scholarly journals ((جرائم العنف الجنسي ضد الأطفال ((دراسة مقارنة

2020 ◽  
Vol 1 (1) ◽  
pp. 157-194
Author(s):  
نوزاد الشواني
Keyword(s):  
Sexual Violence ◽  
Criminal Law ◽  
International System ◽  
Sexual Exploitation ◽  
Well Being ◽  
Physical And Mental Health ◽  
Violence Against Children ◽  
Rights Of The Child ◽  
The World ◽  
The Right

The child is the bud of life and the right of life in this life is a fundamental right, from which several rights are protected and surrounded by safety until he reaches the age that makes him physically, mentally and psychologically qualified to take over his duties and his duties towards his society and the direction of others.The rights of the child to protection have been little or significant since the inception of the first human being. However, the need for development and the protection of the human race that human senses have begun to create different rights for the child do not in themselves constitute real protection for them . Until it culminated in the era of Islamic light, which embodied the highest forms of protection for this sensitive vulnerable group in society. Voices from around the world called on States to actively intervene through criminal texts to ensure the child's right to be protected from ill-treatment, especially after the international community has issued numerous international instruments and declarations dealing with the rights of the child. The most important of these are the 1989 Convention on the Rights of the Child, On the life and development of the child as well as the preservation of his identity and his right to education, health and comfort and to have a standard of living adequate for its growth as well as protect it from exploitation and all kinds of violence. Sexual violence against children involving a child under the age of 18 years, rape or exploitation of sexual activity is not fully understood and can not be granted. The conduct of the offender is contrary to the laws, customs, traditions and customs of the community. The child's physical and mental health, mental, psychological and social well-being are seriously jeopardized. The child is characterized by weak physical strength and poor mental abilities. Therefore, the international system should have called upon the ratifying States to protect the rights that have been adopted in favor of the child With special criminal provisions to protect him from crimes of sexual violence.Sexual violence against children constitutes a grave violation of the rights of the child. It represents a global reality in all countries of the world, but it has become a real phenomenon of concern especially in recent times and in some countries such as Iraq, Syria, Libya and other countries that have become visible as a result of war, displacement, The other reasons, and this calls for immediate treatment through the intervention of the criminal law in most of the world, including Iraqi and Syrian law, the subject of our research, to criminalize these acts protect a range of rights and interests, including: the protection of the right to sexual freedom of the female, The protection of the family entity from collapse and the protection of the offspring from mixing and protecting the social entity from the scourge of moral corruption, and immunization of society from sexual and reproductive diseases. At the national and international levels, this law prohibits any activity that takes the form of rape, sodomy, sexual harassment, sexual exploitation in prostitution or pornographic material Since the Criminal Code is one of the most widely used instruments of the State to protect the legal status of persons and to protect human rights from potential attacks and the conviction of the Iraqi and Syrian legislators of the importance of repudiation and punishment in protecting vulnerable parties within society, for example, their legislation included significant repudiation provisions that criminalize any act or omission May result in a form of sexual violence against children.Thus, by extrapolating the texts of the criminal law of both Iraq and Syria, as well as some of the texts contained in other laws or independently, our research entitled "Sexual Violence Against Children" focused on a scientific plan consisting of two subjects: In the second, I refer to the types of crimes that sexual violence against children has included and we deal with successively and through three demands. First we address the crime of rape and homosexuality. In the second child to indecent assault against the child crime and in the third to the crime of sexual exploitation against children and Khtmana We discussed with the most important conclusions and recommendations

Placing Children’s Freedom from Violence at the Heart of the Policy Agenda

2020 ◽  
pp. 306-328
Author(s):  
Marta Santos Pais
Keyword(s):  
Well Being ◽  
Children's Rights ◽  
Children’S Rights ◽  
Policy Agenda ◽  
Global Policy ◽  
Violence Against Children ◽  
Rights Of The Child ◽  
The World ◽  
Forms Of Violence ◽  
Legal Mandate

Violence knows no geographic, cultural, or social borders. Around the world millions of children of all ages continue to be exposed to appalling levels of violence, in their neighborhoods, in their schools, in institutions aimed at their care and protection, as well as within the home. Children’s rights law, most notably the UN Convention on the Rights of the Child (CRC), provides a legal mandate to address all forms of violence against children. This chapter reviews the various forms of violence against children, their impact on child well-being, and the children’s rights law mandate to prevent it. It then discusses the global policy agenda for confronting violence against children and the challenges that must be overcome to achieve progress toward a world free of violence against children.

scholarly journals Chemical Castration Sanctions for Perpetrators of Child Sexual Violence in the Frame of Islamic Criminal Law

Al-'Adl ◽  
2021 ◽  
Vol 14 (2) ◽  
pp. 135
Author(s):  
Rachmadani Rachmadani ◽  
Sarwo Zulfahmi Muhammad Daming
Keyword(s):  
Data Collection ◽  
Sexual Violence ◽  
Criminal Law ◽  
Government Regulation ◽  
Sexual Disorders ◽  
Sexual Crimes ◽  
Applicable Law ◽  
Violence Against Children ◽  
The Right

This article discusses the review of Islamic criminal law regarding sanctions castration chemistry for the perpetrators of sexual violence against children. It is motivated by the rampant cases of sexual crimes against children have increased every year. As a response to the things that President Joko Widodo has issued Government Regulation No.. 70 Year 2020 about procedures for the Implementation of the Action Castration Chemistry, the Installation of the Detector Electronics, Rehabilitation and the Announcement of the Identity of the Perpetrators of Sexual Violence against Children. This rule gave authority to the state to be able to impose sanctions castration chemistry for the perpetrators of sexual violence against children. As for the problem studied in this research is how the forms of sexual violence in children? and how the determination of sanctions castration chemistry for the perpetrators of sexual violence against children is viewed from the perspective of the criminal law of Islam? This study uses the approach of normative juridical to discover the basics of the law of the criminal law of Islam-related sanctions gelding chemical. While methods of data collection using the method of literature, after the data collected then analyzed and interpreted by means of deductive. The results showed sanctions gelding chemical was done as an attempt of recovery of sexual disorders, so it can be said this punishment is not as torture against the perpetrators. As for the sanctions gelding chemical in the perspective of Islamic criminal law can be categorized punishment ta'zir which is a sentence that has a minimum and a maximum that is determined by a judge. The judge reserves the right to impose a penalty gelding chemical if the defendant is convicted of a violation based on the applicable law, because of the type of punishment is not in the nash.

scholarly journals TEACHER TRAINING FOR THE PREVENTION, REPORTING AND ADDRESSING OF VIOLENCE AGAINST CHILDREN

2021 ◽  
Author(s):  
Elisabetta Biffi ◽  
◽  
Daniela Bianchi ◽  
◽  
◽  
...  
Keyword(s):  
Teacher Training ◽  
Child Protection ◽  
Well Being ◽  
Traumatic Experience ◽  
Psychological Violence ◽  
The Sustainable Development ◽  
Violence Against Children ◽  
Training Course ◽  
Rights Of The Child ◽  
The Right

Each year an estimated one billion children (one out of two children worldwide) suffer some form of physical, sexual or psychological violence or neglect (Hillis, Mercy, Amobi, & Kress, 2016). Being a victim of violence in childhood has lifelong impacts on education, health, and well-being. Exposure to violence can lead to poor academic performance due to cognitive, emotional, and social problems (WHO, 2019). The right of the child to freedom from all forms of violence is affirmed by the United Nations Committee on the Rights of the Child, in its General Comment No. 13 (UNCRC, 2011). Moreover, the Sustainable Development Goals contain a clear call to eliminate violence against children, most explicitly in Target 16.2 (UN, 2015). Many efforts have been made globally to achieve these goals. Schools have been identified as one of the crucial contexts for conducting violence prevention efforts. They offer an important space where children, teachers and educators can learn and adopt pro-social behaviors that can contribute to preventing violence (WHO, et al., 2016). Teachers can play a key role, helping to build a “violence-free world” (UNESCO, WHO, UNICEF, End Violence Against Children, 2020), both by promoting positive relationships and by identifying signs of violence early. In fact, while international strategies provide a necessary framework for the promotion and protection of children's rights, it is the people who can make a difference in the prevention and detection of violence against children (Biffi, 2018). Based on these premises, the paper will focus on how teacher training can help prevent, report and address violence against children. Teachers are often not trained on this: some of them know the contents, but have doubts about how to deal with certain situations. Teachers should learn what to do with students who have gone through a traumatic experience because children choose someone who can see and recognize them (Miller, 1979, En. transl. 1995; Miller, 1980, En. transl. 1983). To be able to really recognize the child, a training course with teachers is necessary, to raise awareness and help them see the signals that children send (The Alliance for Child Protection in Humanitarian Action, End Violence Against Children, UNICEF, WHO, 2020). This paper, through literature and presentation of a training course with teachers in Italy, will offer a pedagogical reflection on teacher training in the prevention, reporting and addressing of violence against children, in order to start building a common shared strategy.

scholarly journals MENINJAU ULANG SANKSI KEBIRI KIMIA DARI PERSPEKTIF PEMBAHARUAN HUKUM PIDANA BERDASARKAN PANCASILA

LITIGASI ◽  
2021 ◽  
Author(s):  
Hario Danang Pambudhi ◽  
Hanifah Alya Chaerunnisaa
Keyword(s):  
Sexual Violence ◽  
Sex Education ◽  
Criminal Law ◽  
Qualitative Data ◽  
Law Reform ◽  
Chemical Castration ◽  
Legal Principles ◽  
Violence Against Children ◽  
The Government ◽  
The Right

Starting from the state's concern about the increasing numbers of sexual violence against children, the government has issued a chemical castration policy for perpetrators of sexual violence against children as an additional punishment or treatment. In general, children are a group vulnerable to sexual violence. This is because children are deemed unable to defend themselves and inadequate sex education in Indonesia. Through this research, the researchers tried to see whether the implementation of the castration policy can be the right form of punishment. By using the normative juridical method through an approach to legal principles with qualitative data analysis presented in a descriptive-analytical manner, the researchers found that the chemical castration policy against perpetrators of sexual violence against children actually injures the concept of criminal law reform which is currently on the country's big agenda to create criminal law in accordance with the values ​​of Pancasila, namely peace. The chemical castration policy is also a form of state neglect of the rights of victims and the rights of perpetrators which should be accommodated properly, without having to use chemical castration as a solution. Keyword: Chemical castration, Balance, Victims, Criminal law reform, Perpetrators.

The Voiceless Citizens

2015 ◽  
Vol 3 (2) ◽  
pp. 417-443 ◽  
Author(s):  
Lorena Solis
Keyword(s):  
Financial Support ◽  
Well Being ◽  
Right To Know ◽  
Rights Of The Child ◽  
The People ◽  
The Right To Know ◽  
The World ◽  
Primary Focus ◽  
The Right ◽  
To Receive

As reproduction by surrogacy increases, the problems arising from surrogacy contracts also increase. Countries around the world are being asked to solve never-before-seen legal problems arising from surrogacy agreements. When trying to solve the newly arisen problems, the rights of the child born from the surrogacy contract tend to be overlooked. Enacted laws try to solve the enforceability of the contract and protect the rights of the parties involved— such as, who are the legal parents of the child if both sides of the agreement wish to keep the child. However, few of these laws address a situation where the opposite is true, a situation in which neither side wants to keep the child. In these situations, the primary focus should be the rights of the child, not the rights of the people involved in the contract. The law should be up to date and ready to protect the well-being of the child—a person who never asked to be born. Specifically, rights such as the citizenship of the child, the right to financial support, the right to inherit, and the right to identity should be protected. The Comment discusses how prepared U.S. and Texas law is to handle problems arising from a surrogacy contract in which neither side wants to keep the child. In this case, a child with intended American parents should have the right to be a U.S. citizen, the right to receive financial support from a party involved in the contract, the right to inherit, and the right to know his or her identity. These problems may not be currently present, but with the increase of surrogacy use, it surely could be an issue in the future.

scholarly journals Philosophical Foundation of Chemical Castration for Offenders of Sexual Violence Against Children

2020 ◽  
Vol 4 (1) ◽  
pp. 62
Author(s):  
Henny Yuningsih ◽  
I Nyoman Nurjaya ◽  
Prija Djatmika ◽  
Masruchin Ruba’I
Keyword(s):  
Human Rights ◽  
Sexual Violence ◽  
Criminal Law ◽  
Human Dignity ◽  
First Principle ◽  
Philosophical Foundation ◽  
Chemical Castration ◽  
Security And Protection ◽  
Violence Against Children ◽  
The Right

The rate of sexual violence against children in Indonesia is very alarming. Perpetrators of sexual violence against children are usually adults close to the victim, including family members and neighbors. Sexual violence is a violation of human rights. Sexual violence deprives the victim of security and protection, the right to prosper physically and spiritually, the right to be free from torture or treatment that demean human dignity, and the right to live. Chemical castration stipulated in Law No. 17 of 2016 is a form of punishment that is not under criminal law policy in Indonesia, which is based on Pancasila and the 1945 Constitution. Chemical castration formulated in Article 81 Paragraph (7) is not following the values of Pancasila, especially the first principle, namely belief in One and Only God, and the second principle, just and civilized humanity. Substantially, the castration penalty causes an individual to lose the right to continue the lineage and fulfill basic needs as guaranteed in Article 28B paragraph (1) of the 1945 Constitution. The same thing is stated in Article 10, paragraph (1) of Law No. 39 of 1999 concerning Human Rights.

Aspekty opiniowania lekarskiego w przypadku przemocy seksualnej wobec dzieci

2018 ◽  
Vol 21 (4) ◽  
Author(s):  
Jacek Boroch ◽  
Grażyna Jarząbek-Bielecka ◽  
Zuzanna Jarząbek ◽  
Małgorzata Mizgier ◽  
Elżbieta Sowińska-Przepiera ◽  
...  
Keyword(s):  
Sexual Violence ◽  
Sexual Pleasure ◽  
Psychosexual Development ◽  
Medical Opinion ◽  
Physical Trauma ◽  
Experienced Clinician ◽  
Rights Of The Child ◽  
Effects Of Sexual Abuse ◽  
The Right ◽  
First Time

The rights of a child stem from the dignity and uniqueness of a child as an individual and are entitled to every young human being. For the first time children's rights were included in the Geneva Declaration in 1924, and their full collection was enshrined in the Convention on the Rights of the Child prepared by the United Nations in 1989. A child has the right to live without violence. In addition to physical trauma, the effects of sexual abuse of a child disrupt normal psychosexual development. Bullying of children is also punished. The law allows gentle discipline only by parents. Mental bullying, so-called systematic harassment of the child, humiliation, ridicule or insult. Sexual violence is a particular issue here. Sexual violence is defined by WHO as an abuse of children for sexual pleasure by adults or elder peers. The article discusses some issues of medical opinion in the case of sexual violence against a child. This is especially difficult for a disabled child. The knowledge of an experienced clinician, yet without the knowledge about rules of jurisprudence and with shortcomings of basic legal knowledge, is not always enough for competent opinion-making.

Thinking Systemically About Security and Resilience in an Era of Cybered Conflict

2019 ◽  
pp. 44-59
Author(s):  
Peter Dombrowski ◽  
Chris C. Demchak
Keyword(s):  
International System ◽  
Well Being ◽  
Decision Makers ◽  
Systemic Approach ◽  
Economic Systems ◽  
The World ◽  
Peace And War ◽  
Over Time ◽  
Civil Societies

The international system now depends on cyberspace, a global ‘substrate' of massive, complex, insecurely designed networks providing systemic advantages to masses of predators and adversaries. States today face an unprecedented spectrum of ‘cybered conflict' between peace and war with growing existential implications. Their piecemeal searches for defensible jurisdictions are creating a rising Cyber Westphalian world crisscrossed with gateways, holes, national cyber forces, and often partial, uncoordinated, or vague strategies. Over time, the world will have robust, midlevel, and poor cyber powers, with the first tier coercing the others and dominating the rules of exchange. Democratic civil societies are not guaranteed to be robust. For acceptable future societal well-being in a deceptive and opaque cybered world, decision-makers need a systemic approach based on the logic of complex socio-technical-economic systems (STES) to create the systemic resilience and disruption capacities across shareable (across allies/sectors) secure architectures essential to becoming a robust cyber power, which is the focus of this chapter.

scholarly journals Devastating Consequences of Sex Trafficking on Women's Health

2017 ◽  
Vol 84 (4) ◽  
pp. 367-379 ◽  
Author(s):  
Fr. James McTavish
Keyword(s):  
Catholic Church ◽  
Sex Trafficking ◽  
Mental Health Problems ◽  
Well Being ◽  
Physical And Mental Health ◽  
Same Sex ◽  
Pope Francis ◽  
Female Victims ◽  
The World ◽  
The Catholic Church

Sex trafficking has devastating consequences on the physical and mental well-being of millions of women around the world. These trafficking victims often come in contact with medical personnel, and these encounters with suitably prepared staff can be a step toward healing of the victims. The Catholic Church, especially through Pope Francis, is making strenuous efforts to curb the spread of sex trafficking. Same-sex feelings and behavior may arise post-trafficking in individuals, although this does not appear to be mentioned thus far in the literature. Here, we are most likely dealing with a type of “pseudo-lesbianism” post-trauma. The trafficking survivor can be helped to understand some of the likely roots of her feelings such as anti-male sentiments following abuse. She needs to be patiently, and expertly, accompanied to process the trauma she has experienced, and learn how to meet her genuine needs for female affection and affirmation in healthy, chaste, and non-erotic ways. Summary Around the world, millions of female victims of human trafficking are forced into sex “work,” often resulting in serious physical and mental-health problems. Healthcare staff should be alert to spot victims of sex trafficking and be ready to assist them. The Catholic Church, especially through Pope Francis, has been vocal in denouncing this form of modern slavery. Some female victims of sex trafficking may experience same-sex feelings afterward. Healing for such young women involves helping them to process their traumatic experiences, as well as patiently accompanying them as they seek to develop healthy, chaste friendships with other females and males.

Custody and Access: are children's interests being protected?

1990 ◽  
Vol 15 (4) ◽  
pp. 13-20 ◽  
Author(s):  
J. Neville Turner
Keyword(s):  
Well Being ◽  
Periodical Literature ◽  
Child Abduction ◽  
Rights Of The Child ◽  
Global Issue ◽  
The World ◽  
The Law ◽  
Children's Interests ◽  
Custody And Access ◽  
Accurate Reflection

All who work with broken families know that disputes as to custody and access of children are the most difficult of all cases to resolve and often create great bitterness. Yet the law relating to them is exceedingly simple. It can be expressed in nine words: “The welfare of the child is the paramount consideration.”Despite its apparent simplicity though, the law and practices relating to custody and access are undergoing a great deal of heart-searching. If legal periodical literature of other countries is an accurate reflection of concern, it seems that very radical re-thinking is occurring abroad. Some of this is likely to rub off on this country. For, whether we like it or not, the world is getting smaller and the welfare of children is becoming more and more an international concern. The ratification by Australia of the UN Convention on the Rights of the Child is a timely reminder of this. The incidence of child abduction, kidnapping and inter-country marriages, and of course, inter-country adoption, surely testifies to the fact that we should now be looking at the care and well-being of children as a global issue.

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