scholarly journals Understanding Child Support in the Pattern of Child Protection based on the Principle of Child Protection

2021 ◽  
Vol 8 (1) ◽  
pp. 92
Author(s):  
M. Nur Syafiuddin ◽  
Rachmad Safa’at ◽  
Prija Djatmika ◽  
Istislam Istislam
Keyword(s):  
Human Rights ◽  
Child Welfare ◽  
Child Protection ◽  
Child Support ◽  
Analytical Techniques ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
Legal Research ◽  
Materials Used

Children have human rights (HAM) as those of adults. Unfortunately, discussions regarding children's rights are not as intense as adult rights or women's rights. There are not many parties that discuss and take concrete actions related to the protection of children's rights. In fact, children are a reflection of the future, assets of family, religion, nation and state. This study aims to describe and analyze the meaning of child support in the pattern of child protection in Indonesia based on the best interests of the child. This normative legal research utilized a philosophical and statutory approach. Analytical techniques used to process legal materials were analytical prescriptive methods, hermeneutics (interpretation) of law and ijtihadi. The legal materials used were primary legal materials including laws on child protection and secondary legal materials consisting of all literature and publications relevant to the field of child protection law. The results showed that there are at least two meanings of child support in the pattern of child protection in Indonesia based on the principle of child protection: child support as a guarantee for child welfare and child support as a futuristic value in child protection.

scholarly journals PERLINDUNGAN HUKUM TERHADAP ANAK DALAM PERSPEKTIF HAK ASASI MANUSIA

2018 ◽  
Vol 4 (1) ◽  
pp. 141
Author(s):  
Muhammad Fachri Said
Keyword(s):  
Human Rights ◽  
Child Protection ◽  
Research Method ◽  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Legal Research ◽  
Descriptive Research ◽  
The Common ◽  
The Government

This study aims to analyze the problem of legal protection for children in the perspective of human rights. The type of this research is socio-juridical or including descriptive research with a non-doctrinal approach, which views law as a socio-empirical symptom observed in experience. The research method used is descriptive research with the type of incorporation of normative legal research with sociological legal research related to the implementation of legal protection for children in the perspective of human rights. The results of the study show that the results of this study are the legal protection of children in the perspective of human rights in essence is an effort made by parents, government and society to fulfill and guarantee all children's rights that have been guaranteed in the convention of children's rights and laws Number 35 of 2014 concerning Child Protection. Legal protection for children in the perspective of human rights is less implemented because the government has not implemented its obligations in fulfilling children's rights so that there are still legal violations of children. The recommendation of this research is to implement legal protection for children in the perspective of human rights, parents should be fully responsible for the behavior of children and the government establishes policies that are in line with the wishes of the community, so that the common perception between parents, government and society is realized in fulfilling the rights child.

Children’s Rights in the European Court of Human Rights – An Emerging Power Structure

2016 ◽  
Vol 24 (3) ◽  
pp. 548-574
Author(s):  
Anette Faye Jacobsen
Keyword(s):  
Human Rights ◽  
Quantitative Assessment ◽  
Power Structure ◽  
Children's Rights ◽  
Case Law ◽  
Children’S Rights ◽  
Best Interests ◽  
Legal Research ◽  
European Court ◽  
European System

Legal research has shown mixed results regarding the application of a child-centred approach in judgments from the European Court of Human Rights. With an interdisciplinary perspective, however, a number of remarkable features become visible.This article explores case law from the European system with a blended methodology. First, a quantitative assessment of the Court’s judgments over the last decade reveals, surprisingly, that the child’s best interests doctrine has become widely used only recently, despite the principle being invoked as early as 1988. Secondly, an in-depth discourse analysis of selected landmark cases shows how the child-centred approach, in certain types of case, has gained status as the paramount consideration to the extent that it may sideline competing principles in the balancing exercise of adjudication. In the conclusion, the two types of enquiries, the statistical and the qualitative scrutiny of judgments, are combined to offer an assessment of the power of children’s rights alongside other interests in the European human rights machinery.

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.

Toward a More Youthful Democracy

2021 ◽  
pp. 141-160
Author(s):  
Richard P. Hiskes
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
Citizenship Rights ◽  
Group Rights ◽  
Economic Rights ◽  
Structural Inequality ◽  
Rights Issues

This concluding chapter begins with a discussion of how the global coronavirus pandemic called attention to children’s rights issues, specifically in how children were not allowed to participate in decisions directly affecting their “best interests,” as required by CRC. Granting children human rights will fundamentally alter the nature of both democracy and human rights. Giving children citizenship rights will renew democracy, as past enfranchisements have, but also will push democracies to resemble less Western, liberal models. Group rights will predominate in democracies where children are full citizens. Also, the human rights agendas of child-incorporating democracies will be dominated by social and economic rights issues, since children’s rights of protection and provision will be given priority. Finally, children’s participation rights will emerge as crucial in diminishing structural inequality in democratic societies, providing a pathway to a fuller form of social justice predicated on the human rights of children.

scholarly journals Progressivism of Judges in Deciding Applications for Marriage Dispensation

2021 ◽  
Vol 6 (1) ◽  
pp. 41-55
Author(s):  
Josua Navirio Pardede ◽  
Wigati Taberi Asih ◽  
Thogu Ahmad Siregar
Keyword(s):  
Human Rights ◽  
Conceptual Analysis ◽  
Legal Reasoning ◽  
Children's Rights ◽  
Children’S Rights ◽  
Child Marriage ◽  
Legal Research ◽  
Age Limit ◽  
High Level ◽  
The Relationship

Regulation on the age limit for a marriage through Act No. 16 of 2019 is based on the spirit of anti-discrimination and protection of children's rights from the adverse effects of child marriage. However, the efforts to complicate and prevent child marriage has yet to have a significant impact on reducing the rate of child marriage in Indonesia. This condition is occurred by the high level of applications for marriage dispensation that are granted by the court. Hence, the construction of the judge's reasoning in observe the relationship between the substance of the law and the reasons for proposing marriage dispensation is one of the most vital and influential elements. The positivism-legism legal reasoning used in understanding of Act No.16 of 2019 is considered to be the cause of the malfunction of the regulation in protecting and guaranteeing children's human rights. By using doctrinal legal research methods, this research produces a conceptual analysis in the form of a meta-juridical critique on positivist legal reasoning which tends to lead to the legism when trying to understand the objectives of Act No. 16 of 2019 and proposes a progressive legal notion as an ideal reasoning framework in producing decisions on applications for dispensation of marriage that have a perspective on the protection and guarantee of children's rights.

scholarly journals KEDUDUKAN DAN FUNGSI KOMISI PERLINDUNGAN ANAK INDONESIA DALAM MELINDUNGI HAK-HAK ANAK

2019 ◽  
Vol 2 (2) ◽  
Author(s):  
Apri Rotin Djusfi
Keyword(s):  
Human Rights ◽  
Child Protection ◽  
Birth Certificate ◽  
Children's Rights ◽  
Children’S Rights ◽  
Presidential Decree ◽  
The Law ◽  
Protection Commission

Indonesian Child Protection Commission is an independent agency, established under the provisions of the Law on Child Protection. Was formed on June 21, 2004, this agency is mandated by Presidential Decree No. 77 of 2003 and Article 74 paragraph (1) and (2) of Law 35 of 2014 on the Amendment of Act No. 23 of 2002 on Child Protection. The problem that is revealed in this research is how the protection of children is in conformity with the principles of human rights, is child protection in Indonesia is in conformity with the 1945 Constitution and the laws protecting children and how the role of the Indonesian Child Protection Commission in protecting the rights of children. The principles of human rights that protects the protection of children one of which is the birth certificate. Indonesian Child Protection Commission’s role in protecting the rights of children is as a protection and supervisor of Law 35 of 2014 on the Amendment of Act No. 23 of 2002 in the Child Protection.Keywords : Children Right Protection Law,  KPAI, Children's rights

scholarly journals Child Care and Protection in Perspective of Legislation, Human Rights and Islamic Law

Al-Bayyinah ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 29-42
Author(s):  
Lisma Lisma ◽  
Roykhatun Nikmah
Keyword(s):  
Human Rights ◽  
Child Care ◽  
Child Protection ◽  
Islamic Law ◽  
Children's Rights ◽  
Children’S Rights ◽  
Human Beings ◽  
Empirical Reality ◽  
Universal Principles ◽  
Global Concern

The empirical reality regarding the issue of care and protection for children is still a global concern. It is necessary to find rules regarding the protection and care of children. Comparing several rules in legislation, human rights and Islamic law in strengthening the position of children as human beings who must receive care and protection. This research is a literature review with a normative juridical approach. Examining various literatures by focusing on aspects of laws and regulations related to care, child protection, human rights and Islamic law. The techniques of analysis used were descriptive and comparative. The findings of this study indicate that child care and protection falls into the category of fulfilling human rights. Child protection is in line with the universal principles of human rights and has a legal umbrella and the power to obtain care and protection. However, the existing regulations have not been maximally implemented. In Islamic law, children have a very high guarantee of protection, this is included in the category of caring for children as the goal of sharia (maqashid syari'ah). The implication of this finding is that the protection of children's rights cannot be negotiated, because the state and religion have provided protection, so what must be enforced is the supervision of the fulfillment of children's rights.

The Child’s Right to Family

2020 ◽  
pp. 236-256
Author(s):  
Barbara Bennett Woodhouse
Keyword(s):  
Human Rights ◽  
Family Relationships ◽  
Child Protection ◽  
Children's Rights ◽  
Family Reunification ◽  
Children’S Rights ◽  
Family Identity ◽  
Rights Of The Child ◽  
European Court ◽  
Birth Records

This chapter discusses the role played by human rights charters, such as the UN Convention on the Rights of the Child, the European Charter of Human Rights, and the African Charter on the Rights and Welfare of the Child, in establishing that children are not mere property of their parents but persons with their own independent rights to protection of family relationships and family identity. The chapter identifies specific provisions in these charters relevant to children’s family rights. It then examines various decisions of the European Court of Human Rights that address claims of violations of children’s rights to family in contexts including adoption, child protection, family reunification, access to birth records, and immigration, and that define appropriate remedies. The chapter closes by highlighting the growing threat to children’s rights to know and be cared for by their families posed by the populist backlash in wealthier nations against migrants fleeing war, violence, and poverty.

Conclusions

2020 ◽  
pp. 393-400
Author(s):  
Claire Fenton-Glynn
Keyword(s):  
Human Rights ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
European Convention ◽  
Child Rights ◽  
Margin Of Appreciation ◽  
Participation Rights ◽  
Future Challenges ◽  
The Many

This chapter summarises how, as an instrument for the protection of children’s rights, the European Convention on Human Rights has come a long way from its limited beginnings in 1950, and the many achievements of the Court in enforcing and progressing children’s rights, both in terms of substantive rights and procedural safeguards. However, it also acknowledges the deficiencies of the Convention as a child rights instrument, noting in particular the lack of strong participation rights for children, the focus on ‘best interests’ rather than rights, and the emphasis placed on the margin of appreciation. Finally, the chapter outlines possible future challenges for children’s rights before the Court.

scholarly journals Kuasa Anak atas Perkawinan: Harmonisasi Perlindungan Anak dan Doktrin Fikih dalam Putusan Dispensasi Kawin

2021 ◽  
pp. 253-268
Author(s):  
Muhammad Idris Nasution ◽  
Muhammad Syukri Albani Nasution
Keyword(s):  
Child Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
Child Marriage ◽  
Absolute Power ◽  
The Voice ◽  
Religious Courts

Child marriage is a global phenomenon that often neglects the protection of children's rights, but a few parents use the jurisprudence doctrine as a shield against their actions. The fiqh doctrine that gives absolute power (ijbar) to fathers and grandfathers over their children's marriages is often abused to marry off children even without their consent. The voice of a child is considered insignificant and his rejection of the actions of his parents is often seen as a form of iniquity. It is different from the two decisions of the Religious Courts, which the authors found, in which the decisions were more concerned with the child's opinion on the marriage that was planned for him by giving the child the rights of isti'dzan and isti'mar. Regarding this case, the authors conducted an analysis with the perspective of child protection and maqashid sharia. The results of the analysis show that in the perspective of child protection and maqashid sharia, children should be rewarded for their opinions. But this award is not enforced absolutely because the opinions of parents cannot be ignored, especially in cases where there is a very urgent reason. So that it is necessary to harmonize the protection of children's rights with the fiqh doctrine of guardian authority by considering the best interests of the child.

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