scholarly journals National Strategy on Action for Children in Russia and Council of Europe Strategies for the Rights of the Child

2016 ◽  
Vol 21 (1) ◽  
pp. 108-118 ◽  
Author(s):  
G.V. Semya
Keyword(s):  
Sexual Abuse ◽  
Cultural Differences ◽  
International Standards ◽  
National Strategy ◽  
Council Of Europe ◽  
European Guidelines ◽  
Rights Of The Child ◽  
Main Current ◽  
Two Phases ◽  
Guidelines And Standards

Development of the National Strategy for Action on Children for 2012–2017 implemented in two phases (2012–2014 and 2015–2017) coincided with the Council of Europe Strategies for the Rights of the Child for 2012–2015, and the new Council of Europe Strategies for the Rights of the Child for 2016–2022 takes effect in 2016. Author provides description of a new European instrument: the main current challenges in the field of children safeguarding; top areas and measures to respond to these challenges; methods to implement the strategy including based on the recommendations of the Committee of Ministers of the Council of Europe to the Member States. The article gives examples of Russia’s accession to the international legal community through the ratification of various conventions that allowed to take domestic measures to ensure international standards to secure children from such crimes as trafficking in children, underage prostitution and por- nography, sexual abuse. The present paper examines opportunity to take into ac- count the new European guidelines and standards in Russian childhood policy and describes action taken in Russia to protect children’s rights as a response to the integrated European challenges, taking into account social and cultural differences.

scholarly journals How Balinese Adolescents Perceived Romantic Relationship

2021 ◽  
Vol 5 (2) ◽  
pp. 71-91
Author(s):  
Dewi Arum Widhiyanti Metra Putri ◽  
Kwartarini Wahyu Yuniarti ◽  
Wenty Marina Minza ◽  
Bagus Riyono
Keyword(s):  
Romantic Relationships ◽  
Cultural Differences ◽  
Adolescent Development ◽  
Thematic Analysis ◽  
Romantic Relationship ◽  
Individual Development ◽  
Cultural Group ◽  
Interesting Topic ◽  
Two Phases

The romantic relationship is an interesting topic to study because it emerges as an important part of adolescent development that becomes increasingly important in subsequent years of individual development. One of the limitations of research in this field is the difficulty of providing unique and standards definitions of romantic relationships due to cultural differences in conceptions and the differences within individuals from the same cultural group. This study aims to explore the concept of a romantic relationship from the perceptions of Balinese adolescents and terms that represent it that can be used as a basis to comprehend the dynamics of romantic relationships in Balinese culture nowadays. Two phases of the study conducted through survey and FGD. Balinese adolescents were aged 15-17 years old (n= 277). Through thematic analysis procedures, some emergent themes were identified as romantic relationship conceptualization. This relationship was conceptualized as an exclusive relationship, consisting of affective, cognitive, and psychomotor dimensions, and was represented by many terms. This study concluded that the concept of romantic relationships for each individual from the same cultural group could be perceived differently, leading to varied forms of adolescents' behavior.

scholarly journals Legal Aspects of Participation Practices in the Albanian Education Context

2020 ◽  
Vol 72 (1) ◽  
pp. 94-108
Author(s):  
Heliona Miço ◽  
Manjola Zaçellari Lumani
Keyword(s):  
Educational System ◽  
Education System ◽  
Legal Framework ◽  
Legal Aspects ◽  
International Standards ◽  
Communist Regime ◽  
National Council ◽  
Government School ◽  
Rights Of The Child ◽  
Children And Parents

AbstractThe article aims to provide an analysis of Albanian legislation regarding children’s and parents’ participation in education, by taking into account their respective roles and duties as known in the legal framework, as well as their on-going functional role as participants in practice. This research will analyse Albanian legislation and policies as regards the educational system, shedding light on the steps needed to be taken towards achieving international standards regarding the promotion of the participation of children and parents in education. Albania was under a communist regime, in which parental participation in the educational system was extremely limited and information given to parents was only regarding the progress of their child. After the fall of this monist regime changes did not happen immediately in the Albanian education system. The Convention on the Rights of the Child was one of the first international instruments ratified by the Albanian government focusing on the sanctioning and protection of the rights of the child, in a time when these rights were considered non-existent. Sanctioning the right of the child to express freely his or her own views in various issues where the child’s opinion is necessary requires that Albanian legislation includes the participation of children in every field especially in education. A general principle of the Convention is that the child’s right to be heard be considered as one of the four principles needed for the interpretation of all other articles. Research also demonstrates that effective schools have high levels of children’s and parental involvement. Despite the fact that legal steps have been taken towards recognition of the involvement of children and parents in education creating bodies such as the pupils’ government, school boards, parental councils, and lately the national council of parents, there are still unclear legal ways to implement their participation in the Albanian education system. In order to make participation possible, first and foremost, it is important to provide information regarding school activities, processes and decisions which must be transmitted to the children and parents, by creating routes of communication. This can be achieved by setting up some useful mechanisms that promote children’s and parents’ participation in education.

scholarly journals THE UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD AND PROTECTION OF CHILDREN’S RIGHTS AT CONSTITUTIONAL LEVEL

2016 ◽  
pp. 0-0
Author(s):  
Марина Шелютто ◽  
Marina SHyelyutto
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Children's Rights ◽  
International Standards ◽  
Children’S Rights ◽  
Cultural Rights ◽  
Rights Of The Child ◽  
United Nations Convention ◽  
The United Nations ◽  
Venice Commission

The adoption of the United Nations Convention on the Rights of the Child in 1989 meant the international recognition of children as autonomous right-holders. The Convention includes practically all traditional human rights: civil, political, economic, social and cultural rights, to which every child is entitled. The Report on the Protection of Children’s Rights: International Standards and Domestic Constitutions adopted by the Venice Commission in 2014 shows that national constitutions of some Council of Europe Member States have implemented the provisions of the Convention in different manner after its adoption. Some constitutions (the Russian Constitution is among them, too) reflect the traditional paternalistic approach (according to which children need protection) but not the rights-based approach. The inclusion in the Constitution of guarantees of rights for everyone may be insufficient to ensure respect for these rights for every child. The recommendations of the UN Committee on the Rights of the Child and the Venice Commission to include in national constitutions the key message that children are holders of human rights and the general principals of the Convention are topical for the Russian Federation.

scholarly journals Some aspects of the study of international standards in the field of combating domestic violence and its impact on the criminal law policy of Ukraine

2021 ◽  
pp. 140-152
Author(s):  
Viktoriia Shpiliarevych
Keyword(s):  
Domestic Violence ◽  
Civil Rights ◽  
Violence Against Women ◽  
Criminal Law ◽  
Criminal Code ◽  
International Standards ◽  
International Criminal Law ◽  
Social Phenomenon ◽  
Gender Based Violence ◽  
Council Of Europe

The article states that domestic violence, existing in all spheres of public life, as a result leads into the destruction of family values, violation of human and civil rights and freedoms, makes an irreparable impact on mental and physical health of victims. Therefore, since ancient times it has been a problem of human existence, and, unfortunately, it is to remain relevant nowadays. In modern social developments, counteraction of domestic violence is one of the priorities not only of internal policy of any state, but also an issue of international criminal law policy. In particular, the study of about its extension in different countries proves the international nature of this negative social phenomenon. The fact that counteraction of domestic violence has become a part of Ukraine's domestic policy to create a society free of gender-based violence, was finally affirmed on November 7, 2011, when the Ukrainian state joined the Convention on Preventing and Combating Violence against Women and Domestic Violence adopted by the Council of Europe of May 11, 2011. The most important event in the history of criminal law policy in the field of domestic violence was the adoption on December 6, 2017, of the bills «On Amendments to the Criminal and Criminal Procedure Codes of Ukraine to implement the Council of Europe' Convention on Preventing and Combating Violence against Women and Domestic Violence». As a result, on January 11, 2019, the General and Special parts of the Criminal Code of Ukraine were supplemented with a number of norms related to the scope of counteraction of this negative social phenomenon.

scholarly journals Further reform of enforcement proceedings in Ukraine: international standards and a foreign element

1970 ◽  
pp. 199-204
Author(s):  
Yevgen Fursa
Keyword(s):  
Law Enforcement ◽  
Intergovernmental Relations ◽  
International Standards ◽  
Council Of Europe ◽  
Current State ◽  
Procedure Code ◽  
Executive Process ◽  
Complex Development ◽  
Problematic Situations ◽  
International Aspects

The article analyzes the problematic situations that occur in the current enforcement practice and which need to be resolved in the new legislation of Ukraine, in particular, the Law of Ukraine "On Enforcement Proceedings", the Civil Procedure Code of Ukraine and other normative acts that need to align and reflect the latest concepts of enforcement of decisions with foreign element. Issues raised regarding the need to introduce into the relevant legislation, court and practice on enforcement of judgments and other bodies of international standards of enforcement proceedings proposed by the Council of Europe. This article has for an object to educe only major problem questions in a modern executive production in an order to caution the origin of errors in the new release of this Law and define priorities in the international aspects of a force implementation of decisions. Fully obviously, that it is necessary to work on creation of international principles of executive process and the Ukrainian scientists can not lie up this problem. The current state of reform of Ukraine's legal system is characterized by that, what needs the deep rethinking and transformation plenty of normative acts, improvement of activity of practically all law enforcement authorities. It is considered a necessity to undertake substantial steps in direction of approaching of our state to the international standards and complex development of legislation taking into account considerable migration of population, eurointegration course, id est to strengthen regulation of legal relationships with a foreign element. In this connection appears a necessity to spare considerably anymore attention in the new release of Law of Ukraine "On Enforcement Proceedings"" of status of foreign subjects, including, foreign investors and protection of their rights on an investment, to strengthen and develop the question of a force implementation of foreign court decisions, and also represent in international agreements the simplified system of intergovernmental relations in the sphere of a force implementation of decisions and others like that. In the period of reforms these problem questions it more easily to affect, to discuss and represent in a legislation, than in the following to bring in corrections to the formed legislation.

scholarly journals Actual Issues of Forensic Activities in Ukraine and the Possibility of Implementing International Standards of the Industry in the Ukrainian Legislation

2021 ◽  
Vol 10 (2) ◽  
Author(s):  
Lidiya Kotlyarenko ◽  
◽  
Nataliia Pavlovska ◽  
Eugenia Svoboda ◽  
Anatolii Symchuk ◽  
...  
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Regulation ◽  
International Standards ◽  
European Convention ◽  
European Law ◽  
The European Union ◽  
Council Of Europe ◽  
Legal Standard ◽  
The Eu

International standards exist in any field of legal regulation however, they are mostly identified with standards that regulate the technical sphere, since they are the most common ones. Nonetheless, today it is hard to imagine any area of public life withno generally recognized international standards. European legal standards are formed within the framework of the two most regional international associations –the Council of Europe and the European Union. The Council of Europe sets, first of all, standards in the humanitarian sphere: human rights, environment protection, and constitutional law, which is determined by the goals and purpose of its functioning. The European Union (hereinafter referred to as the EU) using directives, regulations, and other legal acts sets standards for most areas of the EU population's life. It should be noted it is during the development of 'standardization' in the European law that specific development of public relations in the EU takes place. Defining the EU legal standardas a separate category of norms of the European law, it is noteworthy that this term is used in a broad sense as a 'legal standard' and incorporates such elements as the general principles of the EU law and the 'common values' of the EU –they relate to people, environment, economic issues, and so on. The European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 is a classic example of their implementation. In a narrow sense, this term has a specific meaning and does not coincidewith the concept of 'legal standard', e.g. these are standards in the technical field that are adopted by the European Committee for Standardization, that is, in its content, it is a technical publication that is used as a norm, rule, guide or definition.Therefore, they relate to products, services, or systems and are the basis for convergence and interaction within the growing market of various business sectors. Today, in international law de facto there is a system of standards that regulate various aspects of international relations.

scholarly journals Transnational by Default: Online Child Sexual Abuse Respects No Borders

2021 ◽  
Vol 29 (3) ◽  
pp. 731-764
Author(s):  
Sabine K. Witting
Keyword(s):  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
Child Pornography ◽  
Best Interests ◽  
The Internet ◽  
Child Prostitution ◽  
Optional Protocol ◽  
Rights Of The Child ◽  
Extraterritorial Jurisdiction ◽  
High Level

Abstract Combatting child sexual abuse on the internet requires a high level of harmonisation of both substantive and procedural laws, as online child sexual abuse is transnational by default: while the transnational nature of child sexual abuse material used to be the exception before the advent of the internet, it is now the rule. In order to prosecute and investigate online child sexual abuse across country borders, states rely heavily on extraterritorial jurisdiction clauses as well as informal and formal law enforcement collaboration channels. This paper analyses existing channels in the opsc, Budapest Convention and Lanzarote Convention, particularly against the background of the recently published crc Committee Guidelines regarding the implementation of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (crc/c/156), and provides for concrete guidance on how to ensure that the best interests of the child in the prosecution and investigation of transnational crimes such as online child sexual abuse is the primary consideration.

scholarly journals Basic international and European standards in the field of justice and their impact on ensuring the consistency of judicial practice

1970 ◽  
pp. 74-80
Author(s):  
Petro Rudyk
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
International Standards ◽  
Council Of Europe ◽  
Basic Principles ◽  
Legal Standards ◽  
Judicial Practice ◽  
The Supreme Court ◽  
European Standards

Ukraine's integration into the European Union binds the former to approximate its legislation to international and European standards in various fields, including justice. This is also prompted by the EU-Ukraine Association Agreement and by the need for judicial reform, subject to the amendments to the Constitution of Ukraine of June 2016. The purpose of the article is to disclose basic international and European standards in the field of justice and their role in ensuring the consistency of judicial practice, which has not been studied in this aspect before. Scholars have different approaches to defining the concept of "international" and "European" legal standards in the field of justice and their division into types. The author proposes the understanding and definition of these concepts and the division of international standards into two main groups: 1) basic generally recognized international standards, that is binding international legal standards; and 2) special international standards in the field of justice that are advisory. The first group consists of the basic internationally recognized standards enshrined in UN human rights instruments, which are closely related to justice and include, in particular, everyone's entitlement to a fair and public hearing by a competent, independent and impartial tribunal. They are enshrined in the Universal Declaration of Human Rights (Article 10), the International Covenant on Civil and Political Rights (Article 14), the European Convention on Human Rights (Article 6, paragraph 1). These basic international standards are binding for democratic countries in the world and in Europe, in particular for Ukraine, as they have been ratified by it. A clear understanding of and adherence to mandatory basic internationally recognized international standards by courts of all tiers will help to ensure the consistency of judicial practice. The second group of international standards in the field of justice consists of the Basic Principles on the Independence of the Judiciary, approved by the resolutions of the UN General Assembly (1985), the Bangalore Principles of Judicial Conduct, approved by the UN Economic and Social Council Resolution (2006), recommendations of the Committee of Ministers of the Council of Europe, and opinions of the Consultative Council of European Judges for the attention of the Committee of Ministers of the Council of Europe, etc. They emphasize the need to adhere to such basic international standards as guaranteeing the independence of the judiciary by the state and enshrining them in the constitution or laws of the country, and define such basic principles of the functioning of the judiciary and judges as independence, objectivity, honesty, incorruptibility, observance of ethical rules, equal treatment of all parties to the proceedings, competence and diligence of courts, and so forth. Compliance with these general international standards in the field of justice will help to ensure the integrity of the judiciary in the interests of a person. Such standards and specific recommendations for ensuring the integrity of the judiciary are broadly outlined in the Consultative Council of European Judges Opinion on the Role of Courts in Ensuring the Unity of Law (2017), namely the importance of uniform application of the law, the possibility of the use of precedents, the paramount role of the Supreme Court in ensuring the integrity of the judiciary, the creation of a mechanism for filtering appeals, the inadmissibility of conflicting decisions, the importance of the role of the courts of appeal, the solid reasons for deviation from previous judicial practice, the compliance with the reporting system of courts, the application of previous decisions to specific cases, the ensuring of the principle of independence of judges, the use of various mechanisms to ensure the integrity of judicial practice. These issues were also discussed during the presentation of the Opinion in Ukraine and holding the conference Integrity of judicial practice: the view of the European Court of Human Rights and of the Supreme Court (2019).

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