scholarly journals LEGAL PROTECTION OF CHILDREN'S RIGHTS AND ITS IMPLEMENTATION IN UKRAINE

Author(s):  
Tetyana Brutska ◽  
◽  
Liliia Bakalo ◽  
Mariia Muzyka ◽  
◽  
...  

The issue of ensuring children's rights is one of the most important areas of legal science. Today, the formation of the foundations for the protection of the rights, freedoms and interests of the younger generation is a priority of the state. Complex socio-economic, military-political and epidemiological problems force to focus efforts on the analysis and generalized bases that determine the algorithm of legal protection of children's rights and its implementation in Ukraine. The article identifies international documents and acts of national legislation, on the basis of which the foundations of legal protection of children's rights in Ukraine are formed. Emphasis was placed on the need to address issues of juvenile probation, social orphanhood, and the realization of the rights of children who find themselves in difficult life circumstances and in need of assistance. The process of legal, social, housing provision of children who are in the area of environmental protection deserves special attention. According to the results of the study, a list of key positions that characterize the basics of legal protection of children in modern Ukraine has been formed. Despite the wide range of legal regulations, the issue of legislative support of the legal status of children in Ukraine is not a complete solution. Thanks to the fruitful work of authorized bodies (public authorities and their representatives, guardianship authorities, social services), parents and children it is possible to achieve a high level of social protection, timely respond to social risks and challenges that arise in modern society. Coherence and interaction of key actors is a necessary component of the process of legal protection of children's rights. Subject to strict compliance with the provisions of the law, the implementation of international standards and policy documents adopted at the highest level, it is possible to significantly improve the legal status of children's rights in Ukraine.

2020 ◽  
Vol 1 ◽  
pp. 116-120
Author(s):  
Michaela Jombíková Janáková ◽  
Soňa Šrobárová

Introduction: This scientific study provides an insight into the cooperation of individual social services in connection with several methods and techniques of crisis intervention. Given the diversity of the work of crisis intervention, it brings scientific results concerning the of field social workers in social and legal protection of children and social guardianship. It is the field of social workers which cooperate and manage cooperation between individual ministries and activities of individual crisis intervention services. Aim: The main objective of the research was to investigate the cooperation of social workers with other institutions and the use of diversity techniques in dealing with different types of social problems. Methods: The research was conducted using a quantitative strategy by distributing a questionnaire of our design to social workers in Slovakia operating within the socio-legal protection and guardianship. The subject of the research was social workers of social protection. The number of respondents whose questionnaire applied to the research objectives was 56. We used statistical analysis for the phase of data processing and evaluation. Results: In the first research question, we investigated which social problems the respondents are facing in their practice most often. We can conclude that they often encounter problems solutions in the redevelopment of families, tackling crime, divorce, delinquency, and addictions. In the second research question we focused on with which institutions the workers cooperate in solving individual social problems. Conclusion: Social protection workers in their everyday practice face a wide range of problems. In solving the issues, they cooperate with other professions respectively organizations. Depending on what problems social workers usually deal with, it depends not only on their experience but on their future education.


Jurnal Akta ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 277
Author(s):  
Muhammad Madih ◽  
Munsharif Abdul Chalim

Marriage is a bond between man and woman which is also the religion of Islam is a way of worship, that in the community there is monogamy: one husband and one wife, but there are also polygamous marriage is one man with more than one wife with their applicable laws and regulations for implementation. The purpose of this study was to: 1) To determine the function of the marriage covenant can provide legal protection of the rights wife and children in polygamous marriages. 2) To determine the right of wife and children in polygamous marriages. 3) To know the legal remedies can be done to determine the rights of wives and children in polygamous marriages. Based on the results of data analysis concluded that: 1) The function of the marriage contract may provide legal protection of the rights of the wife and children in polygamous marriages as a certainty or limitation of rights received by his wife and children during the marriage took place and as a measure for husbands to act fairly in polygamous marriages , 2) The position of the right wife and children in polygamous marriages, namely the right wife by the husband proportionate balanced well after their second marriage and so are the rights of children still get their right in accordance with the provisions of the Act. 3) Remedies that can be done to determine the right istir and children in polygamous marriages with authentic mating agreements made governing the boundary between the rights and obligations of husband and wife in a polygamous marriage.Keywords: Marriage; Polygamy; Marriages Agreement; Wife and Children's Rights.


Author(s):  
Pavlo Parkhomenko

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.


2021 ◽  
Vol 2 (2) ◽  
pp. 233-237
Author(s):  
Kadek Mahadewi ◽  
I Wayan Rideng ◽  
Ida Ayu Putu Widiati

Legal protection  for children  who consider  the law  is one important  aspect  that must  be considered   by all parties  to avoid  negative  impacts felt  by children  and children.   This  research  has  two problemformulations,     namely:   1) How  is legal protection   against  children  as  a  crime?  2)  What  are  the  implications   of press freedom which violates children's  rights as a crime? The method  used is nonnative legal  research.   The  implementation    of  press  freedom    in  reporting   is  not   in accordance   with  the  regulations   regarding  child  protection   and  the journalistic code of ethics because  efforts  are still being made  by the press  in reporting  about children  as a crime  whose identity  is published  in both print and electronic  media so that  it has a negative  impact  both physically.   and psychologically   to children. This requires  accountability  from the press  and sanctions  given  to the press  who violate children's  rights are regulated  in the Criminal  Code.


2018 ◽  
Vol 4 (1) ◽  
pp. 141
Author(s):  
Muhammad Fachri Said

This study aims to analyze the problem of legal protection for children in the perspective of human rights. The type of this research is socio-juridical or including descriptive research with a non-doctrinal approach, which views law as a socio-empirical symptom observed in experience. The research method used is descriptive research with the type of incorporation of normative legal research with sociological legal research related to the implementation of legal protection for children in the perspective of human rights. The results of the study show that the results of this study are the legal protection of children in the perspective of human rights in essence is an effort made by parents, government and society to fulfill and guarantee all children's rights that have been guaranteed in the convention of children's rights and laws Number 35 of 2014 concerning Child Protection. Legal protection for children in the perspective of human rights is less implemented because the government has not implemented its obligations in fulfilling children's rights so that there are still legal violations of children. The recommendation of this research is to implement legal protection for children in the perspective of human rights, parents should be fully responsible for the behavior of children and the government establishes policies that are in line with the wishes of the community, so that the common perception between parents, government and society is realized in fulfilling the rights child.


2020 ◽  
Vol 26 (2) ◽  
Author(s):  
Johanna Sköld ◽  
Karin Osvaldsson Cromdal

Children’s rights policies and the adult perspective – stability and change in the outreach work of BRIS?This article sets out to explore how a Swedish children’s rights organization has accounted for adults’ capability or incompetence to address children’s interests and how such notions have changed over time and have been negotiated between actors within the organization. Since its establishment in 1971, The Children’s Rights in Society (BRIS – Barnens rätt i samhället) has been an organization of adults working for children. Children’s rights organizations often stress that their work is guided by a child perspective, although much children’s rights advocacy is performed by adults. What is the bearing of this discrepancy when it comes to the formulation of child rights policies? Is it possible to distinguish an adult perspective operating in the shadow of the embraced child perspective? The results demonstrate that in the 1970s, the organization identified parents as the children’s main betrayers, but that the importance of child experts and child welfare professionals as advocates for children’s voices and opinions was gradually emphasized more. During the second period of study (2007–16) the need for increased resources and competences of child welfare professionals has been accentuated as welfare institutions such as school, social services and child and adolescent psychiatry are simultaneously seen as the cause of and key to children’s problems while the generational conflict between children and parents has been downplayed.


2021 ◽  
Author(s):  
Yuliya Fedotova

The monograph is devoted to the administrative and legal protection of the rights and legitimate interests of citizens in the field of defense and security of the Russian Federation. The mechanism of administrative and legal support of defense and security and the administrative and legal status of citizens as subjects of this activity are disclosed. The author's vision of the concept and content of administrative and legal protection is justified, the functional characteristics of the powers of state authorities are given, and the specifics of state control in this area are indicated. It is intended for students, cadets, postgraduates, teachers, practitioners, as well as a wide range of readers interested in the problems of ensuring defense and security.


2020 ◽  
Vol 11 (2) ◽  
pp. 661
Author(s):  
Lita A.L.W. TYESTA ◽  
Retno SARASWATI ◽  
Faisal ARIF

This article discusses the influence of positivism in the development of legal science, especially in the development of Indonesian law. Through the positivism which was introduced by August Comte, the study aims to analyze the legal positivism as a strategic-political form that is needed in terms of promoting children's rights. As a result, positivism can not only be used as a medium used to help the modern process: the law there can also be used as a means to provide legal protection for the people’s, especially for the protection of children's rights.  


2018 ◽  
Vol 8 (8) ◽  
pp. 2498
Author(s):  
Gulzhan N. MUKHAMADIYEVA ◽  
Gulyiya MUKALDYEVA ◽  
Zhanar T. KARASHEVA ◽  
Amangeldy Sh. KHAMZIN ◽  
Yermek A. BURIBAYEV ◽  
...  

The main idea of the study is to substantiate legislative proposals, recommendations on the introduction in Kazakhstan of the standards of social protection systems of OECD member countries. As a result of the research, conclusions were drawn up aimed at improving the norms of the current legislation and law enforcement practice, and on modernizing measures to implement social policy in the context of the process of the progressive development of Kazakhstan as a social state. The purpose of the article is to develop recommendations, proposals focused on the further development of the legal framework of the social sphere in Kazakhstan as a perspective orientation of legal science and as the most important mechanism for implementing a number of constitutional human and citizen rights. The purpose of the study is limited to four main areas, namely the analysis of social protection systems of OECD countries in the event of the following social risks: disability, poverty, retirement age, and social security guarantees for the family and the child. The applied objective of the work is related to the justification and elaboration of a set of proposals to improve the current social legislation, proposals to increase the effectiveness of state social policy, to introduce the standards of OECD countries in the field of social protection into Kazakhstan's domestic law. Targeted users of the research results are the interested state bodies, the scientific community, students, undergraduates, doctoral students, a wide range of persons interested in the problems of legal provision of state social policy, social human rights.


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