights in daily activities and the reactions of parents/ guardians to the assistance provided by on-call specialists.</p>

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 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.

Sign in / Sign up

Export Citation Format

Share Document