scholarly journals Guidelines of the Committee of Ministers of the Council of Europe on child-friendly justice in the light of preventing the social and legal exclusion of a juvenile

2021 ◽  
Vol 58 ◽  
pp. 81-101
Author(s):  
Justyna Kusztal
Keyword(s):  
Child Protection ◽  
Justice System ◽  
Legal Status ◽  
National Policy ◽  
Scientific Research ◽  
The State ◽  
Council Of Europe ◽  
The Social ◽  
Child Friendly ◽  
Court Proceedings

The aim of the article is to present the legal status and the state of scientific research on the implementation of national policy on the protection of the rights of children forced to participate in court proceedings. It is based on a method of analysis of the content of formal documents and selected research reports in the years 2015–2018 concerning the issues of child protection in contact with the justice system. The analysis of the research reports has led us to the conclusion that it is necessary to prepare judges and the police for the interrogation of children, but also to prepare them for contact with the institutional justice system through competently organised education on children’s rights.

scholarly journals International Perspectives on Child-responsive Courts

2018 ◽  
Vol 26 (2) ◽  
pp. 251-277 ◽  
Author(s):  
Jill Duerr Berrick ◽  
Jonathan Dickens ◽  
Tarja Pösö ◽  
Marit Skivenes
Keyword(s):  
Child Protection ◽  
Online Survey ◽  
Access To Justice ◽  
The European Union ◽  
Council Of Europe ◽  
Rights Of The Child ◽  
International Perspectives ◽  
Child Friendly ◽  
Court Proceedings ◽  
Time Frames

Child friendly justice and access to justice for children are explicit concerns for the European Union, the Committee on the Rights of the Child, the Council of Europe and the Child Rights International Network. This study examines court systems as child-responsive by eliciting the views of judicial decision makers on child protection cases (n = 1,479) in four legal systems (England, Finland, Norway and the USA (represented by California)), based on an online survey. In this paper, we asked judicial officials who have the authority to make care order decisions how they view the child-friendliness of the courts. We presented them with six statements representing standard features of child responsive courts. Findings show that there is considerable room for improving both structure and practice of the court proceedings, for example the use of child friendly language and child-sensitive time frames. There were variations across states, and some variation across type of decision maker. Implications for the development of education and training about the opportunities for children’s engagement are considered.

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.

2. Marriage and Civil Partnership

2021 ◽  
pp. 8-96
Author(s):  
Polly Morgan
Keyword(s):  
Legal Status ◽  
Public Perceptions ◽  
The State ◽  
Civil Partnership ◽  
The Social ◽  
The Law ◽  
Over Time

This chapter starts by considering how people get married, tracing the institution of marriage through history. It looks at the evolving popularity of marriage to the present day. The chapter then addresses the social and legal significance of marriage. It asks: Why does the state encourage people to marry? The chapter also looks at other ways in which relationships can be formalised under the law. Finally, the chapter turns to civil partnerships and looks at the changes in legal status to such partnerships over time. It also considers public perceptions of civil partnerships. Finally the chapter asks: Is there a future for marriage?

THE OMBUDSMAN INSTITUTION IN TURKMENISTAN

2019 ◽  
Vol 1 (XIX) ◽  
pp. 19-33
Author(s):  
Andrzej Pogłódek
Keyword(s):  
Legal Status ◽  
National Policy ◽  
Legal Regulation ◽  
The State ◽  
Fundamental Rights ◽  
Author State ◽  
Legislative Framework ◽  
Legal Mechanism

This article reviews existing Turkmenistan legislation about the legal status of Ombudsman. The analysis of normative-legal acts, which laid the legislative framework of legal regulation of the legal status of Ombudsman as an element of the state national policy to protection of fundamental rights in the Turkmenistan. This issue was analyzed based on the systematic, comparative and legal approaches. Indicated good solutions, as well as flaws in legal mechanism of serving interest of protection of fundamental rights by the Ombudsman. And conclusions of the study the author state that there is a need of the improvement of the Turkmenistan legal base of the Ombudsman.

scholarly journals Editorial: The social work voice – doxa and dissent in neoliberal times

2016 ◽  
Vol 28 (2) ◽  
pp. 1-6 ◽  
Author(s):  
Emily Keddell ◽  
Deb Stanfield ◽  
Ian Hyslop
Keyword(s):  
Social Work ◽  
New Zealand ◽  
Child Protection ◽  
The State ◽  
Special Issue ◽  
Aotearoa New Zealand ◽  
The Social ◽  
The Family ◽  
Critical Responses

Welcome to this special issue of Aotearoa New Zealand Social Work. The theme for this edition is Child protection, the family and the state: critical responses in neoliberal times.

scholarly journals PREVENTION OF TORTURE ON THE TEMPORARILY OCCUPIED TERRITORIES OF UKRAINE

2021 ◽  
pp. 142-147
Author(s):  
Kh. Yamelska
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Effective Means ◽  
The State ◽  
Council Of Europe ◽  
European Court ◽  
Occupied Territories ◽  
The Government ◽  
Legal Pressure ◽  
The Impact

The article reveals the content of armed aggression and the legal status of the temporarily occupied territories of Ukraine. Russia's aggression against Ukraine is considered in historical retrospect. Cases of torture and other ill-treatment on the temporarily occupied territories have been demonstrated in specific cases. The article examines the state of human rights on the temporarily occupied territories, namely the prevention of torture and other ill-treatment. Ways to prevent torture and ill-treatment in order to respect human rights and maintain the rule of law have been identified. The author determined that system of counteraction to aggression of Russia, which consists the political, legal and economic means, includes the prevention of torture and ill-treatment.The author notes that the adoption of UN GA resolutions and other documents of the Committee of Ministers of the Council of Europe, the Parliamentary Assembly of the Council of Europe, the Organization for Security and Co-operation in Europe are new elements of increasing legal pressure on Russia. The submission of interstate applications by the Government of Ukraine to the European Court of Human Rights against the Russian Federation is one of the effective means of preventing torture. The article reveals the impact of expert and advocacy activities of non-governmental human rights organizations on the prevention of torture and the state of human rights on the temporarily occupied territories. It is noted that maintaining contacts with the citizens of the Autonomous Republic of Crimea, constant informing, as well as obtaining information by the Ukrainian side on the state of human rights in the temporarily occupied territory provides an opportunity to partially prevent such violations and allow future reintegration of these territories. Keywords: prevention of torture, temporarily occupied territories, armed aggression, observance of human rights.

The Vestal Virgins

2016 ◽  
Author(s):  
Meghan J. DiLuzio
Keyword(s):  
Legal Status ◽  
The State ◽  
Religious Institutions ◽  
Religious Orders ◽  
Roman Society ◽  
The Social ◽  
Vestal Virgins ◽  
The City

This chapter focuses on the Vestal Virgins. The six Vestal Virgins belonged to the pontifical college (collegium pontificum), the largest and one of Rome's most prestigious religious orders. Chosen for their role between the ages of six and ten, they were committed to serve the cult of Vesta for a minimum of thirty years. They were synonymous with the continued welfare of the city and inseparable from the Roman's view of themselves. In addition to guaranteeing Rome's future, the Vestal priesthood was cherished as one of the most ancient religious institutions in the city. The chapter then considers the social profile of prospective priestesses and explains how they were chosen for their extraordinary role in Roman society. It also outlines their legal status, which set them apart from ordinary Romans, and the privileges they were granted in exchange for their service to the state.

Social Change in the Countryside of Eleventh-Century Byzantium

2020 ◽  
pp. 62-75
Author(s):  
Kostis Smyrlis
Keyword(s):  
Social Change ◽  
Legal Status ◽  
Eleventh Century ◽  
Rural Society ◽  
Legal Framework ◽  
The State ◽  
Private Landowners ◽  
Economic Relations ◽  
The Social ◽  
Fertile Land

Offering a review of Byzantine rural society during the transitional eleventh century this chapter underlines the role the state played in the evolution of social and economic relations. It is argued that the appropriation by the state of a large part of the fertile land, dictated by financial considerations, greatly restricted the space for expansion of the provincial elite while benefitting certain individuals serving the regime. This nuances the notion that the eleventh and twelfth centuries saw the consolidation of the power of the landowning aristocracy. By the end of the eleventh century, a large portion of the peasantry had become dependent on private landowners. Nevertheless, despite the social and economic restrictions their subjection implied, dependent peasants retained a relatively elevated legal status, thanks to a fiscal apparatus and a legal framework that limited the freedom of great landlords.

Some issues of legal status of authorized bodies in formation of state registers in Ukraine

2021 ◽  
Vol 1 (1) ◽  
pp. 159-166
Author(s):  
Maksym Pryshedko
Keyword(s):  
Organizational Support ◽  
Legal Status ◽  
The State ◽  
Theoretical Research ◽  
Main Function ◽  
State Administration ◽  
The Social ◽  
Basic Approaches ◽  
State Registration ◽  
Law Making

The article represents certain results of the general theoretical research of the peculiarities of the legal status of the bodies of state administration, other state bodies, the commissioners for the formation of state registries and other subjects of the formation and functioning of the state registries; it investigates the basic approaches to the formation of their legal status. The legal status is considered as a complex of marks that determines their place, role and destination in the system of administrative and legal relationship. These marks serve as the elements of the legal status. These elements, above all, comprise their tasks, functions, duties, etc. The legal status of the subjects of the formation and maintenance of each separate state registry is normatively defined. It is proved that the scope and nature of power of the authorized bodies depend on the object of the legal control, the character of the social relationship regulated by the state registry and their importance for the society. The subjects in legal relationships in the sphere of formation and maintenance of the state registries with regard to their place and role in the issue of the legal and organizational support of this process are conditionally divided into two groups according to their legal status. The first group comprises the subjects that don’t directly participate in the formation and functioning of the state registries but definitely have an impact on it. They are the Verkhovna Rada, the President of Ukraine and the Cabinet of Ministers of Ukraine that are authorized with law making powers. The article characterizes the means of implementation of law making powers of the subjects of the first group as their main function in the sphere of the support of formation and functioning of the state registries. The particular attention is paid to the issue of the determination of the place and role of these subjects in legal relationships in the formation of the legal status of the subjects that, according to the requirements of the enactment of the subjects of the first group, determine in their statutory documents the features of formation and maintenance of the corresponding state registries, carry out organizational and legal activities and fulfil other functions of their formation and maintenance. In particular, it is considered the peculiarities of the statutory activity of the holders of state registries, its content and direction. Another group of powers of the subjects directly involved in the formation and maintenance of the state registries is connected with the direct activity of the formation and maintenance of the state registries. In the course of the research it was found who and how determines the powers as an element of the legal status of the holder (disposer) of the state registry, the administrator (technical administrator), the bodies of state registration, maintenance of the state registry and its administration.

Observing Juvenile Courtrooms: Testing the Implementation of Guidelines on Child-Friendly Justice in Spain

Youth Justice ◽  
2020 ◽  
pp. 147322542091802
Author(s):  
Esther Fernández-Molina ◽  
María Bermejo ◽  
Olalla Baz
Keyword(s):  
Justice System ◽  
Children's Rights ◽  
Children’S Rights ◽  
Council Of Europe ◽  
Juvenile Courts ◽  
Child Friendly ◽  
European Standards

In 2010, the Council of Europe adopted Guidelines on child-friendly Justice. This means, inter alia, developing an accessible justice system and focusing on respecting children’s rights to participate in and to understand proceedings. This research was conducted to establish the implementation of child-friendly justice through 129 observations in the courtrooms of two Spanish juvenile courts. The findings show that attempts have been made to comply with European standards, especially by judges who have implemented the required adaptations and encouraged the participation of children. However, the infrastructure does not appear to be the most appropriate, and questionable practices have been identified.

Sign in / Sign up

Export Citation Format

Share Document