Parents and Children: Rights and Duties

2011 ◽  
Author(s):  
Joanna L. Grossman ◽  
Lawrence M. Friedman
Keyword(s):  
Legal Status ◽  
State Intervention ◽  
Third Parties ◽  
The State ◽  
Parental Authority ◽  
Financial Independence ◽  
Parents And Children ◽  
American Law ◽  
Children Rights

This chapter looks at the rights and obligations of those who have earned (or been saddled with) the legal status of “parent.” It examines state intervention in troubled families and challenges to parental authority by third parties (grandparents seeking visitation rights, for example). The chapter also looks at children's procedural and expressive rights against the state, and the rights against their parents related to financial independence, sex, marriage, and reproduction. It shows that American law has empowered children—at least to a degree—and has defined not only their rights, but also what society and their parents owe them, though enforcing these rights can be somewhat difficult regardless.

Parental legal authority to determine and change the name, patronymic and surname of children: continuity of approaches in the Soviet and Russian legal systems

2021 ◽  
Vol 2021 (1) ◽  
pp. 78-87
Author(s):  
Nataliya Burdanova
Keyword(s):  
Legal System ◽  
Legal Status ◽  
Family Law ◽  
Parental Authority ◽  
Legal Authority ◽  
Russian History ◽  
Judicial Practice ◽  
Parents And Children ◽  
Legal Situation ◽  
History Of

Using the example of parental powers to determine and change the name, patronymic and surname of children, the article examines the regularity of the formation and development of the institution of personal non-property rights and responsibilities of parents in Russia. The author describes the legal situation of parents and children established in the monarchic period of Russian history by 1917. Issues such as the prerequisites for the establishment of the legal institution of the branch of family law in the Soviet legal system and the nature and causes of changes in the legal status of children depending on the legality of birth have been raised. The rights and duties of parents, differences in the legal status of men and women, and the influence of marital status and other circumstances were considered. The main sources of the study were normative legal acts and judicial practice of the Soviet and Russian periods of the history of the national state and law. The study concluded that a comprehensive approach had been developed in Soviet family law to regulate parental authority to determine and change the children’s first name, patronymic and surname. The modern Russian legal system has adopted rules establishing parental authority to determine and change the children’s first name, patronymic and surname of the Soviet legal system.

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.

Unequal Welcome and Unequal Life Chances: How the State Shapes Integration Opportunities of Immigrants

2013 ◽  
Vol 54 (2) ◽  
pp. 295-326 ◽  
Author(s):  
Janina Söhn
Keyword(s):  
Legal Status ◽  
Social Inequalities ◽  
State Intervention ◽  
The State ◽  
Immigrant Incorporation ◽  
Scientific Debate ◽  
Life Chances ◽  
Host Government ◽  
Adult Immigrants ◽  
Immigrant Selection

AbstractThis article contributes to the broader scientific debate on how the state generates and modifies life chances of individuals and social groups by highlighting a specific way of institutional (re-)production of social inequalities: it explores the nature and impact of immigrant-specific state intervention. Building on the concept of “modes of incorporation” by Portes and colleagues, a theoretical section explicates how specific contexts of reception by the host government may impact on integration outcomes. An empirical study applies this model to Germany – an example of moderate socio-economic immigrant selection, but extensive legal stratification. I demonstrate substantial effects of differential government reception and legal status on socio-economic outcomes among adult immigrants and their children. A concluding section outlines how the model presented here could help advance comparative studies of immigrant incorporation.

scholarly journals Wolność religijna a nauczanie w szkole

2008 ◽  
Vol 51 (1-2) ◽  
pp. 211-227
Author(s):  
Paweł Sobczyk
Keyword(s):  
Public Schools ◽  
Religious Education ◽  
Religious Freedom ◽  
Legal Status ◽  
The State ◽  
Religious School ◽  
Parents And Children ◽  
Teachers And Students ◽  
The Status ◽  
The Relationship

In its individual and collective dimensions, religious freedom is a constitutional matter. It is one of the fundamental human rights, and defines the principles of the relationship between the state and churches and other religious organisations. Religious freedom remains closely connected with the concept of school education, the teaching of religion in kindergartens and public schools, the religious education of adults, religious practices of children and young people when on holidays, and religious schools. Among the specific issues are, above all, the legal status of religion teachers, the legal status o f religious school teachers and students, and the status of religion as a school subject. In his study, the author discusses the following issues: the concept and basis of religious freedom, the family, parents, and children as subjects o religious freedom, the state as a competence subject with regard to religious freedom, and the present problems and remarks de lege ferenda.

Arbitration—UNCITRAL Rules—justiciability and indispensable Third parties—legal status of Hawaii

2001 ◽  
Vol 95 (4) ◽  
pp. 927-933 ◽  
Author(s):  
Bernard H. Oxman ◽  
David J. Bederman ◽  
Kurt R. Hilbert
Keyword(s):  
United States ◽  
Legal Status ◽  
The United States ◽  
Third Parties ◽  
The State ◽  
Arbitral Tribunal ◽  
Hawaiian Kingdom ◽  
Failure To Protect

Lance Paul Larsen v. The Hawaiian Kingdom. At <http://www.pca-cpa.org>.Permanent Court of Arbitration Tribunal, February 5, 2001.In Larsen v. The Hawaiian Kingdom Lance Paul Larsen, a resident of the state of Hawaii, sought redress from the Hawaiian Kingdom for its failure to protect him from the United States and the State of Hawaii. The parties, who agreed to submit their dispute to arbitration by the Permanent Court of Arbitration (PCA), shared similar goals and wished the Arbitral Tribunal (Tribunal) to address the question of the international legal status of Hawaii.

Urgensi Ilmu Kedokteran Islam dengan Hukum Islam (Studi Identifikasi Deoxrybo Nucleic Acid (DNA) terhadap Sepersusuan)

2018 ◽  
Vol 12 (1) ◽  
pp. 133-146
Author(s):  
Li’izza Diana Manzil
Keyword(s):  
Nucleic Acid ◽  
Breast Milk ◽  
Legal Status ◽  
Islamic Law ◽  
Medical Science ◽  
Dna Identification ◽  
Islamic Medicine ◽  
Parents And Children ◽  
The Status ◽  
Brothers And Sisters

One sign of the rapidly growing world of medical science is its success in making one discovery about Deoxrybo Nucleid Acid (DNA). Islam does not prohibit the practice of DNA identification because it can be used in determining the legal status of relative relationships and related marital prohibitions among families because of the similarity of DNA genes between parents and their children. In Islam marriage prohibition can also occur between brothers and sisters. DNA identification can be done between siblings as a result of the presence of gene elements in breast milk. In addition, breast milk can also develop bone and grow meat if breastfeeding at least five times suction. But the results of DNA tests conducted between siblings cannot be more accurate if done to find relationships of parents and children. From this it clearly proves that Islamic medicine has an urgent value to Islamic law. This can be seen from one of its axiology in determining the status of brotherhood.

Analysis of geodetic and legal documentation in the process of expropriation for roads. Krakow case study

2013 ◽  
Vol 62 (1) ◽  
pp. 67-84
Author(s):  
Anna Trembecka
Keyword(s):  
Local Government ◽  
Legal Status ◽  
The State ◽  
Property Value ◽  
Real Property ◽  
Construction Design ◽  
Special Rules ◽  
The City

Abstract Amendment to the Act on special rules of preparation and implementation of investment in public roads resulted in an accelerated mode of acquisition of land for the development of roads. The decision to authorize the execution of road investment issued on its basis has several effects, i.e. determines the location of a road, approves surveying division, approves construction design and also results in acquisition of a real property by virtue of law by the State Treasury or local government unit, among others. The conducted study revealed that over 3 years, in this mode, the city of Krakow has acquired 31 hectares of land intended for the implementation of road investments. Compensation is determined in separate proceedings based on an appraisal study estimating property value, often at a distant time after the loss of land by the owner. One reason for the lengthy compensation proceedings is challenging the proposed amount of compensation, unregulated legal status of the property as well as imprecise legislation. It is important to properly develop geodetic and legal documentation which accompanies the application for issuance of the decision and is also used in compensation proceedings.

Sound-Politics in São Paulo

2019 ◽  
Author(s):  
Leonardo Cardoso
Keyword(s):  
Crime Control ◽  
State Intervention ◽  
Sao Paulo ◽  
The State ◽  
Ethnographic Study ◽  
São Paulo ◽  
Cultural Rights ◽  
Point Of Entry ◽  
Wide Range ◽  
Analytical Category

This book is an ethnographic study of controversial sounds and noise control debates in Latin America’s most populous city. It discusses the politics of collective living by following several threads linking sound-making practices to governance issues. Rather than discussing sound within a self-enclosed “cultural” field, I examine it as a point of entry for analyzing the state. At the same time, rather than portraying the state as a self-enclosed “apparatus” with seemingly inexhaustible homogeneous power, I describe it as a collection of unstable (and often contradictory) sectors, personnel, strategies, discourses, documents, and agencies. My goal is to approach sound as an analytical category that allows us to access citizenship issues. As I show, environmental noise in São Paulo has been entangled in a wide range of debates, including public health, religious intolerance, crime control, urban planning, cultural rights, and economic growth. The book’s guiding question can be summarized as follows: how do sounds enter and leave the sphere of state control? I answer this question by examining a multifaceted process I define as “sound-politics.” The term refers to sounds as objects that are susceptible to state intervention through specific regulatory, disciplinary, and punishment mechanisms. Both “sound” and “politics” in “sound-politics” are nouns, with the hyphen serving as a bridge that expresses the instability that each concept inserts into the other.

Standardized Education With Free Textbooks

2020 ◽  
Author(s):  
Eugenia Roldán Vera ◽  
Susana Quintanilla
Keyword(s):  
Historical Context ◽  
Previous History ◽  
State Intervention ◽  
Teaching Quality ◽  
The State ◽  
Educational Reforms ◽  
Social Equality ◽  
Production And Distribution ◽  
History Of

The Mexican policy of state provision of standardized textbooks for all was instituted in 1959 and still ongoing. This is an overview of the previous history of state intervention in the production and distribution of school textbooks, an examination of the particular circumstances in which the 1959 policy was figured and implemented, and a description of the characteristics of the different generations of textbooks that have since been published, corresponding with several educational reforms. The arguments for and against standardized textbooks mobilized by different sectors of society throughout sixty years are discussed in their historical context. Far from this being a debate about the authoritarian intervention of the state in education, issues of social equality and teaching quality have been central.

scholarly journals Neoliberal State Intervention and the Power of Community in Urban Regeneration: An Empirical Study of Three Village Redevelopment Projects in Guangzhou, China

2021 ◽  
pp. 0739456X2199466
Author(s):  
Siu Wai Wong ◽  
Xingguang Chen ◽  
Bo-sin Tang ◽  
Jinlong Liu
Keyword(s):  
Empirical Study ◽  
Urban Governance ◽  
Local Governance ◽  
Community Building ◽  
Field Research ◽  
Urban Regeneration ◽  
State Intervention ◽  
The State ◽  
Village Communities ◽  
The City

A key theme in urban governance research is how neoliberalism reshapes the state–society relationship. Our study on Guangzhou, where urban regeneration through massive redevelopment of “villages-in-the-city” uncovered interactions between the state, market, and community in local governance, contributes to this debate. Based on intensive field research to analyze three projects, we find that what really controls neoliberal growth in China is not simply the authoritarian tradition of the socialist state but also the power of the indigenous village communities. Our findings suggest that state intervention for community building is vital for rebalancing power relations between the state, market, and community.

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