scholarly journals CHILDREN FOSTER CARE LAW AND PRACTICE: WHAT MALAYSIA CAN LEARN FROM FOSTER CARE (IHTIDHAN) IN JORDAN

2014 ◽  
Vol 22 (2) ◽  
Author(s):  
Azizah Mohd
Keyword(s):  
Foster Care ◽  
Child Protection ◽  
Islamic Law ◽  
Legal Documents ◽  
Rights Of The Child ◽  
Library Research ◽  
Minor Part ◽  
United Nations Convention ◽  
The Law ◽  
A Minor

Foster care is one of the means of child protection in Malaysia and in many other countries like Singapore, Australia, United Kingdom, Algeria, Egypt and Morocco. This is also highlighted in international legal documents like the United Nations Convention of the Rights of the Child (the CRC) which also recognise the Islamic law concept of foster care (kaffalah). Through foster care, a child is placed either in an institution or fostered by individual foster parents. This paper aims at examining the law and practice of individual foster care in Malaysia with a comparative overview of the law and practice in Jordan. The comparison is intended to assist development of better law and practice of foster care in Malaysia where suitable, relevant and necessary. The analysis focuses on certain suitable laws and practice of foster care in Jordan i.e. what Malaysia can learn from foster care in Jordan. The research is basically library research. A minor part of the research also involves interviews with the relevant officers on practices that are not documented. It is hoped that this paper will provide good suggestions for better protection of children in Malaysia through foster care.

Ghana's Children's Act 560: A Rethink of its Implementation?

2011 ◽  
Vol 19 (2) ◽  
pp. 151-165 ◽  
Author(s):  
Patrick McCrystal ◽  
Esmeranda Manful
Keyword(s):  
Child Care ◽  
Child Protection ◽  
Professional Training ◽  
Social Care ◽  
Legal Protection ◽  
Initial Step ◽  
Legal Rights ◽  
Rights Of The Child ◽  
Administrative Framework ◽  
The Law

AbstractIn 1998 Ghana harmonised its child care legislation to conform to the Convention on the Rights of the Child by enacting the Children's Act 1998, Act 560. Some stakeholders expressed misgivings at its capacity to ensure child protection, but little literature exists on the views of professionals working within the law. This paper presents an investigation of the views of professionals who are mandated to work within the law to ensure the rights of the child to legal protection in Ghana. The findings suggest that there is a gap between legal intent and practice. It is concluded from these findings that for better child protection, the provision of legal rights for children is only an initial step; the administrative framework including better professional training, adequate resources for social care agencies and the establishment of new structures also needs to be reconsidered.

From “Perverse” to Progressive?: Advocating for Children’s Rights in Argentina

2012 ◽  
Vol 20 (1) ◽  
pp. 72-89
Author(s):  
Amy Risley
Keyword(s):  
Child Protection ◽  
Social Issues ◽  
Children's Rights ◽  
Economic Reforms ◽  
Children’S Rights ◽  
Socioeconomic Conditions ◽  
Economic Rights ◽  
Rights Of The Child ◽  
The Social ◽  
United Nations Convention

This article argues that social issues are central to the children’s rights movement in Argentina. For more than a decade, child advocates have traced the plight of children to poverty, marginality, and neoliberal economic reforms. In particular, they have framed the issue of child welfare as closely related to socioeconomic conditions, underscored the “perverse” characteristics of the country’s existing institutions and policies, and called for reforms that accord with the United Nations Convention on the Rights of the Child. Although the country’s policies are gradually being transformed due to a landmark child-protection law passed in 2005, a dramatically more progressive framework for children’s rights has not yet been adopted. Given that policymakers have largely failed to reverse the trends that activists perceive as harming children, it is expected that advocates will continue to criticise the gap between domestic realities and the social and economic rights included in the Convention.

scholarly journals The Legal Conundrum in the Implementation of the Convention on the Rights of the Child in Nigeria

2021 ◽  
Vol 5 (1) ◽  
pp. 1
Author(s):  
Ibrahim Danjuma ◽  
Karatu Afabwaje Joel
Keyword(s):  
International Law ◽  
Child Rights ◽  
National Assembly ◽  
Binding Force ◽  
Full Compliance ◽  
Rights Of The Child ◽  
International Laws ◽  
United Nations Convention ◽  
The Law ◽  
Global Agency

International law or treaty binds a state where such state signed, ratified acceded or domesticated same. In a monist State, ratification alone suffices for the international law or treaty to become binding whereas, in a dualist State, domestication as a condition must have complied. It is because of the peculiarities within various nations' legal systems (Monist or Dualist system). In 1989, The United Nations Convention on the Rights of the Child (UNCRC), an international human rights instrument came into force. Since its domestication as the Child Rights Act (CRA 2003) in Nigeria by the National Assembly, only about 24 States have enacted the law for onward enforcement. Nigeria is a nation which became independent in the year 1960 comprising now of 36 states and Abuja as its Federal Capital Territory all under the Federal Government. Since its domestication as the Child Rights Act (CRA 2003) in Nigeria by the National Assembly, many States have enacted the law for onward enforcement. However, few states are yet to comply and raise a question as to whether the said CRC has a binding force in all the States of the Federation. This study aims to examine the extent of how the UNCRC and CRA are being enforced in Nigeria. This study's research methodology is purely doctrinal, where library materials such as books, articles from journals, and online articles have been carefully selected and analyzed for this research. This paper recommends establishing a global agency or organ that should be saddled with the responsibility of ensuring full compliance and enforcement of international laws or treaties.

scholarly journals Skipan talsmanns fyrir börn – grundvöllur ákvörðunar og framkvæmd

2015 ◽  
Vol 11 (2) ◽  
pp. 313-332
Author(s):  
Hrefna Friðriksdóttir ◽  
Hafdís Gísladóttir
Keyword(s):  
United Nations ◽  
Child Protection ◽  
Justice System ◽  
Democratic Society ◽  
Rights Of The Child ◽  
The Status ◽  
United Nations Convention ◽  
Child Friendly ◽  
The Right ◽  
International Instruments

In recent years there has been a growing interest in the rights of children in various justice systems. The interpretation of international instruments, such as the United Nations Convention on the Rights of the Child legalized in Iceland as law 19/2013, places a strong emphasis on strengthening the status of the child. The concept of child-friendly justice has emerged reflecting a vision of a justice system that has adapted to the interests and needs of children. A key element is ensuring the right of the child to participate, building on the notion that participation actively promotes their citizenship in a democratic society. The complexity of child protection cases makes it imperative to ensure that children get the assistance they need to communicate and be able to influence procedures. This article discusses the development of provisions in child protection laws on the appointment of spokespersons for children and represents the findings of a study done on such appointments with various child protection committees. The main results of this research indicate that the development of the law has been positive. The enforcement does not however reflect these develpments and there is a lack of formality, assessment and satisfactory argumentation.

scholarly journals Analisis Hukum Bunga Bank Ditinjau dari Perspektif Maqashid Syariah

2019 ◽  
Vol 3 (1) ◽  
Author(s):  
Sya Rifah Isnaeni
Keyword(s):  
Islamic Law ◽  
Conceptual Approach ◽  
Operational Costs ◽  
Library Research ◽  
The Law ◽  
The Difference ◽  
Conventional Banks

The background of this research is the exixtance of the difference opinion between ulama and moslem scholars about the law of interest in Islam, which is until now still not discovered the solusion opinion and it make interesting for the researcher to make a research about the object more deep and more wide. But the researcher will not use Islamic law perspective as analysis basic, the researcher will use the objectives of sharia as analysis basic.This research is limited by several problems as following: (1) Why bank interest is needed by conventional banks? And (2) How is the law of interest if observed from the objectives of syariah (maqashid sharia)?This research is a library research. In this research the researcher choose to use a conceptual approach because the purposes which need to be achieved trouhg this research is to result an Islamic law thought about the law of interest which is not being bounded by the opinions or theories launched by majority of the moslem scholar. So this research can originally refer to the objectives of the sharia as what has been agreed by majority of ulama.The results of this research there are: (1) the interest is a money amount addition which have to paid by bank to the costumer based on the loan percentage that given by bank to their customer. Bank interest is used for the Bank's operational costs, if there is no interest instrument, it is likely that the Bank will not be able to survive. And (2) there are three opinions of ulama’s law judgments about the law of interest, it is forbidden (haram), permitted (halal) and dubious (shubhat). If this law opinions observed based on the objevtives of sharia, the researcher can make a conclusion that the opinion which is permit the interest is the most according to the objectives of sharia, and it is related to the concept of hifz al-nafs (take care of soul) and hifz al-mâl(take care of property) than the opinion whih has been forbid the interest. The permitted law of interest in the concept of hifz al-nafs (take care of soul) can be located in the dharuriyah, hajiyah and tahsiniyah degrees. While The permitted law of interest in the concept ofhifz al-mâl(take care of property)can be located in the dharuriyah and hajiyah degrees. Keywords: Interest, Usury, Maqashid Sharia, hifz al-nafs (Take care of soul), hifz al-mâl (Take care of Property).

scholarly journals HUKUM ISTRI MENCARI NAFKAH DALAM TINJAUAN MAQASHID SYARIAH

2018 ◽  
Vol 2 (2) ◽  
pp. 193
Author(s):  
Elimartati Elimartati
Keyword(s):  
Content Analysis ◽  
Qualitative Method ◽  
Islamic Law ◽  
Science And Technology ◽  
Analysis Approach ◽  
Main Task ◽  
Gender Analysis ◽  
Family Needs ◽  
Library Research ◽  
The Law

<p><em>In common tradition, m</em><em>aking a living is a husband's obligation, but now many wives play a role in earning a living. The aim of the study was to find out the law of the wife looking for a nafka, viewed the condition and ability of the husband to provide a living, in the review of Maqashid Shari'a proposed by Syatibi. The influence of science and technology and the increase in household needs triggers many wives to take part in making a living, and become the main breadwinner. This certainly raises the question, how does the view of Islamic law on wives earn a living in library research, using the normative qualitative method of gender analysis approach is content analysis. Islamic law explains that a wife cannot leave her house without her husband's permission and her main task is at home. This certainly raises the question, how does the view of Islamic law on wives earn a living. The results of the study explain that wife's law makes a varied living circumcision, makhruh and haram based on the ability of the husband to provide his wife with the benefit and the level of family needs (maqashid).</em></p><p><em><br /></em></p>

Rethinking the Concept of Historic Rights in International Law

2019 ◽  
Vol 7 (2) ◽  
pp. 153-165
Author(s):  
Ying Wang
Keyword(s):  
United Nations ◽  
International Law ◽  
Law Of The Sea ◽  
Legal Regime ◽  
Legal Documents ◽  
Maritime Boundary ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Maritime Boundary Delimitation

Abstract Historic rights have been acknowledged by international legislation including the United Nations Convention on the Law of the Sea, although many issues concerning the concept still remain uncertain. This article will mainly discuss the legal connotation and juridical functions of the concept of ‘historic rights’ for maritime entitlements and maritime boundary delimitation, and attempt to clarify some legal ambiguity and explain the function of the legal regime through analysis of legal documents and identification of typical difficulties in the application of the concept of ‘historic rights’.

scholarly journals What is Left in the “Too Hard Basket”? Developments and Challenges for the Rights of Children in Conflict with the Law

2020 ◽  
Vol 28 (1) ◽  
pp. 89-110 ◽  
Author(s):  
Nessa Lynch ◽  
Ton Liefaard
Keyword(s):  
Justice System ◽  
Academic Discipline ◽  
Children's Rights ◽  
Theory And Practice ◽  
Children’S Rights ◽  
Rights Of The Child ◽  
United Nations Convention ◽  
Age Limits ◽  
The Law ◽  
Cross National

The 30 years since the enactment of the United Nations Convention on the Rights of the Child has seen extensive developments in the theory and practice of children’s rights. Children’s rights are now an established academic discipline with the study of children in conflict with the law being a fundamental area of analysis. This paper takes the approach of highlighting three areas of development of children’s rights scholarship in relation to the criminal justice system: children’s rights, developmental science and notable themes emerging from cross-national scholarship, including age limits, diversion, effective participation and deprivation of liberty. In addition, it analyses three gaps or challenges which are “left in the too-hard basket” for the coming decades.

Effectiveness of Child Abuse Preventive Measures of the Zamboanga City State Polytechnic College

2015 ◽  
Vol 15 (1) ◽  
Author(s):  
Hermenegilda C. Fernandez
Keyword(s):  
Child Abuse ◽  
Child Protection ◽  
Preventive Measures ◽  
Prevention Measures ◽  
Rights Of The Child ◽  
Special Child ◽  
External Sources ◽  
United Nations Convention ◽  
City State ◽  
High Level

Prevention and protection of children from abuse, maltreatment or violence, depends on data obtained through scientific research. Thus, this descriptive study design was conducted to determine the extent of awareness of child abuse prevention measures and child protection laws.  RA 7610  guarantees special child protection against child abuse,  RA 7877 known as  the Anti-Sexual Harassment Act of 1995 guarantees workers protection in the workplace and training or educational environment. The United Nations Convention on the Rights of the Child (UNCRC) as an international legal instrument against child abuse. These child protection laws are assessed by the randomly sampled college students/faculty and personnel of the College. Findings reveal that students are highly aware of matters about child abuse and the preventive measures the school has. Nevertheless, such high level of awareness among students does not directly influence the effectiveness of the school’s effort in educating the students about child abuse because the information about child abuse is sourced not from the school but by external sources particularly the electronic platform. Such finding implies that the school has to take full advantage of the Internet in communicating its programs and measures relevant to child protection from abuses.

scholarly journals Attitudes and decision-making in the child protection system

2017 ◽  
Vol 25 (2) ◽  
pp. 2-14 ◽  
Author(s):  
Paulo Delgado ◽  
Vânia S. Pinto ◽  
João M. S. Carvalho
Keyword(s):  
Decision Making ◽  
Foster Care ◽  
Residential Care ◽  
Family Environment ◽  
Child Protection ◽  
Well Being ◽  
Fundamental Rights ◽  
Protection System ◽  
Decision Making Process ◽  
Rights Of The Child

In the contexts of family neglect or maltreatment, the State intervenes by safeguarding the development and well-being of the child or young person in danger. In more severe situations, the intervention may lead to the child’s removal from the family. The Portuguese Law on the Protection of Children and Young People in Danger (Law 142/2015 of September 8th) favours the placement of the child in a family environment, especially for children up to the age of six. Despite this, in Portugal, in 2015, 8 600 children were in out-of-home care, only 3.5% of which were placed in foster care, while the remaining children were in residential care. Therefore, one of the fundamental rights of the child – living in a family environment – is compromised in practice. This study aims to understand the decision-making process of 200 higher education students in domains related to child protection, and those of 200 professionals who are responsible for providing case assessments and recommendations for intervention in the Portuguese child protection system. Using the Child Welfare Attitudes Questionnaire (Davidson-Arad & Benbenishty, 2008, 2010), the study aimed to identify the participants’ attitudes regarding removal of at-risk children from home, reunification and optimal duration of alternative care, children’s and parents’ participation in the decision-making process, and assessment of foster care and residential care, with the purpose of promoting children’s development and well-being. We concluded that both sets of participants (professionals and students) can be divided in two groups, one which is pro-removal and the other, which is less so. In comparison with students, professionals less often favour the removal of the child and more often defend reunification. There are no significant differences among participants regarding their opinion about the role of foster and residential care, and the participation of the child in the decision-making process. However, professionals tend to support parents’ participation in the decision-making process more than students do. Finally, we present some implications of our findings for the practice of child protection.

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