scholarly journals Patria pietas – condiția juridică a copilului în familia postmodernă

2021 ◽  
Vol 65 (4) ◽  
pp. 307-326
Author(s):  
Emese Florian ◽  
Keyword(s):  
Children's Rights ◽  
Parental Authority ◽  
The Other ◽  
Children’S Rights ◽  
Parental Rights ◽  
Rights Of The Child ◽  
Other Hand ◽  
Domestic Law

"For obvious reasons, the child requires protection and is beneficiary of said protection, usually received by his/her parents; on the other hand, he/she possesses wide array of children's rights and freedoms stipulated in international documents and reflected in our domestic law. Parental rights and duties regarding the person and the child's property, generically designated by the phrase ""parental authority"", are impregnated by the rights of the child (I) and circumscribe the exercise of that authority (II)."

scholarly journals PERKAWINAN ANAK DALAM PERSPEKTIF HAK ASASI MANUSIA

EGALITA ◽  
2017 ◽  
Vol 11 (1) ◽  
Author(s):  
Dina Tsalist Wildana ◽  
Irham Bashori Hasba
Keyword(s):  
Southeast Asia ◽  
Children's Rights ◽  
The Other ◽  
Children’S Rights ◽  
Early Marriage ◽  
Negative Effects ◽  
Se Asia ◽  
Rights Of The Child ◽  
Other Hand ◽  
Age Of Marriage

<p>Marriage at the age of children still occur in some areas. Not only in Indonesia, in some areas is still high number of early marriages. Indonesia has had a regulation on the protection of children. But on the other hand the marriage at the age of children is still high even ranked second in Southeast Asia after Cambodia. This obviously shows that regulation owned does not run optimally. This article will discuss about some children's rights that are violated by the existence of early marriage. Despite showing some of the negative effects of marriage on the age of the child but at the end of this writing offers several formulations so that children in the age of marriage is not so much seized the rights of the child.</p><p>Perkawinan di usia anak masih marak terjadi di beberapa wilayah. Tidak hanya di Indonesia, di beberapa wilayah masih tinggi angka perkawinan dini.Di Indonesia telah memiliki regulasi tentang perlindungan anak. Namun disisi lain perkawinan di usia anak masih tinggi bahkan menduduki peringkat ke 2 se Asia Tenggara setelah Kamboja. Hal ini jelas menunjukkan regulasi yang dimiliki tidak berjalan optimal. Pada tulisan ini akan membahas tentang beberapa hak anak yang dilanggar dengan adanya perkawinan dini. Kendati menunjukkan beberapa dampak negatifdari perkawinan di usia anak namun di akhir tulisan ini menawarkan beberapa formulasi agar perkawinan di usia anak tidak begitu banyak menyita hak-hak anak.</p><p> </p><p align="center"> </p><p> </p>

scholarly journals Diversion in the Form of Protection of Human Rights

2019 ◽  
Vol 1 (2) ◽  
pp. 87-94
Author(s):  
Arhjayati Rahim
Keyword(s):  
Human Rights ◽  
Justice System ◽  
Juvenile Justice System ◽  
Children's Rights ◽  
The Other ◽  
Children’S Rights ◽  
Judicial Process ◽  
Rights Of The Child ◽  
Other Hand ◽  
The Law

Crimes committed by children in Indonesia has reached its peak it signified the increasing rate of crimes committed by children. A dilemma when it comes to handling the perpetrators of crimes committed by children, on the other hand children are vulnerable creatures and  tend not to be accountable as a result of his actions, on the other hand the child has committed a criminal offense that harm others. That many regulations that have been published  to address the issue. The most recent is the Law No. 11 Year 2012 on child criminal justice system, which emphasizes the process of diversion in solving criminal cases involving children.             Diversion destination is clear in Act No. 11 of 2012 concerning juvenile justice system Article 6 of diversion aims: Achieving peace victims and children, Resolving cases of children outside the judicial process, Protects children from the deprivation of liberty, Encouraging people to participate, Instill a sense of responsibility answer to this Child. Hal accordance with the principle of fulfillment of children's rights. So in this paper will discuss setting How Diversion Law as a form of Human Rights Protection. The existence of a diversion process in some cases of child crime that must be sought, it is hoped that in the future it will provide ideal and comprehensive protection for handling cases of children facing the law so that the fulfillment of children's rights both as victims and perpetrators can be carried out effectively and lead to fulfillment human rights because the truth is that human rights are inherent rights and exist in every human being and must be protected by the state  Keywords : Human Rights , Rights of the Child , Diversion

scholarly journals Considerations on the Best Interests of the Child as a Principle of Exercising Parental Authority

2016 ◽  
Vol 18 (32) ◽  
pp. 88-96
Author(s):  
Cosmina Flavia Bobar
Keyword(s):  
Historical Perspective ◽  
Children's Rights ◽  
Civil Code ◽  
Parental Authority ◽  
Children’S Rights ◽  
Best Interests ◽  
Parental Rights ◽  
Normative Documents ◽  
Rights Of The Child

Abstract The principle of the best interests of the child is the basis for international or national normative documents adopted after the 1989 UN Convention on the Rights of the Child. They enshrine the prevalence of this principle in any decision that must be made with regard to the child, and regardless of its author. In the matter of parental authority, the Romanian Civil Code subordinates parental rights and duties to this principle, placing the interests of the child above the interests of parents. This study presents such aspects as referring to the principle of the best interests of the child, including from a historical perspective, while also emphasising concern in the doctrine for defining but also establishing criteria to appraise the best interests of the child, prior to the amendment of Law no. 272/2004 on the protection and promotion of children’s rights.

COMMUNICATION ROLE OF RIGHTS AND LEGAL STATUS

2019 ◽  
pp. 233
Author(s):  
Inta Siliniece
Keyword(s):  
Legal Status ◽  
Children's Rights ◽  
The Other ◽  
Children’S Rights ◽  
Civil Justice ◽  
Active Lifestyle ◽  
Rights Of The Child ◽  
The Right

One of today's most important issues in the field of international civil justice is the provision of family and children's rights. These are the right of the child to be in contact with both parents and the right of parents to take part in the upbringing of children. This is especially important if parents live separately or even in different countries. The global processes of globalization and the active lifestyle of people moving from one country to another determine the topicality of the issue. Increasingly, children are illegally moved from one country to another, thus limiting both the rights of the child with the other parent and the right of the other parent in the upbringing of the child.

Children's Rights, Paternal Power and Fiduciary Duty: From Roman law to the Supreme Court of Canada

2011 ◽  
Vol 19 (1) ◽  
pp. 21-54 ◽  
Author(s):  
Anne McGillivray
Keyword(s):  
Supreme Court ◽  
Corporal Punishment ◽  
Social Engagement ◽  
Children's Rights ◽  
Fiduciary Duty ◽  
Children’S Rights ◽  
Parental Rights ◽  
Supreme Court Of Canada ◽  
Rights Of The Child ◽  
The Supreme Court

AbstractParental rights originate in patria potestas, the proprietary power of the Roman father, and its incidents of custody, control and corporal punishment. Parental rights as proprietary rights, as rights over another, cannot co-exist with children's rights. What, then, are parental rights in the age of children's rights? This Essay surveys the influence of Roman doctrine on modern law in and through the Supreme Court of Canada. The court acknowledges children's rights, views proprietary rights over children as a thing of the past and recognizes custody as the child's right, not the parent's. Yet the court vitiated the fiduciary standard for parents, limited state parens patriae jurisdiction and upheld two of the three incidents of patria potestas. By making childhood an excuse for avoiding principled rights analysis, conflating adult interests with children's rights and confusing assault with touch, the court upheld the proprietary rights of corporal punishment and control. If parental rights are understood as rights correlative to parental fiduciary duty, and if rights are seen as markers of relationship rather than its antithesis, then the law is rid of archaic notions of parental rights. The way is open to substantive judicial and social engagement with the rights of the child.

scholarly journals Children's rights in Swedish teacher education

2020 ◽  
Vol 3 (2) ◽  
pp. 49-67
Author(s):  
Åsa Olsson
Keyword(s):  
Teacher Education ◽  
Human Rights ◽  
Social Change ◽  
United Nations ◽  
Teacher Educators ◽  
Children's Rights ◽  
Children’S Rights ◽  
Rights Of The Child ◽  
United Nations Convention ◽  
Domestic Law

In 2020, the United Nations Convention on the Rights of the Child (UNCRC) was incorporated into Swedish domestic law. In the proposals for new legislation, it is emphasised that steps be taken to develop knowledge of children’s rights among professionals at all levels. This article explores the presence and status of children’s rights in Swedish teacher education. A total of 362 teacher-education course plans and syllabi at 12 universities were examined, and a questionnaire was conducted among 156 teacher educators. Although teacher educators judge knowledge around children’s rights to be important for pre-service teachers, the syllabi provide little guidance as to what knowledge pre-service teachers need. Using the framework for analysing human rights education designed by educational specialist Felisa Tibbitts, it is concluded that Swedish teacher education fits with a Values and Awareness Model, which is associated with socialisation but not with social change.

scholarly journals Exploring the Tension between the Rights of the Child and Parental Rights: Voices from Ghana

2021 ◽  
Author(s):  
Obed Adonteng-Kissi
Keyword(s):  
United Nations ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
Parental Rights ◽  
Cultural Variations ◽  
Rights Of The Child ◽  
Role Of The State ◽  
United Nations Convention ◽  
The United Nations

The principle of “best interests of the child” is firmly established in legal jurisprudence and has taken a firm hold on several domestic and global instruments. Generally, the courts rely on this principle in many cases of child custody, child work, child labour, and compulsory education. The norm of best interests of the child seems to be placed at the core of international law in relation to children’s rights by Article 3(1) of the United Nations Convention on the Rights of the Child (UNCRC). Nevertheless, there is no one universal “best interests of the child” norm owing to cultural variations. In Ghana, this raises issues of conflicts between expectations in the rights and duties of the parent and the right of the child as expressed in the United Nations Convention on the Rights of the Child (UNCRC) and offers a genuine opportunity for reform. The United Nations Convention on the Rights of the Child (UNCRC) adopted the rights of the child that can be classified into three groups: protection rights, provision rights, and participation rights. It appears the best interests of the child is at the centre of international children’s rights law which is articulated through Article 3(1) of the UNCRC. Presently, the advocacy of a child’s right to welfare grounded on human dignity has generated the present discussion on the rights of the child. Article 18 of the UNCRC provides that parents have a shared and core responsibility for the nurturing of their children and that in undertaking their child upbringing responsibilities, appropriate support shall be offered to parents and legal guardians by State Parties. Usually, the variation between children’s rights and parental rights, nonetheless, is not acknowledged by the UNCRC. Furthermore, the UNCRC views children to be competent individuals who should be an essential component of decision-making on issues affecting them. The parent/child contrast demonstrates that there is the need for cooperation that protects the rights of the child, the parent and defines the role of the state. There is the need to explore the best legal and judicial processes for realising this cooperation.

Between ‘believers’ and ‘opponents’: Critical discussions on children’s rights

2012 ◽  
Vol 20 (1) ◽  
pp. 155-168 ◽  
Author(s):  
Didier Reynaert ◽  
Maria Bouverne-De Bie ◽  
Stijn Vandevelde
Keyword(s):  
Children's Rights ◽  
The Other ◽  
Children’S Rights ◽  
Positive Effects ◽  
Other Hand ◽  
Current Thinking ◽  
The One ◽  
Children Rights ◽  
Current Practices

Practices in the field of children’s rights presuppose an agreement on what children’s rights are. Consequently, the implementation of more children’s rights is logically better for children. But is this really the case? In this paper, we try to answer this question critically. The problem with this question however is that from the outset, it becomes overshadowed by a highly polarised discussion between what Stammers (2009) calls ‘uncritical proponents’ at the one hand and ‘uncritical opponents’ at the other hand. The former have a blind belief in the obvious positive effects of children’s rights. The latter radically deny the value children’s rights can have in the aim to realise a greater respect for children. Neither positions are constitutive in strengthening the framework of children’ rights since they both start from a ‘consensus thinking’ on children’s rights. What current thinking in children’s rights lacks is “critique”, considered as questioning and analyzing assumptions that are embedded in current practices in the field of children’s rights. In this article, we argue for the development of a tradition of “critical proponents” in children’s rights in a plea for a tradition of ‘critical children’s rights studies’.

scholarly journals Implementing the Convention on the Rights of the Child for ‘youth’: who and how?

2012 ◽  
Vol 20 (1) ◽  
pp. 3-23 ◽  
Author(s):  
Ellen Desmet
Keyword(s):  
European Union ◽  
Children's Rights ◽  
The Other ◽  
Children’S Rights ◽  
European Level ◽  
Middle Ground ◽  
Council Of Europe ◽  
Target Groups ◽  
Rights Of The Child ◽  
The One

From various perspectives, an ambiguous relationship between the Convention on the Rights of the Child and young persons emerges. Given the overlap between the target groups of children’s rights policies and youth policies, the current and potential connections between these two policies are explored, in order to assess whether (further) linking these policies could increase the realization of the rights of young persons. The inquiry is carried out at the international and European level (United Nations, Council of Europe and European Union), on the one hand, and within Flanders (Belgium), on the other. Contrasting results appear, calling for a middle ground in the degree of interconnection between children’s rights policies and youth policies.

“The Other Child” – The Rights of the Child Victim in the Youth Justice System

2018 ◽  
Vol 26 (2) ◽  
pp. 228-250 ◽  
Author(s):  
Nessa Lynch
Keyword(s):  
Human Rights ◽  
Justice System ◽  
Children's Rights ◽  
The Other ◽  
Children’S Rights ◽  
Best Interests ◽  
Child Victims ◽  
Youth Justice ◽  
Child Victim ◽  
Rights Of The Child

Children’s rights scholarship and guidance from human rights bodies has largely ignored the child victim, particularly where the perpetrator of the offence is also a child. This article reviews how provisions of international children’s rights standards deal with such situations, and highlights the lack of evidence on the extent of such victimisation and the experiences of child victims. Using two particular provisions (best interests and participation), it is argued that child victims appear primarily regarded as objects of concern rather than true rights holders. Increased recognition of “the other child” in practice and policy is urged.

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