scholarly journals El interés superior del menor en el caso de los hijos nacidos en España de madres que no transmiten su nacionalidad por aplicación del Derecho islámico. En particular, la reforma del Derecho marroquí = The superior interest of the child in the case of children born in Spain of mothers who do not transmit her nationality by applying the Islamic Law. In particular, the reform of Moroccan Law

2018 ◽  
Vol 10 (1) ◽  
pp. 510
Author(s):  
Isabel Zurita Martín
Keyword(s):  
Islamic Law ◽  
Best Interests ◽  
Best Interest ◽  
Unmarried Mother ◽  
Nationality Law

Resumen: La imposibilidad de la mujer de transmitir la nacionalidad a sus hijos en algunos ordenamientos islámicos lleva consigo la apatridia del menor en caso de madre no casada, dado que los hijos nacidos fuera del matrimonio carecen de filiación paterna. Esta circunstancia ha obligado a la DGRN a pronunciarse sobre la solicitud de nacionalidad española de los hijos nacidos en España de padres marroquíes no casados, dando lugar a una doctrina al respecto que ha venido a ser refrendada por la modificación de la Ley de Nacionalidad marroquí. El objetivo de este trabajo es reflejar, a la luz del principio de igualdad constitucional, la evolución de la legislación marroquí en esta materia, tomando como referencia las resoluciones emitidas por la DGRN, a fin de valorarlas teniendo en cuenta el interés superior del menor.Palabras clave: nacionalidad, filiación, Derecho islámico, Derecho marroquí, interés superior del menor.Abstract: The inability of a woman to transmit her nationality to her children in some Islamic systems entails the statelessness of the child in the case of an unmarried mother, since children born out of wedlock are deprived of paternal filiation. This circumstance has forced the DGRN to pronounce on the application of Spanish nationality of the children born in Spain of Moroccan unmarried parents, giving rise to a doctrine in this respect that has been endorsed by the modification of Moroccan Nationality Law. The aim of this paper is to reflect, in the light of the principle of constitutional equality, the evolution of Moroccan legislation in this area, taking as reference the resolutions issued by the DGRN, in order to assess them taking into account the best interests of the child.Keywords: nationality, filiation, Islamic law, Moroccan law, the best interest of the child.

Opinions Regarding the Principle of Promoting with Priority the Superior Interest of the Child in the Regulation of Law No. 272/2004 and the Romanian Civil Code

2020 ◽  
Vol 26 (2) ◽  
pp. 150-156
Author(s):  
Aurelia Teodora Drăghici ◽  
Andrei Murgu ◽  
Teodor Bodoașcă
Keyword(s):  
Children's Rights ◽  
Civil Code ◽  
Children’S Rights ◽  
Best Interests ◽  
Legal Analysis ◽  
Best Interest ◽  
Regulation Of Law

SummaryThe study is devoted mainly to the logical-legal analysis of the provisions of art. 2 of Law no. 272/2004 on the promotion and protection of children’s rights, as well as art. 263 of the Civil Code, which establish the main normative solutions regarding the “priority promotion of the principle of the best interests of the child”. Although the phrase “the best interests of the child” is used in the construction of many rules of Law no. 272/2004, the Civil Code and other normative acts, the legislator refrained from establishing its significance, leaving this approach to the doctrine. The proposed study is intended to be a contribution to achieving this goal. We were also concerned with the identification of normative inaccuracies and the substantiation of pertinent proposals of lege ferenda for the improvement of the regulations regarding the principle of promoting with priority the principle of the best interest of the child.

scholarly journals THE RIGHT TO ACQUIRE THE MOTHER'S NATIONALITY

2021 ◽  
Vol 03 (08) ◽  
pp. 225-240
Author(s):  
Hiba Thamer MAHMOOD
Keyword(s):  
International Law ◽  
Islamic Law ◽  
Comparative Approach ◽  
Private International Law ◽  
Human Right ◽  
Applicable Law ◽  
Mother And Child ◽  
The Right ◽  
International Conventions ◽  
Nationality Law

Acquiring the mother's nationality is a human right in general and the rights of the mother and child in particular stipulated in international conventions and the Iraqi constitution in force for the year 2005, in addition, the Iraqi Nationality Law stipulates the mother’s right to transmit nationality to her children, but according to conditions previously set by the Iraqi legislature, because it helps to reduce the issue of statelessness, is considered one of the important and contemporary jurisprudence topics, which stirred controversy among legal jurists between supporters and opponents, especially Islamic law jurists because the child is attributed to his father, and the state legislations differed in it, as well as in the legal implications of acquiring the mother’s nationality, including dual nationality, applicable law, inheritance issues and other Private international law matters. Therefore, the research dealt with the topic according to the comparative approach in two topics, the first study on the child's right to the nationality of his mother and was divided into two demands, the first requirement is what is the mother’s nationality, and the second requirement is about equality in the right to acquire a nationality, while the second topic examined the foundations of acquiring the mother’s nationality In the Iraqi Nationality Law, it was divided into two topics: The first requirement is the cases of acquiring the mother’s nationality in the Iraqi Nationality Law. The second requirement relates to how to acquire the mother’s nationality and its implications. Through the foregoing, where a number of results and proposals have been reached, we found that the transmit of nationality from the mother to the child born in the territory of a state would be beneficial in the event that the father's nationality had been rejected for political reasons, the issue of granting nationality by the mother to her children helped in the transfer of inheritance from the mother to the children and the acquisition of ownership, especially real estate, which states require the foreigner to have multiple conditions for approval of ownership, where countries have to unify their legislation regarding the mother's right to grant citizenship to her children based on the right of blood to limit the problems of international law, such as the issue of determining the applicable law, Actual nationality and other matters‎‎. Keywords: Mother's Nationality, Human Rights, Gender Equality, Acquisition of Nationality, Discrimination Against Women, International Conventions

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.

scholarly journals Hukum Waris terhadap Anak Adopsi dalam Perspektif Islam

2020 ◽  
Vol 7 (1) ◽  
pp. 94-106
Author(s):  
Muhammad Lutfi Syarifuddin
Keyword(s):  
Child Protection ◽  
Islamic Law ◽  
Adoptive Parents ◽  
Customary Law ◽  
Best Interests ◽  
Adopted Children ◽  
Inheritance Law ◽  
Law System ◽  
Biological Parents ◽  
The Family

In practice, in Indonesia children adoption has become a public phenomenon in society and is part of the family law system because it involves individual interests in the family. In the case of adoption, parents need to pay attention to the best interests of the child and be implemented based on local customs, applicable laws and regulations, this has been regulated in Article 39 of the Child Protection Act. Adoption of children is divided into two types, namely adoption of children between Indonesian citizens (domestic adoption) and adoption of Indonesian citizens by foreign citizens (adoption between countries). Appointment of children must be done by legal process, through the establishment or decision of the Court. The research method is normative juridical research. Based on the research results, the inheritance Indonesian citizens rights in the Indonesian inheritance law case are implemented based on Islamic law, adopted children do not inherit from adoptive parents and remain the biological parents. Under customary law, the inheritance of adopted children depends on customary law in the area. By law adoption children do not inherit from adoptive parents, and adopted children remain the heirs of their biological parents.

Clinician Activism and Ethical Restraints in Providing Treatment: Preventive as Opposed to Reconstructive Approaches

1992 ◽  
Vol 29 (6) ◽  
pp. 571-574
Author(s):  
Howard M. Saal
Keyword(s):  
Health Professionals ◽  
Birth Defect ◽  
Treatment Decisions ◽  
Best Interests ◽  
Guidance And Counseling ◽  
Best Interest

There is seldom controversy when faced with treatment decisions for a child born with a birth defect. Occasionally, the situation arises in which a decision to withhold treatment must be made. Under most circumstances the responsibility for making such decisions rests with the child's parents or guardians, since it is generally felt that these individuals are the best advocates for the child's best interests. In order to make such difficult decisions, the parents are dependent upon the guidance and counseling of health professionals, especially the physicians most closely involved in each case. The ultimate decisions made by parents are dependent upon open and unambiguous communication with their children's clinicians as well as open communications among the caregivers themselves. The role of the clinician as an advocate for treatment and nontreatment of children is dependent upon clear unbiased communication and the desire to do what is in the best interest for each patient.

scholarly journals Protecting the Best Interests of the Child: A Comparative Analysis of the Youth Justice Systems in Ireland, England and Scotland

2010 ◽  
Vol 18 (2) ◽  
pp. 217-231 ◽  
Author(s):  
Raymond Arthur
Keyword(s):  
Young People ◽  
International Law ◽  
Justice System ◽  
Best Interests ◽  
Youth Justice ◽  
Best Interest ◽  
The Republic ◽  
The Government ◽  
Offending Behaviour ◽  
Best Interest Principle

AbstractIn the Republic of Ireland the government has proposed amending the Irish Constitution in order to improve children's rights. In this article I will argue that the proposed amendment represents a serious diminution in the rights historically afforded to young people who offend, disregards Ireland's commitments under international law and also ignores the well established link between child maltreatment and youth offending. The Irish approach echoes developments in the English youth justice system where the welfare concerns of young people who offend have become marginalised. I will compare the Irish and English approaches with the Scottish youth justice system which looks beyond young people's offending behaviour and provides a multi-disciplinary assessment of the young person's welfare needs. I will conclude that in Ireland, and in England, the best interest principle must be applied fully, without any distinction and integrated in all law relevant to children including laws regulating anti-social and offending behaviour.

scholarly journals The Principle of Protecting the Best Interests of the Child in Shia Jurisprudence and Iran’s Legal System with Emphasis on Custody (New Understanding of a Traditional Legal Concept)

2019 ◽  
Vol 6 (1-2) ◽  
pp. 67-82
Author(s):  
Seyed Masoud Noori ◽  
Maryamossadat Torabi
Keyword(s):  
Legal System ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
International Treaties ◽  
Best Interest ◽  
Legal Concept ◽  
Rights Of The Child ◽  
The Family ◽  
Made In

In this article, children’s rights will be studied in the Iranian legal system with remarks on its references in the Shia Jurisprudence. One of the main issues regarding children, is their guardianship, custody or tutorship. The Iranian legal system, same as the Shia Jurisprudence, has always kept the best Interest of the child as an essential ground for law making. Referring to court decisions; it is evident that control of the guardianship on the child is limited by the best interests of the child, because this interests is what we are sure to understand from the reason of custody of the child and that this system is designed only to secure child’s best interests since he/she might be incapable to secure his/her interests alone. The Iranian legal system, especially in the family law section is based on the Islamic rules. The main documents in the Shia Jurisprudence in Islam are Quran, Hadith, Consensus and reasoning which will be defined herein. In addition, a more recent review will be made in this study regarding the ratified laws regarding children’s rights and international treaties and conventions while focusing on the Convention on the Rights of the Child even though, Iran joined this convention by having several reservations.

scholarly journals The concept and scope of restorative justice for juveniles According to the Islamic and Jordanian Legislations

2020 ◽  
Vol 9 (2) ◽  
pp. 482
Author(s):  
Ebtisam Al-Saleh ◽  
Kefah Al-Soury ◽  
Hanan Al-Daher
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Islamic Law ◽  
Judicial System ◽  
The Self ◽  
Best Interests ◽  
Alternative Approach ◽  
Not Criminally Responsible ◽  
Criminal Reconciliation ◽  
The Law

The adoption of the restorative justice approach is more appropriate for the children in conflict with the law and more sensitive to achieving their best interests and rehabilitating them to facilitate their reintegration into society again  ( socializing ),  and to play a constructive role in the society,  and not to return to violating the law again,  unlike the traditional policy in the criminal justice,  which did not give the sufficient weight to the personal and objective circumstances of the child ,  and it focused on the punishment and criminalization for every wrongful act without looking at restorative  alternatives to the convicted child . The restorative justice, therefore, is an alternative approach to the ordinary criminal procedure in certain cases. The judicial system is not the only procedure that must address the phenomenon of children in conflict with the law in all cases.   In certain cases, it is better to conduct a dialogue and mediation between the perpetrators and the victims, with the aim of reaching to repair the harm and to rehabilitate the perpetrators (children) according to the measures outside the judicial system.  This is what Islamic Shari’a called fourteen centuries ago.  The Shari’a (Islamic Law) defined the criminal reconciliation and approved it as one of the most serious types of crimes against the self by the adult, as it has indicated.  According to the Shari’a, the juvenile, whether he is cognizant or not of, is not criminally responsible for the violations he commits nor a case will be filed against him and no penal action will be taken against him.

scholarly journals ANAK ANGKAT DALAM HUKUM KEWARISAN ISLAM DAN HUKUM PERDATA

2020 ◽  
Vol 2 (1) ◽  
pp. 101
Author(s):  
Nur Aisyah
Keyword(s):  
Family Member ◽  
Islamic Law ◽  
Civil Law ◽  
Adoptive Parents ◽  
Adopted Children ◽  
Best Interest ◽  
Adopted Child ◽  
Applicable Law ◽  
Biological Children ◽  
The Status

AbstractThe issue of adoption has been determined in Islamic law and civil law. Where both legal instruments state that the adoption of a child is something that is allowed as long as it is in the best interest of the adopted child. However, problems arise regarding adoption of children associated with inheritance issues. In Islamic law and civil law have different provisions. In Islamic law the status of adopted children can’t be equated with biological children so that they can’t receive inheritance from their adopted parents. However, the adopted child is entitled to get a will from his adoptive parents provided that no more than one-third of the assets of the adoptive parents. Whereas according to the law code of civil law states that the adopted child as a family member can get the inheritance from the adoptive parents based on the provisions of the applicable law (ab instestato) or with a will (testament).Keywords: Adopted Children, Civil Law, Inheritance, Islamic Law, Mandatory Wills.AbstrakPersoalan pengangkatan anak telah ditentukan dalam hukum Islam dan hukum perdata. Dimana kedua perangkat hukum tersebut menyatakan bahwa pengangkatan anak adalah sesuatu yang diperbolehkan selama demi kepentingan terbaik bagi anak angkat. Akan tetapi muncul persoalan terhadap pengangkatan anak yang dikaitkan dengan persoalan waris. Dalam hukum Islam dan hukum perdata mempunyai ketentuan yang berbeda. Dalam hukum Islam status anak angkat itu tidak dapat disamakan dengan anak kandung sehingga tidak dapat menerima harta warisan dari orang tua angkatnya. Meskipun demikian, anak angkat tersebut berhak mendapatkan wasiat dari orang tua angkatnya dengan ketentuan tidak boleh lebih dari sepertiga harta kekayaan orang tua angkat. Sedangkan menurut kitab undang-undang hukum perdata menyatakan bahwa anak angkat sebagai anggota keluarga dapat memperoleh harta warisan dari orang tua angkatnya berdasarkan ketentuan undang-undang yang berlaku (ab instestato) ataupun dengan adanya surat wasiat (testament).Kata Kunci : Anak Angkat, Hukum Islam, Hukum Perdata, Warisan, Wasiat Wajibah.

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.

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