scholarly journals THE IMPACT OF COVID-19 ON CHILDREN’S RIGHTS

2021 ◽  
Author(s):  
Sandra Winkler
Keyword(s):  
Children's Rights ◽  
Fundamental Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
Emergency Situations ◽  
Delicate Balance ◽  
The People ◽  
Analytical Reconstruction ◽  
Precise Moment ◽  
The Impact

In emergency situations, the people most affected are often those who are already vulnerable, and this certainly includes children. The “new normal” we are living in to defend ourselves against this tiny yet dangerous enemy has serious repercussions on children’s lives. This becomes even more evident if we think of those children who are doubly vulnerable – they are even more fragile because they live in conditions of particular hardship when they live outside their family, have a disability, or live in poverty. Since the beginning of the Covid-19 pandemic, we have witnessed the proliferation of numerous initiatives by various national and international children’s rights institutions, which have called for urgent measures to protect children’s rights. At this precise moment, the concept of the child’s best interests is also reinterpreted as a result of a reasonable compression of certain children’s rights and the prevalence of others. The present paper will attempt an analytical reconstruction of children’s fundamental rights by analyzing how these rights have changed during the pandemic. In fact, it is necessary to know if and/or how much have the rights of minors changed as a result of the emergency. The second part of the paper is dedicated to the question of which children’s rights will be most compromised or changed in the post-Covid-19 era. In reflecting on the inevitable consequences that the pandemic will leave on the delicate balance of the development of children’s rights, the author will offer some proposals on how to contain the encountered difficulties.

The Impact of the Best Interests and the Respect for the Views of the Child Principles in Child Custody Cases

2019 ◽  
Vol 88 (4) ◽  
pp. 614-635
Author(s):  
Elvis Fokala
Keyword(s):  
Child Custody ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
Wide Range ◽  
Irish Case ◽  
The Impact

The best interests of the child and the respect for the views of the child are pillars designed and recognised in international children’s law as principles on which children’s rights in general evolve. Both principles operate across a wide range of issues relating to and related to children. A combination of both principles in an attempt to claim particular children’s rights is also possible and together accentuate the fact that children’s rights are interrelated and stronger when combined. This article attempts a combination of both principles in interpreting the intricacy and the impact both principles have had in aiding the court make decisions in favour of a child in child custody cases – the focus will be on the decisions in the Finnish case of Merkelback v. Illges-Merkelback and the Irish case of Nk v. Sk.

scholarly journals The harmonisation of private law in Europe and children's tort liability: a case of fundamental and children's rights mainstreaming

2018 ◽  
Author(s):  
Nuno Ferreira
Keyword(s):  
Children's Rights ◽  
Point Of View ◽  
Fundamental Rights ◽  
Children’S Rights ◽  
Private Law ◽  
Tort Liability ◽  
Narrow Scope ◽  
Legal Legitimacy ◽  
European Civil Code ◽  
The Impact

The debate around private law harmonisation in the EU has gradually moved from a narrow scope of market-related issues to the creation of a European civil code. The relationship between this process and children’s rights is, however, rarely acknowledged. The political, social and legal legitimacy of these harmonisation efforts have come under strict scrutiny, but hardly ever from the point of view of children. This article explores the impact of the process of legal harmonisation on children’s rights, and uses the issue of children’s tort liability as a case-study. The legal solutions in this field are analysed and compared, and the academic proposals for harmonisation are assessed. This choice of subject and approach allows us to assess the advisability of further harmonisation, illustrate the importance of socio-economic factors in this process, and highlight the relevance of children’s rights and fundamental rights to this debate.

Are We There Yet?: the Impact of the Lisbon Treaty on the EU Children's Rights Agenda

2011 ◽  
Vol 19 (3) ◽  
pp. 381-403 ◽  
Author(s):  
Helen Stalford ◽  
Mieke Schuurman
Keyword(s):  
Implementation Process ◽  
Children's Rights ◽  
Fundamental Rights ◽  
Lisbon Treaty ◽  
Children’S Rights ◽  
Diverse Range ◽  
Charter Of Fundamental Rights ◽  
The Right ◽  
Research Initiatives ◽  
The Impact

AbstractThe EU's Lisbon Treaty presents the most important opportunity for the development of children's rights since the EU's existence. This article sets out the broader constitutional changes made that are of relevance to children and the implications of changes to the legislative procedure, including a discussion on whether the new Citizens' Initiative might be exploited as a lobbying tool for specific children's rights issues and its relation to the right of children to participate. The impact of the EU's enhanced fundamental rights agenda on children's rights is assessed, including the Charter of Fundamental Rights, the General Principles of EU Law and the ECHR. In addition, the Lisbon Treaty presents new opportunities for integrating children's rights into all stages of the decision-making and implementation process. It also provides sharper tools to develop adequate non-legislative responses to the diverse range of needs that children have, such as policy, budgetary and research initiatives.

scholarly journals The harmonisation of private law in Europe and children's tort liability: A case of fundamental and children's rights mainstreaming

2011 ◽  
Vol 19 (3) ◽  
pp. 571-594 ◽  
Author(s):  
Nuno Ferreira
Keyword(s):  
Children's Rights ◽  
Point Of View ◽  
Fundamental Rights ◽  
Children’S Rights ◽  
Private Law ◽  
Tort Liability ◽  
Narrow Scope ◽  
Legal Legitimacy ◽  
European Civil Code ◽  
The Impact

AbstractThe debate around private law harmonisation in the EU has gradually moved from a narrow scope of market-related issues to the creation of a European civil code. The relationship between this process and children's rights is, however, rarely acknowledged. The political, social and legal legitimacy of these harmonisation efforts have come under strict scrutiny, but hardly ever from the point of view of children. This article explores the impact of the process of legal harmonisation on children's rights, and uses the issue of children's tort liability as a case-study. The legal solutions in this field are analysed and compared, and the academic proposals for harmonisation are assessed. This choice of subject and approach allows us to assess the advisability of further harmonisation, illustrate the importance of socio-economic factors in this process, and highlight the relevance of children's rights and fundamental rights to this debate.

scholarly journals PERLINDUNGAN HAK ANAK DALAM PEMERIKSAAN PERKARA PERMOHONAN DISPENSASI KAWIN

2021 ◽  
Vol 10 (2) ◽  
pp. 111
Author(s):  
Mudawamah Mudawamah
Keyword(s):  
Descriptive Analysis ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
Conceptual Approach ◽  
Cultural Aspects ◽  
Rights Of The Child ◽  
Legal Implications ◽  
Qualitative Descriptive ◽  
The Impact

 Jurnal dengan judul “Perlindungan Hak Anak Dalam Pemeriksaan Perkara Permohonan Dispensasi Kawin” ini berangkat dari permasalahan bagaimana bentuk perlindungan hak anak dalam pemeriksaan perkara permohonan dispensasi kawin dan bagaimanana implikasi hukum dispensasi kawin dalam rangka perlindungan hak anak. Penelitian ini bertujuan untuk menganalisis dan menjelaskan perlindungan hak anak dalam pemeriksaan perkara permohonan Dispensasi Kawin dan juga implikasi hukum Dispensasi Kawin dalam rangka perlindungan hak anak. Penelitian ini termasuk penelitian yuridis normatif. Penelitian ini menggunakan pendekatan perundang-undangan dan pendekatan konseptual. Sumber bahan hukum dalam penelitian ini terdiri dari bahan hukum primer, bahan hukum sekunder dan bahan hukum tersier. Analisis penelitian ini dilakukan dengan analisis deskripstif kualitatif. Berdasarkan hasil penelitian, dapat disimpulkan bahwa perlindungan hak anak selama proses pemeriksaan perkara permohonan Dispensasi Kawin mengacu pada UU Perkawinan dan juga Perma Nomor 5 Tahun 2019 tentang Pedoman Mengadili Permohonan Dispensasi Kawin. Adapun bentuk perlindungan hak anak dalam pemeriksaan perkara permohonan Dispensasi Kawin meliputi: 1) Diperiksa oleh Hakim Tunggal yang kompeten, 2) Memberikan rasa nyaman di persidangan, 3) Menghadirkan anak dalam proses pemeriksaan, 4) Hakim menghadirkan dan memberi nasihat kepada Orang Tua, Anak, Calon Suami/Isteri dan Orang Tua/Wali Calon Suami/Isteri, 5) Mengutamakan kepentingan terbaik untuk anak, dan 6) Pertimbangan hukum oleh hakim yang mewujudkan kepastian, kemanfaatan dan keadilan bagi anak. Permohonan Dispensasi Kawin menimbulkan implikasi hukum baik permohonan tersebut dikabulkan ataupun ditolak. Dalam memberikan pertimbangan hukum atas permohonan Dispensasi Kawin tersebut, hakim harus mengutamakan kepentingan terbaik bagi anak dengan mempertimbangkan moral, agama, adat dan budaya, aspek psikologis, aspek kesehatan, dan dampak yang ditimbulkan untuk mewujudkan kepastian, kemanfaatan dan keadilan bagi anak.Kata kunci: Perlindungan Hak Anak, Dispensasi Kawin The journal related to "The Protection of the Rights of the Child in Examination of Cases of Application for Marriage Dispensation" departs from the problem of how to protect children's rights in examining cases of applications for marriage dispensation and how are the legal implications of marriage dispensation in the context of protecting children's rights. This study aims to analyze and explain the protection of children's rights in examining cases of applications for marriage dispensation and also the legal implications of marriage dispensation in the context of protecting children's rights. This research is a normative juridical research. This study uses a statutory approach and a conceptual approach. The sources of legal materials in this study consist of primary legal materials, secondary legal materials and tertiary legal materials. The analysis of this research was carried out by means of a qualitative descriptive analysis. Based on the results of the research, it can be concluded that the protection of children's rights during the process of examining cases of marriage dispensation applications refers to the Marriage Law and also Supreme Court regulations Number 5 of 2019 concerning Guidelines for Adjudicating Applications for Marriage Dispensation. The forms of protection of children's rights in the examination of cases of application for Marriage Dispensation include: 1) The examination by a competent single judge, 2) Providing a sense of comfort at court, 3) Presenting children in the examination process, 4) The Judge presents and advises parents, children, candidate for husband / wife and parents / guardian of candidate husband / wife, 5) Prioritizing the best interests of the child, and 6) Legal considerations by the judge that realize certainty, benefit and justice for the children. An application for marriage dispensation has legal implications whether the application is granted or rejected. In providing legal considerations for the request for the marriage dispensation, the judge must prioritize the best interests of the child by considering the moral, religious, customary and cultural aspects, psychological aspects, health aspects, and the impact that is created to create certainty, benefit and justice for the child.Keywords: Protection of Children's Rights, Marriage Dispensation 

Opinions Regarding the Principle of Promoting with Priority the Superior Interest of the Child in the Regulation of Law No. 272/2004 and the Romanian Civil Code

2020 ◽  
Vol 26 (2) ◽  
pp. 150-156
Author(s):  
Aurelia Teodora Drăghici ◽  
Andrei Murgu ◽  
Teodor Bodoașcă
Keyword(s):  
Children's Rights ◽  
Civil Code ◽  
Children’S Rights ◽  
Best Interests ◽  
Legal Analysis ◽  
Best Interest ◽  
Regulation Of Law

SummaryThe study is devoted mainly to the logical-legal analysis of the provisions of art. 2 of Law no. 272/2004 on the promotion and protection of children’s rights, as well as art. 263 of the Civil Code, which establish the main normative solutions regarding the “priority promotion of the principle of the best interests of the child”. Although the phrase “the best interests of the child” is used in the construction of many rules of Law no. 272/2004, the Civil Code and other normative acts, the legislator refrained from establishing its significance, leaving this approach to the doctrine. The proposed study is intended to be a contribution to achieving this goal. We were also concerned with the identification of normative inaccuracies and the substantiation of pertinent proposals of lege ferenda for the improvement of the regulations regarding the principle of promoting with priority the principle of the best interest of the child.

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.

scholarly journals Special courtroom as an element of child-friendly justice: organizational and legal aspect

2021 ◽  
pp. 16-26
Author(s):  
Pavlo Parkhomenko
Keyword(s):  
Legal Aspect ◽  
Children's Rights ◽  
Case Law ◽  
Legal Regulation ◽  
International Standards ◽  
Children’S Rights ◽  
European Court ◽  
Child Friendly ◽  
Basic Approaches ◽  
The Impact

The entry of a child into the sphere of justice, regardless of its status, requires the creation of such conditions that would minimize the possibility of the impact of negative factors in the process of administering justice on the child himself. In this regard, one of the effective and important elements in the child-friendly justice system may be the organization of a special courtroom, which would be adapted to hear cases involving a child, which is not widely used in national practice and does not have the appropriate legal regulation in general. In addition, to date, there are no studies that would reflect the problems of organizing a courtroom, in which it is possible to try different categories of cases with the participation of the child. The article attempts to conduct a theoretical and legal study of existing international standards and national legal regulation of the organization of child-friendly courtrooms, identifying the basic elements for its creation, through which it is possible to formulate basic approaches to the administration of child-friendly justice. The author stressed that international standards refer to the components of child-friendly justice, including the issue of creating the most comfortable conditions for the child in the courtroom and directly during the hearing. To substantiate the conclusions, we analyzed the national case law and the case law of the European Court of Human Rights, which demonstrates cases of violation of children's rights by not creating appropriate conditions for the trial of children, and emphasizes the importance of the situation in which the trial took place. from litigation involving adults. Positive practices of organization of special courtrooms in some courts of Ukraine are given. Based on the analysis, it was found that the issue of arranging a courtroom friendly to children has no legislative and departmental regulations, in connection with which proposed ways to address the legislative gap in this direction and guidelines for organizing a special courtroom, which is positively assessed. Рrovided children who were invited to court and who had the opportunity to compare the general courtroom and the special. Keywords: international standards, children's rights, child-friendly justice, child interview, courtroom.

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