scholarly journals Section One: International Parental Abduction: New York Law and the Convention on the Rights of the Child

2009 ◽  
Vol 12 (2) ◽  
pp. 474
Author(s):  
Maria F. Cadagan
2019 ◽  
Vol 18 (2) ◽  
pp. 175
Author(s):  
Rr. Putri A. Priamsari

<p><em>According to UNICEF, no less than 4000 Indonesian children are brought </em><em> </em><em>to court every year with reports of relatively minor crimes such as theft, persecution, spreading hoaxes and others. Where children who are faced with the law generally are not accompanied by legal counsel or social services. Indonesia has had a umbrella </em><em>act </em><em>in protecting children's welfare, namely Law Number 4 of 1979 concerning Child Welfare which was then followed by Law Number 23 of 2002 concerning Child Protection which has now been replaced with Law Number 35 of 2014 concerning Child Protection as implementation of the Convention on the Rights of the Child (Convention on the Rights of the Child, 1989, New York). Taking into account that the handling of child cases dealing with the law must really guarantee the protection of the best interests of the child and must aim at the creation of Restorative Justice, both for Children and Victims of Children and to create Restorative Justice, before resorting to judicial proceedings at the prosecution level General must strive for Diversion. Provisions regarding this diversion are also regulated in Supreme Court Regulation Number 4 of 2014 concerning Diversion. The enactment of the 2014 PERMA is intended so that juvenile justice in Indonesia can be carried out more efficiently, while still considering its welfare.</em></p><p><em> </em><em></em></p>


2020 ◽  
Vol 3 (1) ◽  
pp. 85-110
Author(s):  
Katalin Visontai-Szabó

The status of children, and their role have both undergone significant changesall over the world in the past half century. The rights and vulnerabilities of the child are now the subject of increased attention in all fields, including in the framework of the judicial process. Today, the notion of child-friendly justice is not unknown in Hungary although it is yet to be decided if the proper term is child-friendly or child-centred. The means of ensuring that the rights of the child are respected are common to all procedures; however, the traumas and adverse experiences they may have found themselves subjected to are widely diverse in civil cases (usually the establishment of parental supervision), criminal cases (usually crimes where the victim is a child), and in procedures specific to the tutelage authority; so, the question deserves examination in view of such specificities. The adoption of the New York Convention was a significant milestone in the domain of the rights of the child; however, laying down the theoretical foundations was only relatively slowly followed by a dynamic of development in practice, and that took place with a wide degree of variability in different fields. In Europe — as in Hungary —, the participation of the child during the procedure meant the same as a hearing when the child is addressed questions. Today we know that Laura Lundy was right when in several of her studies she drew attention to the fact that true participation is more than simply asking the child questions. In my research, I set myself the task to create a type of catalogue for the procedural rights of the child and to answer the question: what more can we do that has not yet been done in order to avoid transforming participation in a procedure into a burden, or even worse, a trauma for the child, but instead making it the reflection of a plenitude of rights, a defining but not uncomfortable experience?


MEST Journal ◽  
2021 ◽  
Vol 9 (1) ◽  
pp. 46-53
Author(s):  
Malgorzata Kmak

Children’s rights are human rights, they result from the personal dignity and uniqueness of the child as a person. They apply to every child, they cannot be stripped away or renounced. It also means that if a child has a right, the state must ensure that it can be exercised. Further, if the child has a certain right, it means that there must also be procedures to enforce it. The beginning of the international movement for the protection of children's rights dates back to 1874, when the first organization for the protection of children's rights, the New York Society for the Prevention of Cruelty to Children, was founded in The United States. In Europe, at a similar time, since 1880, international societies of criminologists, youth court judges, care for abandoned and homeless children were being established to work on relaxing the criminal law for minors or establishing educational and care facilities for children. It was in the 19th century when the rights of the child were discussed in Poland for the first time. Moral, religious, or customary norms regulated children’s place in the community. However, the development of these rights was a long process that had started in Poland much earlier. The article aims to present selected historical situations affecting the development process and the current state of children's rights in Poland.


PEDIATRICS ◽  
1996 ◽  
Vol 97 (6) ◽  
pp. 898-899
Author(s):  
John F. Rosen

The article by Fairbrother et al1 is an indictment of the quality of care provided to disadvantaged children in "Medicaid Mills" in New York City. The missed opportunities to immunize and to test for lead poisoning and tuberculosis represent misused opportunities that are avoidable and tragic. The International Covenant on the Rights of the Child was adopted by the United Nations (UN) General Assembly on November 19, 1989.2 This covenant stated the principle that children require safeguards and care, including the highest attainable standard of health and access to facilities to ensure that no child is deprived of her or his right to such health services.


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