scholarly journals Tatacara Pemeriksaan Permohonan Dispensasi Kawin Menurut Perma Nomor 5 Tahun 2019 (Analisis Putusan No.0017/Pdt.P/2020/Pa.Lpk)

AL-HUKAMA ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 271-294
Author(s):  
Muhammad Syukri Albani Nasution ◽  
Ali Akbar ◽  
Maimunah Siagian
Keyword(s):  
Social Welfare ◽  
Psychological Perspective ◽  
State Party ◽  
Best Interest ◽  
Rights Of The Child ◽  
Welfare Institutions ◽  
The Right ◽  
Economic Standpoint

Children have the right to choose, whether to marry or not, and when their choice falls to marry, then the biggest thing to be considered is the age, the age that is considered safe and permissible for marriage, from a health perspective, from a psychological perspective, as well as from an economic standpoint. This study aims to see how the judges consideration in deciding marriage dispensation cases, based on the analysis of the judge's decision No.0017 / Pdt.P / 2020 / PA.Lpk. The method used in this research is normative juridical. Indonesia as a State party to the Convention on the rights of the child (Convention on the rights of children) assert, that all actions concerning children undertaken by institutions, social welfare institutions, state or private, courts, administrative authorities or legislative bodies, are implemented in the best interest of the child, to provide protection for children who choose to marry while they are hindered by age

scholarly journals El derecho del menor extranjero a ser escuchado y su interés superior en los procedimientos de repatriación | The Right of foreign child to be heard and the best interests of the child in the return process

2018 ◽  
pp. 1
Author(s):  
Elena Arce Jiménez
Keyword(s):  
Legal System ◽  
Migrant Children ◽  
Best Interests ◽  
Best Interest ◽  
Effective Implementation ◽  
Rights Of The Child ◽  
The Right ◽  
Return Process ◽  
Children Rights

Resumen: Las dificultades para ser escuchado del menor extranjero en cualquier procedimiento que le afecte ponen de relieve las deficiencias generales existentes en nuestro ordenamiento jurídico para hacer efectivos los derechos de los que son titulares las personas menores de edad, sean extranjeras o no. Se analiza en primer lugar el artículo 12 de la Convención de los Derechos del niño, las condiciones imprescindibles para para hacer efectivo el derecho a ser escuchado y la conexión que existe entre ese derecho y la consideración primordial de su interés superior. A continuación se hace un repaso de la regulación española de los procedimientos de repatriación de menores extranjeros no acompañados a la luz del interés superior del menor y su derecho a ser escuchado. Abstract: The current challenges that migrant children face to have their right to be heard fulfilled and respected, put in evidence the general deficiencies of our legal system ensuring  the effective enjoyment of children rights, irrespective if the children in question are migrant or not. At the outset, article12 of the Convention on the Rights of the Child and its content is analysed, including the essential requirements for an effective implementation and enjoyment of the right to be heard and its linkages with the best interest of the child as the primary consideration. An analysis of the Spanish regulations under the return procedures for unaccompanied foreignchildren is also provided in light of the respect of the best interests of the child and their right to be heard.

A Thematic Analysis of the UN Convention on the Rights of the Child (crc) State Party Reporting Mechanisms Related To Physical Education, Physical Activity and Sport

2021 ◽  
Vol 29 (3) ◽  
pp. 765-794
Author(s):  
Gerard Masdeu Yelamos ◽  
Sarah Carney ◽  
Catherine Carty ◽  
Malcom MacLachlan
Keyword(s):  
Physical Activity ◽  
Physical Education ◽  
Interdisciplinary Approach ◽  
State Party ◽  
Human Right ◽  
Documentary Analysis ◽  
Rights Of The Child ◽  
Treaty Body ◽  
Reporting Mechanism ◽  
The Right

Abstract The UN Convention on the Rights of the Child (crc) is the most ratified human rights treaty. In this article, three intimately connected concepts will be explored in relation to the framework of the State Party reporting mechanism related to the UN Convention on the Rights of the Child: physical education, physical activity and sport (pepas). A documentary analysis of three key document types from the Treaty Body reporting mechanisms was undertaken, including State Parties Reports (n = 104), List of Issues (n = 126) and Concerns/Observations and Recommendations (n = 797). There was a very low prevalence of the concepts of physical education, physical activity and, to a greater extent, sport, in these three reports. Seven themes emerged after the qualitative analysis: sport programmes, school-based sport, legislation and policies, key agents, interdisciplinary approach, enablers of sport and miscellaneous. Increased questioning of States with regards to their implementation of the right to sport, the issuance of pepas-based recommendations and guidance on how to achieve these rights from the Treaty Bodies would assist in solidifying understanding of sport as a human right and increase the impetus on States to act for pepas provision.

scholarly journals THE RIGHT EDUCATION IN THE BEST INTERESTS OF THE CHILD

2022 ◽  
pp. 114-117
Author(s):  
V. Dorina
Keyword(s):  
Social Status ◽  
Gender Inequality ◽  
Ethnic Origin ◽  
Best Interests ◽  
Educational Services ◽  
Best Interest ◽  
Right To Education ◽  
Rights Of The Child ◽  
The Right

The article is devoted to ensuring the best interest of the child and his right to education. Attention is paid to the problems associated with the implementation of this right by various groups of children, depending on their social status and ethnic origin. The author draws attention to the implementation of the law under study in the context of the COVID-19 pandemic, which has exacerbated the problems of gender inequality, the quality of educational services, as well as access to them. The need for certain actions on the part of the state is indicated, in particular, making changes to the curricula to bring them in line with the recommendations of the UN Committee on the Rights of the Child in order to realize the right to education of the child from the standpoint of ensuring the best interest.

scholarly journals The Right of child offenders to intermediary assistance in the criminal justice system: A South African perspective

2021 ◽  
Vol 24 ◽  
pp. 1-34
Author(s):  
Mildred Bekink
Keyword(s):  
Criminal Procedure ◽  
Best Interests ◽  
Criminal Proceedings ◽  
Best Interest ◽  
System A ◽  
Rights Of The Child ◽  
African Perspective ◽  
The Republic ◽  
The Right ◽  
International Instruments

The right of a child offender to participate effectively in criminal proceedings is a fundamental aspects of a right to a fair trial and is guaranteed in the Constitution of the Republic of South Africa, 1996 as well as in international instruments, including the United Nations Convention on the Rights of the Child. An arguments is made that ensuring that this right is fully realised at domestic level, allowances should be made for child offenders to be included in the provisions of section170A of the Criminal Procedure Act 51 of 1977. Section 170A makes allowances for the use of an intermediary by witnesses and victims when presenting testimony in criminal proceedings. It is argued that the best interest of the child principles as well as other rights such as the right to dignity and equality enshrined in the Constitution and guaranteed in international instruments warrants the inclusion of child offenders in the enabling legislation. An interpretation and implementation of Section 170A of the Criminal Procedure Act in line with the Constitution and international instruments that gives recognition to the child offender’s vulnerability and enforces the best interests of the child offender is accordingly advocated

scholarly journals An investigation of early childhood education teachers’ attitudes, behaviors, and views regarding the rights of the child

2021 ◽  
Vol 15 (1) ◽  
Author(s):  
Cagla Banko-Bal ◽  
Tulin Guler-Yildiz
Keyword(s):  
Early Childhood ◽  
Early Childhood Education ◽  
Mixed Method ◽  
Children's Rights ◽  
Best Interest ◽  
Childhood Education ◽  
Children’S Learning ◽  
Rights Of The Child ◽  
Teachers Attitudes ◽  
The Right

AbstractThis study investigates the attitudes, behaviors, and views about the rights of the child of early childhood education (ECE) teachers in Turkey. A mixed-method sequential transformative design was used, and 205 ECE teachers’ attitudes towards children’s rights were analyzed using a quantitative questionnaire. Ten of these ECE teachers were then observed, and their views in terms of the rights of children were elicited through interviews. According to the findings, teachers’ attitudes toward the rights of the child were positive; however, their behaviors and views were not compatible with most of these rights. While teachers were sensitive to the right to protection, they did not meet the requirements of the rights to development, growth, and participation or the principles of best interest and non-discrimination. Educating teachers about the rights of the child plays an important role in enhancing children’s learning and the application of these rights. To support these rights, teachers need to properly understand the rights of the child, how to protect them, and how to reflect these rights in their practices.

Treatment of Children as Adults under India’s Juvenile Justice (Care and Protection of Children) Act, 2015

2019 ◽  
Vol 27 (4) ◽  
pp. 757-795
Author(s):  
Swagata Raha
Keyword(s):  
Juvenile Justice ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Best Interest ◽  
International Human Rights ◽  
Rights Of The Child ◽  
Central Argument ◽  
International Human ◽  
The Right ◽  
International Instruments

This article examines whether international human rights law (ihrl) allows States to make exceptions based on the serious nature of the crime alleged and the age of a child accused of an offence. It specifically analyses the compatibility with ihrl of India’s Juvenile Justice (Care and Protection of Children) Act, 2015, which allows children 16 or above and accused of heinous offences to be tried as adults. The central argument is that trial and punishment of children as adults, for any offence, violates the right to non-discrimination recognised under ihrl as well as the principle of best interest, reintegration objective of juvenile justice and rights of juveniles provided in the UN Convention on Rights of the Child, 1989 and other international instruments.

scholarly journals Legal regulation of international adoption in Lithuania and Portugal

2021 ◽  
Vol 1 (17) ◽  
pp. 33-46
Author(s):  
Perkumienė Dalia ◽  
Olegas Beriozovas ◽  
Maria João Escudeiro
Keyword(s):  
International Adoption ◽  
Hague Convention ◽  
Research Problem ◽  
Legal Regulation ◽  
Adoptive Parents ◽  
Best Interest ◽  
Legal Concept ◽  
New Family ◽  
Rights Of The Child ◽  
The Right

Research problem and degree of the research. Protecting the rights of the child is one of the most important issues today, both nationally and internationally. The situation is particularly complicated when it comes to international adoption. The adoption institute transcends all cultures and has long since existed, having played different functions over time. This institute has come to reflect social changes relating to how society faces a child’s needs, the way of exercising parental responsibilities and the needs of birth parents and adoptive parents. This is a subject increasingly relevant within the phenomenon of globalization and the urgency given to children and their rights in contemporary society. This is a subject for today and for the future. The adoptive child, due to his or her subjective characteristics, is unable to exercise his or her rights properly. This obligation must be exercised by the child’s parents or the State and its authorities. Although the Constitution of the Republic of Lithuania guarantees that every child has the right to grow up in a family, many children do not have a family and are forced to grow up in foster care. In this situation, an adoption institute emerges, which, at least from dallies, gives the child a chance to live in a family. In Portugal, the strong connection between the principle of the child´s best interest, major principle of family law, deeply influences the entire legal institute and, specially, the matter of international adoption. The placing of children in a foreign family is a subsidiary option, in great deal due to the difficulties that they will find from the moment they exit their country of origin. Difficulties such as differences in culture, language, religion, habits, among others that may result in children´s cultural uprooting and affect their cultural identity, beyond the cut with their biological family, implied in any adoption. Subject of the article:  protection of the rights of the child and problems in cross-border adoption.  Aim of the work: to analyse whether the rights of the child in the case of international adoption are violated.  Research methods: teleological, historical, comparative analysis of legislation, generalization, analysis, and synthesis of scientific literature, descriptive, comparative, analytical methods. The right of the child to grow up in a family is enshrined in the basic international instruments. It is in the family that the life and socialization of each child begins. It creates an atmosphere for the child to grow, develop and explore the world. The child should grow as much as possible to feel the love, care, and responsibility of his parents. Adoption is a significant process in many states. The main international instrument governing adoption is the Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption. States, in accordance with both their national and international legislation on adoption, seek to enable the child to grow up in a new family, while ensuring that such adoption best protects the rights and interests of the child. In Portugal, the child’s best interest is a fundamental concept in this matter, for a true concept of individual rights is one in which the child is considered a subject of rights, and not object of them. This principle is the guiding principle for the exercise of private responsibilities in relation to children, as well as public ones, and should be considered both in state and judicial decisions and actions. The child’s best interest is an indeterminate legal concept, varying with the customs of each society, taking into evolutionary and dynamic nature, and depending on case-by-case evaluation. This continues to be a divisive issue in Portugal and Law No. 2/2016, of 29 February eliminates discrimination against persons of the same sex who live in a de facto union or are married, in access to adoption, civil sponsorship and other family legal relationships, making all the legal changes. Key words: child, adoption, child’s right to grow up in a family, international adoption.

scholarly journals The Israeli Law’s Attitude Towards Minors’ Rights of Participation in Making Decisions Relating to Them

1970 ◽  
pp. 425-466
Author(s):  
Rita K Khawaly-Esawi
Keyword(s):  
United Nations ◽  
Best Interest ◽  
Legal Guardian ◽  
Legal Proceedings ◽  
Rights Of The Child ◽  
United Nations Convention ◽  
The United Nations ◽  
The Right ◽  
A Minor

The purpose of the paper is to examine the attitude of Israeli law towards minors’ participation in making decisions relating to them. This right is expressed in the United Nations Convention on the Rights of the Child which has turned into an international document approved by nations all over the world. The minor’s right to participate in decisions relating to him is enshrined in Section 12 of the United Nations Convention on the Rights of the Child. It is possible to see that the convention recognized the dignity of the person and the human rights of the minor. However, it is willing to grant rights to minors taking into consideration their age and their different stages of development. Sometimes parents focus mainly on their own interest and rights, and thus find it hard to faithfully determine their children’s rights and protect their best interest. If a minor does not have the right to participate in legal proceedings relating to him, he might get hurt. The view which accepts the notion of independent representation of a minor stems from the concept that a minor has rights like adults, and those rights include one to independent representation. Such a right can be practiced when the minor himself, his guardian or lawyer, represents his interests independently from his parents. Israeli law generally does not provide minors with independent rights such as the right to be a part of decision making. However, it does provide minors with rights in specific cases which might be seen as necessary, and there is still considerable space for the personal worldview of the judge. In addition, Israeli law is yet to adequately define the exact role of the legal guardian representing a minor and his methods of operation, and nowadays this duty depends on the personality of a legal guardian and his approach to this duty.

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.

Economic and Social Rights, Budgets and the Convention on the Rights of the Child

2013 ◽  
Vol 21 (2) ◽  
pp. 248-277 ◽  
Author(s):  
Aoife Nolan
Keyword(s):  
Decision Making ◽  
Social Rights ◽  
Child Rights ◽  
Rights Of The Child ◽  
Budget Analysis ◽  
Key Issues ◽  
Significant Obstacle ◽  
The Right ◽  
The Relationship

Recent years have seen an explosion in methodologies for monitoring children’s economic and social rights (ESR). Key examples include the development of indicators, benchmarks, child rights-based budget analysis and child rights impact assessments. The Committee on the Right of the Child has praised such tools in its work and has actively promoted their usage. Troublingly, however, there are serious shortcomings in the Committee’s approach to the ESR standards enshrined in the UN Convention on the Rights of the Child (CRC), which threaten to impact upon the efficacy of such methodologies. This article argues that the Committee has failed to engage with the substantive obligations imposed by Article 4 and many of the specific ESR guaranteed in the CRC in sufficient depth. As a result, that body has not succeeded in outlining a coherent, comprehensive child rights-specific ESR framework. Using the example of child rights-based budget analysis, the author claims that this omission constitutes a significant obstacle to those seeking to evaluate the extent to which states have met their ESR-related obligations under the CRC. The article thus brings together and addresses key issues that have so far received only very limited critical academic attention, namely, children’s ESR under the CRC, the relationship between budgetary decision-making and the CRC, and child rights-based budget analysis.

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