scholarly journals Barnets beste som juridisk argument i begrunnelser og beslutninger i barnevernet

2020 ◽  
pp. 25-48
Author(s):  
Camilla Bennin
Keyword(s):  
Human Rights ◽  
Child Welfare ◽  
Child Protection ◽  
Best Interests ◽  
Legal Basis ◽  
Child Protection Services ◽  
Rights Of The Child ◽  
New Challenges ◽  
Primary Focus

This chapter discusses the rules of law that apply when considering the best interests of the child, and how these may actively be used as arguments in a Child Protection Services (CPS) case. The primary focus is linked to the Child Welfare Act and the decisions and justifications of the CPS; however, the goal has also been to look at the national rules in the context of human rights. This applies particularly to the best interests of the child as a basic value of the UN Convention on the Rights of the Child. To understand an area of law it may also be necessary to have insight on the developments in this field. Discussions are being raised about making the quality of attachment a principle in its own right, about the child’s independent right to child protection services and the child’s right to participate and have influence. New challenges have been raised in the wake of decisions by the ECHR, where several judgments have been quite critical of Norwegian child protection practices. The impending new Child Welfare Act in Norway will affect CPS’ legal basis for the decisions it makes in the future. There is much to indicate that we are living in a time when the different interpretations of the best interests of the child are emerging more clearly.

scholarly journals Understanding Child Support in the Pattern of Child Protection based on the Principle of Child Protection

2021 ◽  
Vol 8 (1) ◽  
pp. 92
Author(s):  
M. Nur Syafiuddin ◽  
Rachmad Safa’at ◽  
Prija Djatmika ◽  
Istislam Istislam
Keyword(s):  
Human Rights ◽  
Child Welfare ◽  
Child Protection ◽  
Child Support ◽  
Analytical Techniques ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
Legal Research ◽  
Materials Used

Children have human rights (HAM) as those of adults. Unfortunately, discussions regarding children's rights are not as intense as adult rights or women's rights. There are not many parties that discuss and take concrete actions related to the protection of children's rights. In fact, children are a reflection of the future, assets of family, religion, nation and state. This study aims to describe and analyze the meaning of child support in the pattern of child protection in Indonesia based on the best interests of the child. This normative legal research utilized a philosophical and statutory approach. Analytical techniques used to process legal materials were analytical prescriptive methods, hermeneutics (interpretation) of law and ijtihadi. The legal materials used were primary legal materials including laws on child protection and secondary legal materials consisting of all literature and publications relevant to the field of child protection law. The results showed that there are at least two meanings of child support in the pattern of child protection in Indonesia based on the principle of child protection: child support as a guarantee for child welfare and child support as a futuristic value in child protection.

‘In All Actions Concerning Children’?

2016 ◽  
Vol 24 (1) ◽  
pp. 155-184
Author(s):  
Milka Sormunen
Keyword(s):  
Human Rights ◽  
Child Welfare ◽  
Primary Education ◽  
Best Interests ◽  
Applicable Law ◽  
Rights Of The Child ◽  
Comprehensive Reference

Best interests of the child safeguarded by Article 3(1) of the Convention on the Rights of the Child (crc) have to be a primary consideration in all actions concerning children. This article evaluates implementation of Article 3(1) in practice by analysing recent jurisprudence of the Supreme Administrative Court of Finland. Results of the study indicate differences between case groups in considering and referring to best interests; the Supreme Administrative Court has considered best interests regularly in cases concerning aliens and child welfare, sometimes in cases related to primary education and reimbursements, and never in cases related to environmental permits. The meaning of the best interests of the child varies between case groups, and the connection to human rights often remains unclear. Best interests have been referred to more often when they have been mentioned in the applicable law or its preparatory works. The results support including a comprehensive reference to the best interests in national laws.

The Best Interests of the Child

2020 ◽  
pp. 203-221
Author(s):  
Wouter Vandenhole ◽  
Gamze Erdem Türkelli
Keyword(s):  
Human Rights ◽  
Family Law ◽  
Children's Rights ◽  
Case Law ◽  
Children’S Rights ◽  
Best Interests ◽  
Rights Of The Child ◽  
European Court ◽  
Elusive Concept

The best interests of the child principle is considered a pillar of children’s rights law and, according to the UN Convention on the Rights of the Child (CRC), is to be a primary consideration in all actions concerning children. Yet best interests is an elusive concept and principle that has no single authoritative definition or description. Internationally and domestically relevant in such diverse areas as family law, adoption, migration, and socioeconomic policymaking, the best interests principle requires flexibility and is best served by a case-by-case approach, as has been recognized by the UN Committee on the Rights of the Child and the European Court of Human Rights. This chapter analyzes relevant international case law and suggests the use of a number of safeguards to prevent such requisite flexibility from presenting a danger of paternalism, bias, or misuse.

Working Toward Recognition of the Rights of Migrant and Refugee Children

2020 ◽  
pp. 674-695
Author(s):  
Sarah Paoletti
Keyword(s):  
Human Rights ◽  
Civil War ◽  
Best Interests ◽  
Refugee Children ◽  
Next Generation ◽  
Rights Of The Child

This chapter addresses the rights of migrant and refugee children who increasingly are forced into migration, either alone or with members of their family, due to violence, civil war, poverty, economic degradation, and other often-intersecting factors. While addressing the rights and obligations set forth in the Convention on the Rights of the Child and other international and regional human rights instruments, the chapter further seeks to bring attention to the complexity and fluidity of migration and the motives that spurn migration; the role of family in serving the child’s best interests; and the scope of considerations that must be accounted for in seeking to ensure that the next generation of immigrants is positioned to thrive.

Unaccompanied migrant youth in the Nordic countries

2019 ◽  
pp. 235-256
Author(s):  
Hilde Lidén
Keyword(s):  
Human Rights ◽  
Quantitative Data ◽  
Nordic Countries ◽  
Best Interests ◽  
Court Cases ◽  
Unaccompanied Minors ◽  
Rights Of The Child ◽  
Migrant Youth ◽  
New Policies ◽  
Human Rights Standards

This chapter explores the ambiguities and changes in regulations concerning unaccompanied asylum-seeking minors within, as well across, the Nordic countries, with regard to the gap between restrictions, new policies and practices on one hand, and the human rights standards set out in the UN Convention on the Rights of the Child and in immigrant-related legislation on the other. The chapter focuses on Sweden, Denmark and Norway. The chapter draws on research combining studies on documents and legal analyses (human rights conventions, national laws, regulations and court cases); an analysis of quantitative data from immigration authorities to identify particular areas of concern; and qualitative research, including fieldwork and interviews with unaccompanied minors, staff in reception centres, legal guardians and immigration authorities. The chapter highlights the growth in the discourse and policy of stricter immigration regulations over the best interests of the child.

Children’s human rights and diversity in schools: Framing and measuring

2018 ◽  
Vol 13 (2) ◽  
pp. 276-298 ◽  
Author(s):  
Audrey Osler ◽  
Trond Solhaug
Keyword(s):  
Human Rights ◽  
Child Protection ◽  
Measurement Instrument ◽  
Implementation Strategies ◽  
United Nation Convention ◽  
Child Rights ◽  
School Settings ◽  
Rights Of The Child ◽  
Human Rights Standards ◽  
United Nation

We report on the development of an instrument to measure attitudes to children’s human rights and diversity in schools. It was developed to investigate perceptions of human rights and diversity among students and then teachers in two contrasting areas of Norway. The instrument draws on human rights standards articulated in the United Nations Convention on the Rights of the Child. It is intended for use in future baseline studies, allowing for transnational and comparative analysis of child rights in education. The near-universal ratification of the United Nation Convention on the Rights of the Child provides an agreed international framework for evaluating rights implementation strategies over time. We contextualise the measurement instrument, focusing on rights provision, child protection, and participation in schools. We consider its strengths and possible limitations and discuss the need for a sound human rights conceptual model through which child rights in school settings can be interpreted.

scholarly journals Exploring inequities in child welfare and child protection services: Explaining the ‘inverse intervention law’

2015 ◽  
Vol 57 ◽  
pp. 98-105 ◽  
Author(s):  
Paul Bywaters ◽  
Geraldine Brady ◽  
Tim Sparks ◽  
Elizabeth Bos ◽  
Lisa Bunting ◽  
...  
Keyword(s):  
Child Welfare ◽  
Child Protection ◽  
Child Protection Services

Strengthening the Monitoring of and Compliance with the Rights of the African Child

2015 ◽  
Vol 23 (2) ◽  
pp. 365-390
Author(s):  
Robert Johnson
Keyword(s):  
Human Rights ◽  
Cultural Practices ◽  
Best Interests ◽  
African Child ◽  
International Human Rights ◽  
Rights Of The Child ◽  
International Human ◽  
African Charter ◽  
Human Rights Standards ◽  
Monitoring Practice

The African Charter on the Rights and Welfare of the Child is a progressive human rights instrument by international human rights standards. The provisions of theunConvention on the Rights of the Child and the African Charter are contrasted, noting stronger African provisions for the child’s ‘best interests’, stronger safeguards in areas of traditional or ‘cultural’ practices, and provisions concerning the ‘duties’ of the child and its implications for the child’s empowerment. Additionally, the African oversighting Committee holds stronger mandates than exist for theunCommittee on the Rights of the Child. However, reporting and monitoring practice by states parties and the oversight mechanism fall well short of such obligations and mandates. The paper proposes a range of measures to better ensure the rights of the African child, and their importance for the rights of all children and in advancing the international human rights treaty system.

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