scholarly journals Child protection from the civil law perspective – selected issues

2021 ◽  
Vol 11 (1) ◽  
pp. 251-262
Author(s):  
Barbara M. Kałdon

Care for the well-being of the youngest family members is one of the main goals of the legislator. A properly functioning family does not require an interference of the officials as long as it does not deviate from the generally accepted standards. However, if such a situation occurs, it is necessary to undertake legal mechanisms aimed at restoring the proper functioning of the family. Consequently, various branches of the law regulate instruments to help the family overcome the crisis. The article presents selected areas of civil law child protection referring to such issues as prohibition of using corporal punishment against a minor and the consequences of its violation, other forms of abusing parental authority, as well as the regulation of certain relations between parents and children.

2021 ◽  
Vol 2021(42) (1) ◽  
pp. 123-134
Author(s):  
Barbara Małgorzata Kałdon ◽  

Care for the welfare of the youngest family members is one of the main goals of the legislator. A properly functioning family does not require state interference as long as it does not deviate from the generally accepted standards. However, if such a situation occurs, it is necessary to undertake legal mechanisms aimed at restoring the proper functioning of the family. Consequently, various branches of the law regulate instruments to help the family overcome the crisis which it undergoes. The article presents selected areas of civil law child protection referring to such issues as prohibi- tion of using corporal punishment against a minor and the consequences of its violation, other forms of abusing parental authority, as well as the regulation of certain relations between parents and children.


Author(s):  
Sean A R St. Jean ◽  
Brian Rasmussen ◽  
Judy Gillespie ◽  
Daniel Salhani

Abstract Child protection workers are routinely faced with emotionally intense work, both personally and vicariously through the traumatic narratives and experiences of parents and children. What remains largely unknown is how child protection workers’ own childhood memories might influence the manner in which they experience and are affected by those narratives. The aim of this explorative study was to use Interpretive Phenomenological Analysis as a research methodology to answer the research question, ‘In what ways do social workers experience, and make sense of, their own childhood memories in the context of their child protection practice?’ Semi-structured interviews were conducted with eight child protection workers, aiming to understand their personal and professional experiences with regard to this question. The study found a relationship between various forms of childhood adversity and the presence of negative present-day triggers when participants were faced with practice scenarios that bore similarity to those experiences. Implications with regard to child protection worker well-being, countertransference and risk decision-making are discussed.


2016 ◽  
Vol 4 (1) ◽  
Author(s):  
Aditi Rana

Mental illness is a growing reality of our times. Usually in a typical Indian family, the parents act as the primary caregivers for the child suffering from mental disorder. For adult sufferers, it can also be siblings or offspring, and  at times even spouse or partner. Research on the experiences of families of mentally ill people has been minimal in the Indian context. This study aims to shift the focus from the mentally ill patients to the suffering of the caregivers and families of the patient keeping in mind the interconnected well being of the family in a collectivist culture. Following a qualitative approach, narratives have been taken from the family members of mentally ill (narratives of 8 families with mentally ill person) and also the mental health professionals (two) through semi structured interviews. The findings suggest that the family members suffer from a significant amount of stress accompanied by burden. Also, they feel secluded from the society and experience a lack of assistance to deal with the mentally ill member of the family.


Author(s):  
Darby Morhardt ◽  
Marcia Spira

When a member of a family is diagnosed with Alzheimer's disease, the impact of the disease reverberates throughout the relationships within the family. This paper explores the challenges and strengths within one family as members manage and cope with Alzheimer's disease. The person with dementia and his family members are individually interviewed and each person explores the consequences of the disease on personal well-being as well as the relationships within the family. The family demonstrates how dementia in one family member demands flexibility in family roles as they navigate life through the challenges of living with dementia.


Author(s):  
Veronica Dussel ◽  
Barbara Jones

In this chapter, we will focus on the importance of caring for the family of a child with a life-limiting condition (LLC) or life-threatening condition as a unit, each of the family members being integral to the well-being and care of the others. We recognize that the family unit itself is embedded within a wider context including the health and social care system, and more broadly within its society and culture. We discuss the concept of family, exploring the impact of having a child with an LLC, and how families adjust to this. We then expand on considerations about how to offer effective and timely support and help. We have included parents’ narratives with the aim of adding depth to the discussion, and in recognition of the truth of families’ own experiences.


Author(s):  
Claire Fenton-Glynn

This chapter analyses the obligations placed on domestic authorities in the field of child protection. It starts by examining the way in which the Court has attempted to balance the rights of parents and children in this area, and in particular, the place of the ‘best interests’ principle in the Court’s jurisprudence. The chapter then goes on to consider the substantive rights in this area, including emergency measures, the removal of the child from the family, and their placement in alternative care, before examining the extensive procedural rights for parents and children under Articles 6 and 8. Finally, it details the jurisprudence of the Court concerning family reunification and the positive obligations placed on states to facilitate this.


1998 ◽  
Vol 7 (5) ◽  
pp. 383-392 ◽  
Author(s):  
JS Leske ◽  
MK Jiricka

BACKGROUND: Increases in demands on patients' family members that are not reduced by family strengths may contribute to decreases in family adaptation and complicate patients' recovery after trauma. The purpose of this study was to examine family demands (prior stressors and severity of patients' injuries) and family strengths and capabilities (hardiness, resources, coping, and problem-solving communication) associated with outcomes of family well-being and adaptation. METHODS: A multivariate, descriptive design based on the Resiliency Model of Family Stress was used. A convenience sample of family members (N = 51) of adult patients participated within the first 2 days of critical injury. Family demands were measured with the Family Inventory of Life Events and Changes and the Acute Physiology, Age, and Chronic Health Evaluation III. Family strengths were measured with the Family Hardiness Index, Family Inventory of Resources for Management, Family Crisis Oriented Personal Evaluation Scale, and Family Problem Solving Communication Index. Family adaptation outcomes were measured with the Family Well Being Index and Family Adaptation Scale. RESULTS: Increases in family demands were significantly related to decreases in family strengths and family adaptation. Family demands scores accounted for 40% of the variance in family well-being scores. The only significant family strength variable influencing family adaptation was problem-solving communication. CONCLUSIONS: Increases in family demands seem to be an important indicator of the amount of assistance a family may need. Interventions that help mobilize family strengths, such as problem-solving communication, may be effective in promoting the adaptation of families of critically injured patients.


Author(s):  
Ahdar Rex ◽  
Leigh Ian

This chapter examines religious freedom issues that concern the family and parents. There can be no doubt that religiously devout parents are vitally interested in the successful transmission of their faith to their offspring. This is one of the prime incidents of religious liberty. One US judge ventured that ‘no aspect of religious freedom is more treasured than the right of parents to teach children to worship God’. The chapter is organized as follows. Section II outlines the current law governing family autonomy and the religious upbringing of children. Section III contrasts liberal and religious conceptions of the family and childrearing. Section IV explores three controversial topics. First, does a maturing child have an independent right of religious liberty? If not, should she? Second, what is the scope of religious childrearing in the fractured family? Do divorced or separated parents have attenuated rights compared to those parents who are still together? Third, do devout parents have any special religious claim to administer corporal punishment to their children amidst the growing international call for the abolition of the parental right of reasonable chastisement?


2005 ◽  
Vol 60 (4) ◽  
pp. 317-329 ◽  
Author(s):  
Carol M. Musil ◽  
Theresa Standing

Little information exists about the daily lives of women who are grandmothers, and the differences in daily stresses based on caregiving status to grandchildren. This content analysis examines the stresses of 64 grandmothers as grouped by caregiver status (grandmothers raising grandchildren, grandmothers living in multigeneration homes, non-caregivers to grandchildren) as recorded in three-week diaries. The nature of salient issues and stressful interactions differed by caregiver groups. Grandmothers raising grandchildren reported more stresses related to grandchildren's routines, activities, and school progress, more time pressure, and difficult interactions with grandchildren. The diary entries of grandmothers in multigenerational homes reflected their supplemental role in childcare, and sometimes stressful interactions with other family members. Grandmothers with no routine caregiving to grandchildren reported more involvement with those outside the immediate family. Many general concerns about the well-being of the family represent commonalities in grandmothers despite differences in current caregiving roles to grandchildren.


Paragrana ◽  
2013 ◽  
Vol 22 (1) ◽  
pp. 214-234
Author(s):  
Christoph Wulf

Abstract This German-Japanese ethnographic study shows how important happiness and a satisfying life are for people, as well as how important the family is in this context. In an ethnographic study we examined the Christmas rituals of three families in Germany and the New Year rituals of three families in Japan. The goal of our study was to find out how family members create their well-being and happiness in rituals. In their mise-en-scène and staging of the happiness language and imagination, corporeality and performativity, mimetic processes, rituals, and gestures play an important role. We discovered and also analyzed transcultural elements of family happiness: the sacred foundation of the family, the importance of the communal meal, the role of the exchange of gifts, the function of narratives and memories, and the importance of time for each other to create togetherness.


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