scholarly journals Ochrona dziecka z perspektywy cywilnoprawnej – wybrane zagadnienia

2021 ◽  
Vol 2021(42) (1) ◽  
pp. 123-134
Author(s):  
Barbara Małgorzata Kałdon ◽  
Keyword(s):  
Corporal Punishment ◽  
Child Protection ◽  
Civil Law ◽  
Family Members ◽  
Parental Authority ◽  
Proper Functioning ◽  
Parents And Children ◽  
The Family ◽  
A Minor ◽  
State Interference

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.

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

2021 ◽  
Vol 11 (1) ◽  
pp. 251-262
Author(s):  
Barbara M. Kałdon
Keyword(s):  
Corporal Punishment ◽  
Child Protection ◽  
Civil Law ◽  
Family Members ◽  
Well Being ◽  
Parental Authority ◽  
Proper Functioning ◽  
Parents And Children ◽  
The Family ◽  
A Minor

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.

Child Protection

2020 ◽  
pp. 304-351
Author(s):  
Claire Fenton-Glynn
Keyword(s):  
Child Protection ◽  
Family Reunification ◽  
Best Interests ◽  
Alternative Care ◽  
Parents And Children ◽  
The Family ◽  
Procedural Rights ◽  
Emergency Measures ◽  
The Way

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.

Part III, 7 Families, Parents and Children

2013 ◽  
Author(s):  
Ahdar Rex ◽  
Leigh Ian
Keyword(s):  
Corporal Punishment ◽  
Religious Freedom ◽  
Religious Liberty ◽  
Successful Transmission ◽  
Parents And Children ◽  
The Family ◽  
The Right ◽  
Family Autonomy ◽  
Religious Claim

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?

A case study of a Korean-American family’s code switching during conflict-related interaction

2015 ◽  
Vol 3 (2) ◽  
pp. 289-316 ◽  
Author(s):  
Nydia Flores-Ferrán ◽  
Sora Suh
Keyword(s):  
Family Members ◽  
Korean American ◽  
Code Switching ◽  
Bilingual Children ◽  
American Family ◽  
Parents And Children ◽  
The Family ◽  
Meal Time ◽  
Discursive Strategy

The study explores how code switching (CS) manifests itself in adversarial episodes during meal time. In particular, it examines how CS emerges among members of a Korean American family as they wrangle, dispute, and argue in this intimate discursive setting. Several researchers have examined how arguments and disputes among children are realized (e.g., Boggs 1978; Brenneis and Lein 1977; Corsaro and Rizzo 1990; Eisenberg and Garvey 1981). Nonetheless, little is known about how bilingual children and their parents employ CS as a negotiating tool in conflict-related interactions. Among the findings, the study reveals that CS is manifested in the parents and children in slightly different ways although the family members skillfully maneuver the use of two languages and registers. The study uncovers how CS was employed as a strategy to attempt to achieve goals and how it intersected with stance taking. In general, CS also emerged as a discursive strategy that the interlocutors employed to explicate, challenge, mitigate, hedge, and plead during these episodes.

scholarly journals PROPERTY RELATIONS IN KYRGYZ FAMILY: LEGAL ASPECTS

THE BULLETIN ◽  
2020 ◽  
Vol 6 (388) ◽  
pp. 249-256
Author(s):  
Murzabekova Zh.T., ◽  
◽  
Nasbekova S.K., ◽  
Osmonalieva N.Zh., ◽  
◽  
...  
Keyword(s):  
Child Protection ◽  
Common Property ◽  
Family Members ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Kyrgyz Republic ◽  
Legal Analysis ◽  
Property Relations ◽  
The Family ◽  
Family Code

The article provides legal analysis of features of family property relations in the custom law of the Kyrgyz people and the legislation of the Kyrgyz Republic. Using analysis, synthesis, legal and historical law methods, the Matrimony and Family Code of the Kyrgyz SSR of 1969, the Family Code of the Kyrgyz Republic of 2003, the Code of Laws on Civil Status Acts, Matrimony, Family and Fiduciary Law of the RSFSR of 1918, The Code of Laws on Marriage, Family and Fiduciary of the RSFSR of 1926, The Ordinance of the President of the Kyrgyz Republic dated January 26, 2012 No. 17 “On declaring 2012 the Year of Family, Peace, Concordance and Mutual Forgiveness” and Family Support and Child Protection Program for 2018 - 2028 of Government of the Kyrgyz Republic were studied. The article analyzes relevant theoretical and practical issues related to common property of spouses, separate property of spouses, relations between parents and children for joint ownership and use of each other's property, alimony responsibility of family members and property relations of factual spouses. According to the author, legal norms regulating property relations in family are important when courts consider cases in sphere of protection of property rights of family members. In particular, the authors came to the conclusion in the Kyrgyz Republic the legal regulation of property relations in family is basis for resolving contentious issues in the family law.

scholarly journals Family and fertility: does kin help influence women’s fertility, and how does this vary worldwide?

2017 ◽  
Vol 14 (1) ◽  
pp. 18-34 ◽  
Author(s):  
Rebecca Sear
Keyword(s):  
Nuclear Family ◽  
Family Members ◽  
Academic Disciplines ◽  
Reproductive Decisions ◽  
Raising Children ◽  
Parents And Children ◽  
The Family ◽  
Kin Support ◽  
Salient Factor ◽  
Context Specific

AbstractDespite the tendency of some academic disciplines to assume that the nuclear family is normative, the family takes a number of different forms cross-culturally. Regardless of family form, family members typically cooperate in raising children. Intergenerational help (from grandparents to parents and children), for example, is a cross-cultural universal. Such cooperation means that the availability of kin may be one salient factor in deciding whether and when to have children. Here I consider the evidence for whether the availability of kin does influence fertility, and whether these relationships vary cross-culturally. I find evidence from middle and lower income populations that the presence of kin does increase fertility, and that these relationships are plausibly driven by cooperation between family members. In higher income contexts, associations between kin and fertility are mixed, and appear particularly sensitive to how kin availability and support is measured. There is some evidence that certain measures of support from kin (such as emotional support or help with childcare) increases the likelihood of subsequent births, but kin support is not always positively associated with fertility. Family matters for fertility, then, though these relationships may be complex and context-specific. Policy needs to take this diversity into account, and should not focus exclusively on the nuclear family model, nor neglect the roles other family members play in reproductive decisions.

scholarly journals Sytuacja prawna dzieci w Polsce po 1945 r. Wybrane aspekty z A.S. Makarenką w tle

2017 ◽  
Vol 39 (4) ◽  
pp. 69-75
Author(s):  
Sylwia Różycka-Jaroś
Keyword(s):  
Child Welfare ◽  
Corporal Punishment ◽  
School Environment ◽  
Parental Authority ◽  
The Past ◽  
Leading Role ◽  
The Family ◽  
History Of ◽  
Legal Position ◽  
First Time

The time after 1945 is one of the most important moments in the process of developing children’s rights, because for the first time in the history of Polish legislation the established law had equalized the legal position of all children, abolishing all differences between those who were born in and outside of marriage. The analysis carried out in the text shows that the law established at that time was not only progressive in relation to the past, but it also kept up to date, about which, after the liberal breakthrough of 1989, we do not want to remember. The developed principles of exercising parental authority, with parents’ rights and duties equated, caused the concept of the child welfare to play a leading role in the interpretation of family law. The child welfare has therefore become the basic value that requires priority treatment. It is also important that after 1945 the process of eliminating children’s corporal punishment from the pre-school and school environment, and now also from the family circle, was initiated.

3. Protection from domestic violence and occupation of the family home

2018 ◽  
Author(s):  
Stephen Gilmore ◽  
Lisa Glennon
Keyword(s):  
Domestic Violence ◽  
Family Law ◽  
Civil Law ◽  
Family Members ◽  
Protective Orders ◽  
The Family ◽  
Family Home

This chapter considers the civil law remedies which are designed to protect a victim from domestic violence. The two primary protective orders under Part IV of the Family Law Act (FLA) 1996 are the non-molestation order and the occupation order which can be applied for and obtained in conjunction with each other, or separately. The chapter also discusses the fact that the occupation order can also be used to regulate occupation of the family home in non-violent situations when a dispute arises between family members about who is entitled to occupy the home, and on what basis.

The Role of Information and Communication Technologies in Family Dynamics

2019 ◽  
Vol 11 (3) ◽  
pp. 1-20
Author(s):  
J. Dinesh Kumar ◽  
Arulchelvan Sriram
Keyword(s):  
Information And Communication Technologies ◽  
Leisure Activities ◽  
Family Members ◽  
Family Activities ◽  
Digital World ◽  
Parents And Children ◽  
Communication Time ◽  
The Family ◽  
Technological Developments ◽  
Chennai City

ICT influence in various activities in the family is a periodical topic to study as the technological developments grow day by day. This research attempts to study the influence of ICT in various family activities with special reference to parent and children. 88 families from Chennai city were surveyed and interviewed to find the influence of ICT in usage, purpose, preference, leisure activities, depression time activities, and communication time. Findings found the changes occurred in families and their opinion on ICT usage in a contemporary family structure. It is found that parents and children use the ICT devices in a similar way except for preference of activity. Parents prefer ICT more for entertainment whereas children preference is for education, developing social networks, etc. Except for communication facilitation, family members feel that ICT has changed most of the family activities, but it is considered as modern and acceptable in today's digital world. Family members have both positive and negative opinions regarding ICT usage in their family.

The attitude to children, their right for life and development in Russia (X cent.-beginning of the XVIII cent.)

2014 ◽  
Vol 5 (1) ◽  
pp. 126-131
Author(s):  
Galina Lvovna Mikirtichan
Keyword(s):  
Corporal Punishment ◽  
Basic Principle ◽  
Legal Status ◽  
State Level ◽  
State Regulation ◽  
The State ◽  
Russian Society ◽  
Parents And Children ◽  
The Family ◽  
Systematic Program

The article discusses the problem of treatment of children and care for them during the period of Kiev and Moscow Rus and Russia at the beginning of the XVIII century. The basic legislative acts and documents reflecting the situation with children and their legal status, relationships between parents and children are analyzed. The basic principle of relations within the family was lawlessness, unquestioning obedience children to parents which was maintained by both oral reprimands and corporal punishment. Peter I had a systematic program of little-year-olds’ charity on the state level. A number of his decrees aimed to stop infanticide , to change the system of orphans’ protection and help, to alleviate the fate of illegitimate children (including the organization of hospitals for “bastards” and wet nurses service), to create conditions for upbringing and education of children, to reduce beggary. Speed, pragmatism, brutal methods of his reforms splitted the Russian society which was not ready for the new, including the state regulation of orphans’ charity, so the fulfillment of his decrees met great difficulties.

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