scholarly journals REFUGEE CHILDREN UNDER THE MALAYSIAN LEGAL FRAMEWORK

2014 ◽  
Author(s):  
Dina Imam Supaat
Keyword(s):  
Legal Status ◽  
Legal Framework ◽  
Refugee Children ◽  
United Nation Convention ◽  
Rights Of The Child ◽  
Legal Provisions ◽  
International Obligation ◽  
High Commissioner ◽  
The Status ◽  
United Nation

This study will delve into the Malaysian legal framework for the protection of refugee children; their legal status under the law; and guarantee to their rights. It will first identify the general protection under various Malaysian statutes relevant to refugee children. Discussion will continue to emphasise on any adverse effect of the legal provisions on refugee children. This will then followed by analysing Malaysia’s international commitment and obligation relating to children in general with some reference to refugee children. Discussion will touch on the role and mandate of the United Nation’s High Commissioner for Refugee’s (UNHCR) office, to protect refugee, Malaysia’s commitment as a state party to the United Nation Convention on the Rights of the Child (UNCRC) and it’s refusal to ratify the 1951 Convention Relating to the Status of Refugee (CRSR). Other dimension of this paper is the highlight of the adverse effects of inconsistent domestic legal provisions on the enjoyment of rights by refugee children. Finding of this study will show the extent of protection offered to refugee children under domestic laws and the reasons why Malaysia should fulfill its international obligation towards refugee children and further effort that must be initiated to ensure compliance to protection under international law. Keywords: Refugee children, Malaysian law, rights of the child.

scholarly journals Best Interests of the Child – the Legal Determination of the Principle

2021 ◽  
Vol 8 (2) ◽  
pp. 15-25
Author(s):  
Narcisa Galeș ◽  
Dumitrița Florea
Keyword(s):  
Legal Status ◽  
Nuclear Family ◽  
Legal Protection ◽  
Legal Framework ◽  
Third Party ◽  
Best Interests ◽  
Rights Of The Child ◽  
The Status ◽  
The One ◽  
The Individual

When referring to children, we must admit that they are not just physical existences whose stages of development participate in determining the concept of legal capacity. Children are natural persons who, until the age of majority, are protected by the law, precisely because of their insufficient psychological maturity. In particular, we are referring to legal protection of the child in civil matters, subject to civil law, but also to legal protection of the child in general, which goes beyond the civil support given to the individual, legally called a natural person, within the general legal framework which safeguards the fundamental social values of the individual, by including a special legal protection regime on the child. Therefore, the child is no longer an identity substitute for the parents, but needs to be treated according to what it is and not what it will become, as he is the holder of his or her own rights, having a legal status in his or her own right, while also interacting with the rights and obligations of others (extended nuclear family or third-party relationships), as well as society as a whole, which has structured the status of the child according to its values. This is the ideology of the rights of the child, as a result of its development, centered on the recognition of the child as holder of related rights of indivisibility, interdependence and interrelation, the respect, protection and enforcement of which are bound by the States signatory to the Convention on the Rights of the Child. This legal instrument is a probable consequence of the equalitarian dynamics of human rights, on the one hand, and, on the other, based on the discovery of psychology by highlighting children's ability to understand and feel.

scholarly journals The door behind the bamboo curtain - Chinese law and policy on refugee status

2021 ◽  
Author(s):  
◽  
Lili Song
Keyword(s):  
Large Scale ◽  
Chinese Government ◽  
Policy And Practice ◽  
Refugee Status ◽  
Chinese Law ◽  
Legal Provisions ◽  
Law And Policy ◽  
High Commissioner ◽  
The Status ◽  
Definition Of

<p>This thesis systematically considers the law and policy on refugee status in the People’s Republic of China. It considers relevant Chinese legal provisions, applicable bilateral and multinational treaties, as well as China’s refugee policy and practice. It also presents and analyses first-hand information collected through interviews with refugees and aid workers.  China is an emerging destination of refugees and other displaced foreigners. Although China is a party to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, Chinese law contains no provisions governing the definition of a refugee or the determination of refugee status. Further, there is a gap between the criteria for asylum in the 1982 Chinese Constitution and the criteria for refugee status in the 1951 Convention.  In practice, although the Chinese government has generally allowed the United Nations High Commissioner for Refugees to process individual applications for refugee status, the Chinese government has practically performed the function of refugee status determination in large-scale influx situations through policy decisions. In these situations, the security, political, and strategic interests of China have often overshadowed China’s commitment under the 1951 Convention.  China has been cautious about recognising refugees on its territory. However, the Chinese government has clearly demonstrated a growing interest in addressing the issue of refugee recognition within a more formalised framework.  In conclusion, this thesis recommends that China adopt a legal refugee definition in line with the 1951 Convention relating to the Status of Refugees and develop a predictable and fair national RSD mechanism.</p>

scholarly journals The door behind the bamboo curtain - Chinese law and policy on refugee status

2021 ◽  
Author(s):  
◽  
Lili Song
Keyword(s):  
Large Scale ◽  
Chinese Government ◽  
Policy And Practice ◽  
Refugee Status ◽  
Chinese Law ◽  
Legal Provisions ◽  
Law And Policy ◽  
High Commissioner ◽  
The Status ◽  
Definition Of

<p>This thesis systematically considers the law and policy on refugee status in the People’s Republic of China. It considers relevant Chinese legal provisions, applicable bilateral and multinational treaties, as well as China’s refugee policy and practice. It also presents and analyses first-hand information collected through interviews with refugees and aid workers.  China is an emerging destination of refugees and other displaced foreigners. Although China is a party to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, Chinese law contains no provisions governing the definition of a refugee or the determination of refugee status. Further, there is a gap between the criteria for asylum in the 1982 Chinese Constitution and the criteria for refugee status in the 1951 Convention.  In practice, although the Chinese government has generally allowed the United Nations High Commissioner for Refugees to process individual applications for refugee status, the Chinese government has practically performed the function of refugee status determination in large-scale influx situations through policy decisions. In these situations, the security, political, and strategic interests of China have often overshadowed China’s commitment under the 1951 Convention.  China has been cautious about recognising refugees on its territory. However, the Chinese government has clearly demonstrated a growing interest in addressing the issue of refugee recognition within a more formalised framework.  In conclusion, this thesis recommends that China adopt a legal refugee definition in line with the 1951 Convention relating to the Status of Refugees and develop a predictable and fair national RSD mechanism.</p>

Children’s human rights and diversity in schools: Framing and measuring

2018 ◽  
Vol 13 (2) ◽  
pp. 276-298 ◽  
Author(s):  
Audrey Osler ◽  
Trond Solhaug
Keyword(s):  
Human Rights ◽  
Child Protection ◽  
Measurement Instrument ◽  
Implementation Strategies ◽  
United Nation Convention ◽  
Child Rights ◽  
School Settings ◽  
Rights Of The Child ◽  
Human Rights Standards ◽  
United Nation

We report on the development of an instrument to measure attitudes to children’s human rights and diversity in schools. It was developed to investigate perceptions of human rights and diversity among students and then teachers in two contrasting areas of Norway. The instrument draws on human rights standards articulated in the United Nations Convention on the Rights of the Child. It is intended for use in future baseline studies, allowing for transnational and comparative analysis of child rights in education. The near-universal ratification of the United Nation Convention on the Rights of the Child provides an agreed international framework for evaluating rights implementation strategies over time. We contextualise the measurement instrument, focusing on rights provision, child protection, and participation in schools. We consider its strengths and possible limitations and discuss the need for a sound human rights conceptual model through which child rights in school settings can be interpreted.

Actual issues of improvement of the legal status of demonstration farms as subjects of agribusiness in Ukraine

2021 ◽  
Author(s):  
Olha Kulynych
Keyword(s):  
Agricultural Production ◽  
Legal Status ◽  
Academic Research ◽  
Legal Framework ◽  
Main Body ◽  
Innovative Technologies ◽  
Legal Provisions ◽  
Management Technology ◽  
Domestic Practice ◽  
Technology Marketing

Problem setting. It has been known that the use of advanced technological knowledge for running agriculture is to be one of the most effective factors to ensure the growth of agricultural production. To succeed, agribusiness entities must have legal access to the latest achievements in Economics, Management, Technology, Marketing, Accounting, Taxes, Law, Ecology, etc. Therefore, demonstration farms, as areas where modern achievements in agriculture have been displayed, play a significant role in the spread of innovative technologies and practices in agriculture. Nevertheless, the legal framework for demonstration farms activity has not been introduced in Ukraine. Analysis of recent researches and publications. The information base of the current research is not only extended to the current legislation of Ukraine, but also it includes the latest studies of scholars and scientists in the field of Agriculture and Agrarian Law. Target of research is to provide academic research underlying the issue of introduction legal provisions on legal statutes of the demonstration farm into the framework of agrarian legislation on legal statues of agribusiness subjects. Article’s main body. At present, the best international experience of managing demonstration farms as new subjects of agribusiness, which disseminate the innovative experience of agricultural management among other farms, is becoming more and more essential to introduce into the production of agriculture in Ukraine. However, in our country, there is no proper legal framework for the establishment and operation of demonstration farms, which complicates their activities. In this regard, the analysis of the world’s experience in the operation of demonstration farms as a form of application of innovative technologies in agricultural production by agribusiness entities was made. The most relevant issues of the domestic practice of demonstration farms were considered. Further recommendations to enhance the legal status of demonstration farms as special subjects of agribusiness in Ukraine were given. Conclusions and prospects for the development. The article substantiates the feasibility of adopting a law on demonstration farms, which would determine the legal status of such farms, and formulates proposals for the content of the main provisions of the legal status of demonstration farms, which should be enshrined in the proposed law.

scholarly journals LEGAL STATUS OF EMPLOYEES IN THE UKRAINIAN SOVIET SOCIAL REPUBLIC (1921–1928)

2020 ◽  
pp. 41-60
Author(s):  
Olha Rudnytska ◽  
Nataliia Rudnytska
Keyword(s):  
Economic Policy ◽  
Policy Implementation ◽  
Industrial Development ◽  
Legal Status ◽  
Comparative Method ◽  
Legal Framework ◽  
Practical Application ◽  
New Economic Policy ◽  
Soviet Government ◽  
Legal Provisions

The aim of the work is to study the legal status of employees in the Ukrainian SSR in 1921–1928, which had its own peculiar features due to the new economic policy implementation by the Soviet government (hereinafter referred to as the NEP). The methodology involves the adherence to the principles of objectivity, scientific character, and historicism, which facilitated the coherent disclosure of the prerequisites, content and consequences of the Soviet government social policy implementation in the Ukrainian SSR, and highlighted the legal status of employees and the specifics of its codification. The combination of historical and legal methods contributed to the consistency of the research, as well as enabled us to assert the novelty of the material under consideration. The historical research of the NEP in the combination with the regulatory and legal framework analysis creates new opportunities for interdisciplinary scientific inquiries. The use of general scientific methods, such as systematization, generalization, chronological and comparative method, historical and legislative method, provides us with a tool to trace the influence of the legal component on the history of the NEP introduction and development in the Ukrainian SSR during the specified period. The scientific novelty aims at providing a detailed historical and legal analysis of the content of the Ukrainian SSR legislation system concerning the legal status of employees during the NEP period. The authors comprehensively investigate its positive aspects, downsides and prospects for practical application in the specified period.The Conclusions. The article has newly provided an article-by-article analysis of regulatory and legal framework, that codified the legal status of Ukrainian SSR employees during the new economic policy (1921–1928). The historical and legislative review of legal provisions enabled us to identify their positive aspects, drawbacks, and prospects for practical application. With the beginning of the curtailment of the NEP, the activities of social insurance authorities changed, they began to focus on the industrial development of the country.The policy implemented by the Soviet government in the late 1920s under the leadership of Josef Stalin, demonstrated an expeditious movement towards authoritarianism, which is incompatible with market relations and special care for the "cogs" (little people) of the system. A system based on the Command and Administration system methods of managing the economy is gradually being formed. The increased exploitation of peasants and workers, the use of violence and political repression changed the legal status of employees in many sectors of the economy.

scholarly journals TO CHARACTERIZE THE CURRENT STATE OF LEGAL REGULATION OF PENSIONS OF JUDGES

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 269-275
Author(s):  
Ю. І. Соколова
Keyword(s):  
Public Relations ◽  
Social Protection ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Norms ◽  
Legal Provisions ◽  
The Status ◽  
General Order ◽  
Definition Of ◽  
The Impact

The relevance of the article is that when forming a theoretical and legal position on the content of a phenomenon or object, the issue of its settlement by law is especially important. The study of various aspects of judges' pensions has shown the key role of the normative component in the content of this problem, through which the legal reality establishes its influence on the relations arising in the field of pensions of judges. It should be noted that the legal regulation is characterized by the following features: it is, first, the impact of law on public relations, which is carried out through a separate group of legal instruments - legal norms; secondly, normative-legal regulation is a part of complex legal influence, in other words, it shows only one of clusters of legal regulation of the corresponding object; thirdly, the intensity, efficiency, breadth and other mechanical factors of legal regulation directly depend on the quality and system of legal provisions and norms that build the content of the category. The article, based on the analysis of scientific views of scientists, proposes the author's definition of the concept of legal regulation of judges' pensions. The main normative-legal acts of the legislative and by-law level which fix the principles of regulation of public relations in the field of pension provision of judges are singled out. It is concluded that the main feature of the legal regulation of judges' pensions is the presence of two groups of legal documents, namely: general, which establish guarantees of social protection and pensions in Ukraine as a whole, led by the Constitution, and special - the Law of Ukraine "On Judiciary and the Status of Judges" dated 02.06.2016 №1402-VIII, documents of judicial self-government bodies - establish the peculiarities of judges receiving pensions and monthly lifetime allowance. At the same time, the disadvantage of the special legal framework is the lack of norms that clearly explain the procedure and features of both types of pensions for judges, by paying them pensions in the general order and a monthly lifetime allowance. In particular, the special normative-legal base does not explain the content of the monthly lifetime cash maintenance and the main points of its legal significance.

scholarly journals THE RIGHTS OF CHILDREN REFUGEE IN TRANSIT COUNTRY UNDER THE CRC, A CASE OF INDONESIA: AN INTENDED NEGLIGENCE?

2021 ◽  
Vol 5 (1) ◽  
pp. 114-136
Author(s):  
Debby Kristin ◽  
Chloryne Trie Isana Dewi
Keyword(s):  
United Nations ◽  
Geneva Convention ◽  
Middle Eastern ◽  
Refugee Children ◽  
United Nations High Commissioner ◽  
Refugee Child ◽  
Transit Country ◽  
Rights Of The Child ◽  
Basic Rights ◽  
High Commissioner

AbstractCivil wars in Middle Eastern countries and several countries in Africa have resulted in an increased influx of refugees seeking refuge in Indonesia every year. Although Indonesia is not their final destination, they prefer to wait in a transit country rather than experience terror and persecution in their home country., As a non-signatory country to the 1951 Geneva Convention, for humanitarian reasons, Indonesia allows those people who already in the territory of Indonesia to temporary stay until they status are clear. 28% of the refugees registered with the United Nations High Commissioner for Refugees (UNHCR) in Indonesia are under 18 years of age. Being a refugee child in a transit country keeps them away from the threat of war crimes in their country, nonetheless it turns out that there are basic rights that cannot be fully fulfilled. The 1989 Convention on the Rights of the Child (CRC) regulates state obligation to fulfil the rights of the child in any situation without discrimination. Indonesia as a transit country and state party to the CRC facing dilemma in assisting the child refugees. This article will analyse whether Indonesia has responsibility for child refugee in its jurisdiction as regulated in the CRC. By research, Indonesia can be considered fail to conduct its obligation under CRC. Hence Indonesia can be held responsible for its negligence in complying its obligation under the CRC. Nonetheless, there are measures that can be taken by the Indonesian Government through cooperation with international communities as well as corporations to tackle the challenges in implementing the CRC particularly in regards to refugee children. Keywords: Basic Rights, Refugee Children, State Responsibility   AbstrakPerang sipil di negara Timur Tengah dan beberapa negara di Afrika menghasilkan gelombang pengungsi yang mencari perlindungan ke Indonesia meningkat setiap tahunnya. Mereka lebih memilih untuk menunggu di negara transit daripada harus merasakan teror dan persekusi di negara asalnya. Indonesia bukan negara peserta Konvensi Jenewa 1951, namun dengan alasan kemanusiaan menampung untuk sementara para pencari suaka sampai status mereka jelas berdasarkan penilaian UNHCR. Sebesar 28% dari pengungsi yang terdaftar di United Nations High Commissioner for Refugees (UNHCR) Indonesia berumur di bawah 18 tahun. Menjadi anak yang berada di negara transit memang menjauhkan mereka dari ancaman kejahatan perang di negaranya, namun ternyata tidak seluruh hak asasi mereka dapat dipenuhi di negara transit. Konvensi Hak Anak 1989 mengatur kewajiban negara untuk memenuhi hak asasi anak dalam situasi apapun tanpa diskriminasi. Indonesia sebagai negara transit dan juga a peratifikasi Konvensi Hak-hak Anak 1989 (KHA) menghadapi dilema dalam menghadapi anak-anak pencari suaka. Artikel ini akan menganalisa apakah Indonesia melakukan pelanggaran terhadap pemenuhan hak bagi para pengungsi anak sehingga dapat dikenai tanggung jawab negara. Indonesia dapat dikatakan gaal dalam memenuhi kewajibannya berdsarkan KHA sehingga dapat diminta pertanggungjawaban atas kelalalainya. Namun terdapat berbagai upaya yang dapat dilakukan oleh pemerintah Indonesia dengan bekerjasama dengan berbagai Lembaga internasional maupun nasional serta perusahaan untuk mengatasi permasalahan dalam penerapan KHA terutama terkait hak pengungsi anak. Kata Kunci: Hak-Hak Dasar, Pengungsi Anak, Tanggung Jawab Negara

scholarly journals “Done Because We Are Too Menny”

2018 ◽  
Vol 26 (4) ◽  
pp. 700-739 ◽  
Author(s):  
Charlotte O’Brien
Keyword(s):  
Human Rights ◽  
Social Security ◽  
Child Poverty ◽  
Best Interests ◽  
Rights Of The Child ◽  
Legal Provisions ◽  
Legal Obligations ◽  
The Status ◽  
Welfare Reforms ◽  
Law Making

Among a swathe of major welfare reforms, one has received little academic attention – the two-child rule, restricting claims for key benefits to a maximum of two children. In negating the status of specific children within the framework of subsistence benefits, the measure clashes profoundly with a series of international legal obligations. In particular, the rule is set to increase child poverty, calling into question the role and purpose of the un Convention on the Rights of the Child (un crc) in the law-making process. This paper explores problematic recent decisions that risk creating a human rights chasm when it comes to children and social security rights, and argues that existing legal provisions can and should be used to fill that gap. It finds no evidence that the best interests of the child were a primary consideration in the enactment of the two-child rule, and argues that the justificatory narrative of welfare decadence is manifestly without reasonable foundation. If the un crc does not bite here, then we must question whether children have any social security rights at all.

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