scholarly journals THE POSITION OF THE CHILD IN LITIGATION PROCEEDINGS IN THE LEGAL MATTERS OF EXERCISE, DEPRIVATION AND RESTORATION OF PARENTAL RIGHTS

TEME ◽  
2020 ◽  
pp. 083
Author(s):  
Ranka V Vujović
Keyword(s):  
Legal Protection ◽  
Public Prosecutor ◽  
Parental Rights ◽  
Parent Child Relationship ◽  
Rights Of The Child ◽  
Legal Relation ◽  
Child Relationship ◽  
The Family ◽  
The Right ◽  
Procedural Rights

Numerous entities in various procedural roles participate in the litigation proceedings for the exercising, denying and restoring of parental rights. The usual classification of litigation participants into subjects in a narrow, and subjects in a broader sense, may apply to such litigations. In the narrow sense, the subjects of the litigations are the litigation court and the litigants. In a broader sense, these are all persons who in any way participate in the litigation: interveners, counsel, witnesses, expert witnesses, interpreters, translators. Some of them participate in the proceedings to protect their own, and others to protect the rights and interests of others, and some are there to provide the necessary assistance in collecting the litigation material, present evidence, etc. Pursuant to the family laws, the capacity of a party in these proceedings, through the standardization of the right to the standing to commence an action, is assigned to the child, parents, custody authority and the public prosecutor. However, these are only potential, but not necessary participants in these proceedings. The proceedings may also be initiated and conducted without all the participants of the family-legal relation participating in them. As a rule, there is no participation of the child as a party, although, essentially, the child's right to live with parents and to have (adequate) parental care is the central theme of the proceedings. In all of these litigations, in fact, legal protection is afforded to the rights of the child arising from the parent-child relationship, namely from the rights and duties of the parent towards the child. This paper critically analyzes the national regulations governing the position of the child in litigation proceedings in the legal matters of exercising, denying and the restoring of parental rights, with a view to determine whether, and to what extent, the solutions contained in those regulations comply with the postulates of a fair trial, enable the exercise of a child’s right to participate in the proceedings that are to decide on the issues that affect him/her and provide effective protection of his/her procedural rights.

Towards an Understanding of Children’s Perceptions of Physical Punishment in the Family Context

2020 ◽  
Vol 28 (2) ◽  
pp. 401-423
Author(s):  
Brooke Walton ◽  
Bernadette J. Saunders
Keyword(s):  
Physical Punishment ◽  
Family Context ◽  
Physical Pain ◽  
Parent Child Relationship ◽  
Qualitative Synthesis ◽  
Alternative Discipline ◽  
Rights Of The Child ◽  
Child Relationship ◽  
Online Databases ◽  
The Family

This qualitative synthesis explores how children perceive physical punishment in the family context. A search of four online databases identified eight qualitative studies. Findings revealed that children provided detailed accounts about their experiences of physical punishment, and they associated physical punishment with both emotional and physical pain. Children justified the use of physical punishment based on their precipitating behaviour, their status, and the intergenerational transmission of physical punishment. Children suggested alternative discipline to physical punishment, and urged caregivers to respect them. Children also recognised that physical punishment escalated in severity and negatively influenced the parent-child relationship. The results highlight the benefit of including children in research, the need to understand the factors that shape children’s perspectives and, most importantly, the ongoing influence of the United Nations Convention on the Rights of the Child (uncrc) (1989), to ensure that children’s human rights are recognised, and more widely upheld worldwide.

scholarly journals Family and Justice in Political Philosophy

2021 ◽  
Author(s):  
Serena Olsaretti
Keyword(s):  
Well Being ◽  
Equality Of Opportunity ◽  
Parent Child Relationship ◽  
Raising Children ◽  
Child Relationship ◽  
Biological Parents ◽  
Widespread Agreement ◽  
Biological Children ◽  
The Family ◽  
The Right

Political philosophers’ interest in the family—understood as a unit in which one or more adults discharge a socially and legally recognized role as primary carers of their children—has given rise to a rich and multifaceted body of literature. Some of the questions philosophers address concern justice and the family, specifically, that is, they concern the competing claims of individuals once it is acknowledged that, as well as being citizens, individuals have all been members of families as infants, and may be members of families as parents, and that how the family is structured and run has a profound impact on the prospects and opportunities of infants and of their parents, and on some interests of society as a whole. Two main sets of questions about the family and justice are as follows. The first set of questions concerns what the family owes society as a matter of justice, that is, how the family can and should help realize, or how it may hinder the achievement of, independently formulated demands of justice. One such demand is that of equality of opportunity: philosophers have debated whether the existence of the family necessarily threatens pursuit of equality of opportunity for children, and what may, or should, be done about this. They have offered a variety of diagnoses of the problem and solutions to it, depending on their views about the legitimacy of parental partiality and about the value of the parent–child relationship. Another demand of justice that may be in tension with the family is the demand not to diminish the fair shares of one’s fellow-citizens. Whether prospective parents must constrain their freedom to found and raise a family in light of considerations about the environmental impact that their having and rearing children will have for future generations, for example, is a growing concern among philosophers. The second set of questions about the family and justice concern what society owes families—that is, what citizens owe to one another as a matter of justice, insofar as they are actual or potential members of families. While there is widespread agreement that adults have a right to parent—and to parent their biological children, in particular—and that children have a right to be raised in families and typically by their biological parents, there is a wealth of different views regarding the grounds of these rights. The views differ depending on whether they appeal to people’s interests in freedom, or in well-being, or both, in order to justify access to the family. Whether, besides having the right to access the family, parents also have claims to having society share in the costs of having and raising children, is a further question that political philosophers have examined and on which they have offered diverging answers.

TINDAK PIDANA PENCURIAN DENGAN PEMBERATAN YANG DILAKUKAN SECARA BERSAMA-SAMA (Analisis Putusan Nomor 143/Pid.B/2015/PN.Dmk)

2021 ◽  
Vol 3 (2) ◽  
Author(s):  
Chairunisa Chairunisa ◽  
Alfitra Alfitra ◽  
Mara Sutan Rambe
Keyword(s):  
Criminal Code ◽  
Public Prosecutor ◽  
Economic Factors ◽  
The Public ◽  
The Family ◽  
The Right ◽  
The Impact

Permasalahan utama dalam penelitian ini adalah ketidaktepatan penjatuhan pidana oleh Hakim kepada pelaku dalam kasus pencurian dengan pemberatan pada Putusan Nomor 143/Pid.B/2015/PN.Dmk. Penelitian ini bertujuan untuk mengetahui dan menganalisis faktor yang melatarbelakangi terjadinya pencurian dengan pemberatan dan pertimbangan Hakim dalam menjatuhkan pidana terhadap pelaku dalam Putusan Nomor 143/Pid.B/2015/PN.Dmk. Hasil penelitian ini menunjukkan bahwa faktor yang melatarbelakangi terjadinya tindak pidana pencurian dengan pemberatan dalam putusan Nomor 143/Pid.B/2015/PN.Dmk oleh AD sebagai pelaku turut serta melakukan pencurian dengan pemberatan yaitu disebabkan oleh faktor ekonomi karena ia merupakan tulang punggung keluarga dan harus memenuhi kebutuhan hidup baik untuk dirinya maupun keluarganya. Kemudian, oleh karena semua unsur dalam dakwaan primair telah terpenuhi, Hakim menjatuhkan pidana kepada pelaku dengan dakwaan kesatu yaitu pelaku melanggar Pasal 363 Ayat (1) Ke-3, Ke-4, dan Ke-5 KUHP. Hakim sudah tepat mengambil keputusan yaitu mengadili pelaku dengan tindak pidana pencurian dalam keadaan memberatkan akan tetapi hukuman yang dijatuhkan oleh Hakim sangatlah minim dan lebih rendah dari apa yang dituntut oleh Jaksa Penuntut Umum karena pelaku sebelum melakukan tindak pidana pencurian dengan pemberatan baru saja keluar dari Lembaga Pemasyarakatan (Lapas) dengan kasus Penggelapan dalam Putusan Nomor 133/Pid.B/2014/PN.Pti dan sudah pernah dihukum. Maka dari itu, hukuman yang diberikan kepada pelaku tidaklah sebanding dengan apa yang dilakukannya dan sebaiknya Hakim juga mempertimbangkan dampak dan kerugian yang ditimbulkan bagi korban akibat perbuatan pelaku.AbstractThe main problem in this research is the inaccuracy of the sentence handed down by the judge to the perpetrator of the robbery case weighing Decision Number 143/Pid.B/ 2015/PN.Dmk. This study aims to see and analyze the factors underlying the weighted actions and judges' considerations in imposing crimes against the perpetrators of Decision Number 143/Pid.B/2015/PN.Dmk. The results showed that the factors behind the occurrence of criminal acts of theft with weighting in the decision Number 143/Pid.B/2015/PN.Dmk by AD as the perpetrator participated in committing theft with weight, namely due to economic factors because he was the backbone of the family and had to meet the necessities of life both for himself and his family. Then, because all the elements in the primair indictment had been fulfilled, the Judge sentenced the perpetrator to the first charge, namely the perpetrator violating Article 363 Paragraph (1) 3rd, 4th, and 5th of the Criminal Code. The judge has made the right decision, namely trying the perpetrator with a criminal act of theft in burdensome circumstances, but the sentence handed down by the Judge is very minimal and lower than what is demanded by the Public Prosecutor because the perpetrator before committing the crime of theft with weight has just left the Penitentiary (Lapas) with embezzlement cases in Decision Number 133/Pid.B/2014/PN.Pti and have already been convicted. Therefore, the sentence given to the perpetrator is not proportional to what he has done and the judge should also consider the impact and harm caused to the victim as a result of the perpetrator's actions.

Adoption

2021 ◽  
pp. 205-238
Author(s):  
Sanford N. Katz
Keyword(s):  
Child Welfare ◽  
State Regulation ◽  
Individual Autonomy ◽  
Parental Rights ◽  
Parent Child Relationship ◽  
Termination Of Parental Rights ◽  
Adoptive Family ◽  
The Past ◽  
Child Relationship ◽  
Private And Public

This chapter addresses the establishment of a new parent–child relationship through adoption. It explores the recurring tension between individual autonomy and state regulation in the placement of children for adoption, and how it is reflected in the major developments in adoption in the past half-century. During the twentieth century, adoption was a specialized child welfare service performed by social workers in private and public child welfare agencies. Whether a birth mother relinquished her infant for adoption voluntarily or whether adoption was the final outcome of a child dependency proceeding, the articulated goal, sometimes achieved and sometimes mere rhetoric, was to advance the best interests of the child. These two tracks—voluntary relinquishment and involuntary termination of parental rights—resulting in adoption have given rise to dual systems in the past forty years. Even though the ultimate outcome of adoption for children from either system may be the same in terms of a court establishing the adoptive status, there is a major difference in goals. The goal of the voluntary system may well be to provide a childless couple with an infant so as to continue the adoptive family name. The aim of dependency proceedings resulting in the termination of parental rights is to protect children, and the disposition of adoption is a vehicle for providing a child with a permanent attachment to a family.

9. The Legal Position of Children

2015 ◽  
pp. 296-329
Author(s):  
N V Lowe ◽  
G Douglas
Keyword(s):  
Legal Status ◽  
Parent Child Relationship ◽  
Child Relationship ◽  
The Family ◽  
Legal Position ◽  
The Law ◽  
Parent Child

This chapter discusses the legal position of children. It first considers the relatively simple issues of who the law regards as a child and the meaning of ‘child of the family’. It then discusses the child's legal status; the changing nature of the parent-child relationship; and the still developing notion of the child's independent or autonomy rights.

scholarly journals Developmental trajectory from early responses to transgressions to future antisocial behavior: Evidence for the role of the parent–child relationship from two longitudinal studies

2013 ◽  
Vol 26 (1) ◽  
pp. 93-109 ◽  
Author(s):  
Sanghag Kim ◽  
Grazyna Kochanska ◽  
Lea J. Boldt ◽  
Jamie Koenig Nordling ◽  
Jessica J. O'Bleness
Keyword(s):  
Antisocial Behavior ◽  
Low Income ◽  
Externalizing Behavior ◽  
Family Study ◽  
Developmental Trajectory ◽  
Parent Child Relationship ◽  
Child Relationship ◽  
The Family ◽  
Early Relationships ◽  
Parent Child

AbstractParent–child relationships are critical in development, but much remains to be learned about the mechanisms of their impact. We examined the early parent–child relationship as a moderator of the developmental trajectory from children's affective and behavioral responses to transgressions to future antisocial, externalizing behavior problems in the Family Study (102 community mothers, fathers, and infants, followed through age 8) and the Play Study (186 low-income, diverse mothers and toddlers, followed for 10 months). The relationship quality was indexed by attachment security in the Family Study and maternal responsiveness in the Play Study. Responses to transgressions (tense discomfort and reparation) were observed in laboratory mishaps wherein children believed they had damaged a valued object. Antisocial outcomes were rated by parents. In both studies, early relationships moderated the future developmental trajectory: diminished tense discomfort predicted more antisocial outcomes, but only in insecure or unresponsive relationships. That risk was defused in secure or responsive relationships. Moderated mediation analyses in the Family Study indicated that the links between diminished tense discomfort and future antisocial behavior in insecure parent–child dyads were mediated by stronger discipline pressure from parents. By indirectly influencing future developmental sequelae, early relationships may increase or decrease the probability that the parent–child dyad will embark on a path toward antisocial outcomes.

Mentoring At-Risk Latino Children and Their Parents: Analysis of the Parent–Child Relationship and Family Strength

2002 ◽  
Vol 83 (3) ◽  
pp. 285-292 ◽  
Author(s):  
Theresa Barron-McKeagney ◽  
Jane D. Woody ◽  
Henry J. D'Souza
Keyword(s):  
At Risk ◽  
Parent Education ◽  
Mentoring Programs ◽  
Future Research ◽  
Latino Children ◽  
Parent Child Relationship ◽  
Family Strength ◽  
Child Relationship ◽  
The Family ◽  
Parent Child

The Family Mentoring Program (FMP), which provided approximately 1 year of mentoring for at-risk, 10-year-old Latino children and their parents, offered individual mentoring, group educational sessions for children and parents, and group social/recreational activities. This study examined mothers' perceptions of the parent–child relationship and of family strength as measured by the Parent–Child Relationship Inventory (PCRI) and the Family Hardiness Index (FHI). Analysis focused on factors expected to contribute to variance in the outcome measures. Regression results indicated that involvement in parent group education predicted higher scores on the Support and Communication measures. Compared to the standardized samples used in the development of these measures, mothers, at the beginning of the program, scored lower on six of seven PCRI subscales and on the FHI. By the end of the program, mothers' scores on Support and Limit Setting had improved, no longer differing from the standardized norms. The overall findings suggest that parents of children in mentoring programs need services and parent education and that they can benefit from these. Future research should focus on careful design and evaluation of multifaceted mentoring programs that include parents.

scholarly journals INTERVENSI ANAK DALAM PERCERAIAN

2017 ◽  
Vol 15 (2) ◽  
pp. 185
Author(s):  
Firman Wahyudi
Keyword(s):  
Child Protection ◽  
Psychological Impact ◽  
Divorce Rate ◽  
Positive Trend ◽  
Rights Of The Child ◽  
High Divorce Rate ◽  
The Family ◽  
The Right ◽  
Protection Commission ◽  
Husband And Wife

The high divorce rate in Indonesia sometimes result with positive and negative trends. Positive trend meant the rise of women to defend their rights as a wife that is often abused by her husband so divorce is the best solutions and alternatives. Trend downside besides destroying a family structure also carries a psychological impact, especially children in addition to great effect in socio-civic life. Legal divorce just look at issues from both parties (husband and wife) only, while the other family members in this case the child is not involved. Though the realm of the family consisting of a husband and wife and children. Child has a fundamental right within the family and also have the right to intervene to prevent his parents' divorce because he was the main victim of the divorce itself. Required a special advocate to defend the interests and rights of the child in his parents' divorce given the level of skill in the legal act has not been adequate. In this case the role and functions of the Indonesian Child Protection Commission (KPAI) is necessary in order to fulfill these rights.

scholarly journals Terminating Parental Rights through a Backdoor in the Virginia Code

2018 ◽  
Author(s):  
Dale Margolin Cecka
Keyword(s):  
Supreme Court ◽  
Constitutional Law ◽  
Conflicts Of Interest ◽  
Fourteenth Amendment ◽  
Parental Rights ◽  
Parent Child Relationship ◽  
Termination Of Parental Rights ◽  
Child Relationship ◽  
The Supreme Court ◽  
Parent Child

This article explores deficits in the statute, in light of constitutional law, other Virginia adoption and termination of parental rights statutes, and other states' codes and jurisprudence. Part II describes the history and practice of the statute. Part III describes the flaws of the statute, including Fourteenth Amendment violations and inherent conflicts of interest. Part IV calls for the revision of section 1202(H) based on recent precedent in which the Supreme Court of Virginia recognized the sanctity of the parent-child relationship and the state's interest in preserving it.

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