scholarly journals The rights of the child in the regulation of parental responsibility

Perspectivas ◽  
2020 ◽  
Vol 11 (1) ◽  
pp. 109-120
Author(s):  
Manuela Sancho ◽  
◽  
Keyword(s):  
Child Protection ◽  
Private Law ◽  
Parental Responsibility ◽  
Rights Of The Child ◽  
Commercial Code

The Civil and Commercial Code has introduced numerous changes in the institute of parental responsibility as a result of the process of constitutionalization of private law. The author invites to reflect on how these changes have recepted the international paradigms on child protection and what are the pending challenges.

Family Law

2021 ◽  
Author(s):  
Polly Morgan
Keyword(s):  
Real World ◽  
Child Protection ◽  
Financial Support ◽  
Family Law ◽  
Domestic Abuse ◽  
Private Law ◽  
Parental Responsibility ◽  
State Support ◽  
Civil Partnership ◽  
Modern Family

Family Law illustrates the diverse applications of modern family law through real-world scenarios. It starts off by looking at marriage and civil partnership. It moves on to financial provision on divorce and cohabitants and remedies not dependent on divorce. It looks at financial support for children and the various protections in place for domestic abuse. Parenthood and parental responsibility are examined in detail. Children’s rights and welfare are also looked into. Finally, the book considers private law disputes and children and child protection in terms of state support and care, supervision, and adoption.

Ghana's Children's Act 560: A Rethink of its Implementation?

2011 ◽  
Vol 19 (2) ◽  
pp. 151-165 ◽  
Author(s):  
Patrick McCrystal ◽  
Esmeranda Manful
Keyword(s):  
Child Care ◽  
Child Protection ◽  
Professional Training ◽  
Social Care ◽  
Legal Protection ◽  
Initial Step ◽  
Legal Rights ◽  
Rights Of The Child ◽  
Administrative Framework ◽  
The Law

AbstractIn 1998 Ghana harmonised its child care legislation to conform to the Convention on the Rights of the Child by enacting the Children's Act 1998, Act 560. Some stakeholders expressed misgivings at its capacity to ensure child protection, but little literature exists on the views of professionals working within the law. This paper presents an investigation of the views of professionals who are mandated to work within the law to ensure the rights of the child to legal protection in Ghana. The findings suggest that there is a gap between legal intent and practice. It is concluded from these findings that for better child protection, the provision of legal rights for children is only an initial step; the administrative framework including better professional training, adequate resources for social care agencies and the establishment of new structures also needs to be reconsidered.

From “Perverse” to Progressive?: Advocating for Children’s Rights in Argentina

2012 ◽  
Vol 20 (1) ◽  
pp. 72-89
Author(s):  
Amy Risley
Keyword(s):  
Child Protection ◽  
Social Issues ◽  
Children's Rights ◽  
Economic Reforms ◽  
Children’S Rights ◽  
Socioeconomic Conditions ◽  
Economic Rights ◽  
Rights Of The Child ◽  
The Social ◽  
United Nations Convention

This article argues that social issues are central to the children’s rights movement in Argentina. For more than a decade, child advocates have traced the plight of children to poverty, marginality, and neoliberal economic reforms. In particular, they have framed the issue of child welfare as closely related to socioeconomic conditions, underscored the “perverse” characteristics of the country’s existing institutions and policies, and called for reforms that accord with the United Nations Convention on the Rights of the Child. Although the country’s policies are gradually being transformed due to a landmark child-protection law passed in 2005, a dramatically more progressive framework for children’s rights has not yet been adopted. Given that policymakers have largely failed to reverse the trends that activists perceive as harming children, it is expected that advocates will continue to criticise the gap between domestic realities and the social and economic rights included in the Convention.

scholarly journals Institutional Risk in Child Protection: Perspective of Professionals

2018 ◽  
Vol 17 (3) ◽  
pp. 371-384
Author(s):  
Ilona Tamutienė ◽  
Vaida Auglytė
Keyword(s):  
Rural Areas ◽  
Child Protection ◽  
Internal Field ◽  
Children And Families ◽  
Level Of Involvement ◽  
Interview Method ◽  
Family Assistance ◽  
Rights Of The Child ◽  
Institutional Risk ◽  
Content Analysis Method

This article focuses on institutional risk factors that relate to the ability of child rights professionals to protect maltreated children. The aim of the article is to reveal the structural threats existing in the system of protection of the child’s rights, which create preconditions for the disclosure of institutional risks. Semi-structured qualitative interview method used. Ten interviews with children's rights protection specialists (CRPS) conducted during March-April 2018. According to the content analysis method, it has been established that the family assistance model for child protection is declarative in nature, due to the lack of services that meet the needs of children and families, and poor accessibility and quality, especially in rural areas, and social work orientation into control. The findings highlighted gaps in inter-agency cooperation in the protection of the child, the low level of involvement of health care, in particular – the treatment of paediatric and addictive diseases. In view of the internal field of the childʼs rights services, it has been highlighted that institutional problems are significantly contributing to the institutional risk: CRPS experienced inadequate methodological assistance and training which not corresponding to the problems encountering in everyday practice, lack of human resources, large workloads, low wages, lack of working methods, lack of stress management. In the context of the ongoing reform of the protection of the rights of the child, it is recommended to eliminate institutional risks, to strengthen services for children and families, and to improve inter-agency cooperation in the protection of the child.DOI: http://dx.doi.org/10.5755/j01.ppaa.17.3.21953

scholarly journals Skipan talsmanns fyrir börn – grundvöllur ákvörðunar og framkvæmd

2015 ◽  
Vol 11 (2) ◽  
pp. 313-332
Author(s):  
Hrefna Friðriksdóttir ◽  
Hafdís Gísladóttir
Keyword(s):  
United Nations ◽  
Child Protection ◽  
Justice System ◽  
Democratic Society ◽  
Rights Of The Child ◽  
The Status ◽  
United Nations Convention ◽  
Child Friendly ◽  
The Right ◽  
International Instruments

In recent years there has been a growing interest in the rights of children in various justice systems. The interpretation of international instruments, such as the United Nations Convention on the Rights of the Child legalized in Iceland as law 19/2013, places a strong emphasis on strengthening the status of the child. The concept of child-friendly justice has emerged reflecting a vision of a justice system that has adapted to the interests and needs of children. A key element is ensuring the right of the child to participate, building on the notion that participation actively promotes their citizenship in a democratic society. The complexity of child protection cases makes it imperative to ensure that children get the assistance they need to communicate and be able to influence procedures. This article discusses the development of provisions in child protection laws on the appointment of spokespersons for children and represents the findings of a study done on such appointments with various child protection committees. The main results of this research indicate that the development of the law has been positive. The enforcement does not however reflect these develpments and there is a lack of formality, assessment and satisfactory argumentation.

scholarly journals National Blockchain Laws as a Threat to Capital Markets Integration

2021 ◽  
Author(s):  
Matthias Lehmann
Keyword(s):  
International Institute ◽  
Private Law ◽  
Private International Law ◽  
The European Union ◽  
Legal Rules ◽  
Trade Law ◽  
International Trade Law ◽  
Commercial Code ◽  
The World ◽  
The Usa

Abstract Various states have started providing private law frameworks for blockchain transfers and crypto assets. France and Liechtenstein have adopted the first acts, while a commission of the British government sees no difficulties in extending property protection under the common law to crypto assets. In the USA, an amendment to the Uniform Commercial Code has been suggested, which has not stopped some states going their own, different way. The aim in all cases is to promote the use of modern distributed ledger technology and enhance investor protection. While these initiatives will increase legal certainty, they differ significantly. This has an important downside: there is a strong risk that the blockchain will be made subject to diverging legal rules. Similar to the world of intermediated securities, various national laws will need to be consulted to determine the rights and privileges of investors. This may increase transaction costs, thwart interoperability, and produce thorny conflict-of-laws problems. Markets risk being fragmented into national segments, with an inevitable diminution of their depth and liquidity. As a remedy, this article suggests developing uniform rules for the blockchain. Before national legislators and judges once again divide the world through idiosyncratic rules, the private law of crypto assets should be harmonized to the highest degree possible. Uniform rules should ideally be forged at the global level, by fora like the International Institute for the Unification of Private Law (UNIDROIT), the United Nations Commission on International Trade Law (UNCITRAL), and the Hague Conference on Private International Law. In the absence of worldwide rules, uniformization of private law should take place at the regional level—for instance, by the European Union. The article makes specific suggestions as to how this can be achieved and what the content of those rules should be.

6. The Children Act—the private law

2017 ◽  
Author(s):  
Susan Heenan ◽  
Anna Heenan
Keyword(s):  
Parental Involvement ◽  
Private Law ◽  
Parental Responsibility ◽  
Essential Information

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on private law matters concerning children under the Children Act 1989, particularly sections 1 and 8. It begins by looking at who is a parent and explaining the concept of parental responsibility and who has it. The chapter then considers the factors considered by the courts to resolve disputes over aspects of a child’s upbringing, including the welfare principle, the welfare checklist, the ‘no delay’ principle, the ‘no order’ principle, and the presumption of continued parental involvement.

scholarly journals Rights to restitution for child victim of criminal act under government regulation number 43 year 2017

2018 ◽  
Vol 52 ◽  
pp. 00006
Author(s):  
Azmiati Zuliah ◽  
Madiasa Ablisar
Keyword(s):  
Child Protection ◽  
Government Regulation ◽  
Legal Protection ◽  
Applied Theory ◽  
Child Victims ◽  
Material Loss ◽  
Child Victim ◽  
Her Family ◽  
Theory Of Justice ◽  
Rights Of The Child

The criminal act against children is a gross violation of human rights. The criminal act committed by the offenderis intolerable because it can affect their survival as well as growth and development. Therefore, the victim deserves legal protection. Restitution is one of forms of protection and fulfillment of the rights of the child to compensate any damages. So far, child victim of criminal act suffers not only material loss (countable) but also immaterial loss (uncountable) such as shame, loss of self-esteem, depression and/or traumatic anxiety.It is the fact that so far the rights of child victims to restitution are very often violated. Therefore, the child victim and his or her family feel that they do not given justice. It is hoped Government Regulation Number 43 Year 2017 will be able to give legal certainty to the victim to ensure that he or she can enjoy his or her rights to restitution for any loss he or she suffers as stipulated in Law Number 35 Year 2014 on the Revision of Law Number 23 Year 2002 on Child Protection. This research uses theory of justice as grand theory, law enforcement as middle range theory and theory of victimology as applied theory.

Children’s human rights and diversity in schools: Framing and measuring

2018 ◽  
Vol 13 (2) ◽  
pp. 276-298 ◽  
Author(s):  
Audrey Osler ◽  
Trond Solhaug
Keyword(s):  
Human Rights ◽  
Child Protection ◽  
Measurement Instrument ◽  
Implementation Strategies ◽  
United Nation Convention ◽  
Child Rights ◽  
School Settings ◽  
Rights Of The Child ◽  
Human Rights Standards ◽  
United Nation

We report on the development of an instrument to measure attitudes to children’s human rights and diversity in schools. It was developed to investigate perceptions of human rights and diversity among students and then teachers in two contrasting areas of Norway. The instrument draws on human rights standards articulated in the United Nations Convention on the Rights of the Child. It is intended for use in future baseline studies, allowing for transnational and comparative analysis of child rights in education. The near-universal ratification of the United Nation Convention on the Rights of the Child provides an agreed international framework for evaluating rights implementation strategies over time. We contextualise the measurement instrument, focusing on rights provision, child protection, and participation in schools. We consider its strengths and possible limitations and discuss the need for a sound human rights conceptual model through which child rights in school settings can be interpreted.

Effectiveness of Child Abuse Preventive Measures of the Zamboanga City State Polytechnic College

2015 ◽  
Vol 15 (1) ◽  
Author(s):  
Hermenegilda C. Fernandez
Keyword(s):  
Child Abuse ◽  
Child Protection ◽  
Preventive Measures ◽  
Prevention Measures ◽  
Rights Of The Child ◽  
Special Child ◽  
External Sources ◽  
United Nations Convention ◽  
City State ◽  
High Level

Prevention and protection of children from abuse, maltreatment or violence, depends on data obtained through scientific research. Thus, this descriptive study design was conducted to determine the extent of awareness of child abuse prevention measures and child protection laws.  RA 7610  guarantees special child protection against child abuse,  RA 7877 known as  the Anti-Sexual Harassment Act of 1995 guarantees workers protection in the workplace and training or educational environment. The United Nations Convention on the Rights of the Child (UNCRC) as an international legal instrument against child abuse. These child protection laws are assessed by the randomly sampled college students/faculty and personnel of the College. Findings reveal that students are highly aware of matters about child abuse and the preventive measures the school has. Nevertheless, such high level of awareness among students does not directly influence the effectiveness of the school’s effort in educating the students about child abuse because the information about child abuse is sourced not from the school but by external sources particularly the electronic platform. Such finding implies that the school has to take full advantage of the Internet in communicating its programs and measures relevant to child protection from abuses.

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