scholarly journals PERLINDUNGAN HAK ANAK DALAM PEMERIKSAAN PERKARA PERMOHONAN DISPENSASI KAWIN

2021 ◽  
Vol 10 (2) ◽  
pp. 111
Author(s):  
Mudawamah Mudawamah
Keyword(s):  
Descriptive Analysis ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
Conceptual Approach ◽  
Cultural Aspects ◽  
Rights Of The Child ◽  
Legal Implications ◽  
Qualitative Descriptive ◽  
The Impact

 Jurnal dengan judul “Perlindungan Hak Anak Dalam Pemeriksaan Perkara Permohonan Dispensasi Kawin” ini berangkat dari permasalahan bagaimana bentuk perlindungan hak anak dalam pemeriksaan perkara permohonan dispensasi kawin dan bagaimanana implikasi hukum dispensasi kawin dalam rangka perlindungan hak anak. Penelitian ini bertujuan untuk menganalisis dan menjelaskan perlindungan hak anak dalam pemeriksaan perkara permohonan Dispensasi Kawin dan juga implikasi hukum Dispensasi Kawin dalam rangka perlindungan hak anak. Penelitian ini termasuk penelitian yuridis normatif. Penelitian ini menggunakan pendekatan perundang-undangan dan pendekatan konseptual. Sumber bahan hukum dalam penelitian ini terdiri dari bahan hukum primer, bahan hukum sekunder dan bahan hukum tersier. Analisis penelitian ini dilakukan dengan analisis deskripstif kualitatif. Berdasarkan hasil penelitian, dapat disimpulkan bahwa perlindungan hak anak selama proses pemeriksaan perkara permohonan Dispensasi Kawin mengacu pada UU Perkawinan dan juga Perma Nomor 5 Tahun 2019 tentang Pedoman Mengadili Permohonan Dispensasi Kawin. Adapun bentuk perlindungan hak anak dalam pemeriksaan perkara permohonan Dispensasi Kawin meliputi: 1) Diperiksa oleh Hakim Tunggal yang kompeten, 2) Memberikan rasa nyaman di persidangan, 3) Menghadirkan anak dalam proses pemeriksaan, 4) Hakim menghadirkan dan memberi nasihat kepada Orang Tua, Anak, Calon Suami/Isteri dan Orang Tua/Wali Calon Suami/Isteri, 5) Mengutamakan kepentingan terbaik untuk anak, dan 6) Pertimbangan hukum oleh hakim yang mewujudkan kepastian, kemanfaatan dan keadilan bagi anak. Permohonan Dispensasi Kawin menimbulkan implikasi hukum baik permohonan tersebut dikabulkan ataupun ditolak. Dalam memberikan pertimbangan hukum atas permohonan Dispensasi Kawin tersebut, hakim harus mengutamakan kepentingan terbaik bagi anak dengan mempertimbangkan moral, agama, adat dan budaya, aspek psikologis, aspek kesehatan, dan dampak yang ditimbulkan untuk mewujudkan kepastian, kemanfaatan dan keadilan bagi anak.Kata kunci: Perlindungan Hak Anak, Dispensasi Kawin The journal related to "The Protection of the Rights of the Child in Examination of Cases of Application for Marriage Dispensation" departs from the problem of how to protect children's rights in examining cases of applications for marriage dispensation and how are the legal implications of marriage dispensation in the context of protecting children's rights. This study aims to analyze and explain the protection of children's rights in examining cases of applications for marriage dispensation and also the legal implications of marriage dispensation in the context of protecting children's rights. This research is a normative juridical research. This study uses a statutory approach and a conceptual approach. The sources of legal materials in this study consist of primary legal materials, secondary legal materials and tertiary legal materials. The analysis of this research was carried out by means of a qualitative descriptive analysis. Based on the results of the research, it can be concluded that the protection of children's rights during the process of examining cases of marriage dispensation applications refers to the Marriage Law and also Supreme Court regulations Number 5 of 2019 concerning Guidelines for Adjudicating Applications for Marriage Dispensation. The forms of protection of children's rights in the examination of cases of application for Marriage Dispensation include: 1) The examination by a competent single judge, 2) Providing a sense of comfort at court, 3) Presenting children in the examination process, 4) The Judge presents and advises parents, children, candidate for husband / wife and parents / guardian of candidate husband / wife, 5) Prioritizing the best interests of the child, and 6) Legal considerations by the judge that realize certainty, benefit and justice for the children. An application for marriage dispensation has legal implications whether the application is granted or rejected. In providing legal considerations for the request for the marriage dispensation, the judge must prioritize the best interests of the child by considering the moral, religious, customary and cultural aspects, psychological aspects, health aspects, and the impact that is created to create certainty, benefit and justice for the child.Keywords: Protection of Children's Rights, Marriage Dispensation 

The Best Interests of the Child

2020 ◽  
pp. 203-221
Author(s):  
Wouter Vandenhole ◽  
Gamze Erdem Türkelli
Keyword(s):  
Human Rights ◽  
Family Law ◽  
Children's Rights ◽  
Case Law ◽  
Children’S Rights ◽  
Best Interests ◽  
Rights Of The Child ◽  
European Court ◽  
Elusive Concept

The best interests of the child principle is considered a pillar of children’s rights law and, according to the UN Convention on the Rights of the Child (CRC), is to be a primary consideration in all actions concerning children. Yet best interests is an elusive concept and principle that has no single authoritative definition or description. Internationally and domestically relevant in such diverse areas as family law, adoption, migration, and socioeconomic policymaking, the best interests principle requires flexibility and is best served by a case-by-case approach, as has been recognized by the UN Committee on the Rights of the Child and the European Court of Human Rights. This chapter analyzes relevant international case law and suggests the use of a number of safeguards to prevent such requisite flexibility from presenting a danger of paternalism, bias, or misuse.

scholarly journals BUSINESS, HUMAN RIGHTS AND CHILDREN: THE DEVELOPING INTERNATIONAL AGENDA

2013 ◽  
Vol 25 (1) ◽  
pp. 107-127
Author(s):  
Olga Martin-Ortega ◽  
Rebecca M M Wallace
Keyword(s):  
Children's Rights ◽  
Children’S Rights ◽  
Business Sector ◽  
Economic Exploitation ◽  
Rights Of The Child ◽  
Business Principles ◽  
State Obligations ◽  
Save The Children ◽  
Private Business Sector ◽  
The Impact

The consideration of the role of the private business sector with regards to the fulfilment of children’s rights is relatively recent. International attention on the effects of business activities have on children has been fragmented until now, focussing on specific sectors, mainly child labour and economic exploitation. Recent international developments, addressed both to states and business enterprises, propose a more comprehensive approach. This article focuses on two of them: the UNICEF-Global Compact and Save the Children Children’s Rights and Business Principles (CRB Principles), launched in May 2012, and the Committee on the Rights of the Child’s General Comment No. 16 on state obligations regarding the impact of the business sector on children’s rights, published in April 2013.  Both documents represent an important step in the consolidation of an international agenda for the protection of the rights of the child that takes into account the different challenges faced by children in the current economic system.

scholarly journals Barnkonventionens implementering i svensk lagstiftning och praktik – barns bästa och barns rätt att uttrycka sina åsikter vid vårdnadstvister

2020 ◽  
Vol 37 (3-4) ◽  
Author(s):  
Annika Rejmer ◽  
Ann-Sofie Bergman
Keyword(s):  
Empirical Data ◽  
Empirical Studies ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
Rights Of The Child ◽  
Custody Disputes ◽  
Good Contact

Implementation of the Convention on the Rights of the Child in Swedish legislationand practice – children’s best interests and children’s rights to express their viewsin custody disputes: The article examines the implementation of articles 3 and 12 of the UN Convention on the Rightsof the Child (CRC) in the parental code regulations on custody, residence and access and how theyare applied in practice. The best interests of the child are, according to the regulations of the parentalcode, the superior principle in handling custody disputes, which includes an examination ofthe risk of abuse, the child’s need for close and good contact with both parents and the child’s will.The results of conducted empirical studies show that articles 3 and 12 of the CRC have not beenimplemented in the parental code. Children lack an independent right to express their opinionin the handling of custody disputes. The article is based on empirical data from sources of law,custody cases, and interviews with parents in dispute.

scholarly journals Cascading impacts of climate change and the rights of children in Africa: A reflection on the principle of intergenerational equity

2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Rongedzayi Fambasayi ◽  
Michael Addaney
Keyword(s):  
Climate Change ◽  
Regional Climate ◽  
Children's Rights ◽  
Intergenerational Equity ◽  
Children’S Rights ◽  
Best Interests ◽  
Rights Of The Child ◽  
Sustainable Future ◽  
Climate Action ◽  
Impacts Of Climate Change

SUMMARY This article explores the manner in which climate action at the African regional level protects and promotes children's rights with considerations being had to the principle of intergenerational equity. It establishes that while the concept of intergenerational equity is entrenched in the international and African regional climate change framework for the protection of children, neither the Convention on the Rights of the Child nor the African Children's Charter mentions the concept. However, CRC and the African Children's Charter oblige states to take into consideration the views of children and protect their best interests in climate action (to ensure intergenerational equity) and in achieving a sustainable future. Using a doctrinal research method, the article examines the regional legal and institutional responses to the cascading impacts of climate change and how they safeguard children's rights to a sustainable future. It proceeds to critically analyse child rights-responsive provisions in the African Children's Charter that could potentially enhance the utility of the principle of intergenerational equity in the context of climate action in Africa. The article argues that the principle of intergenerational equity could, in theory, be used as a useful tool for the protection and promotion of the rights and interests of children from climate change impacts. Key words: children's rights; climate change; climate justice; future generations; intergenerational equity

scholarly journals The Principle of Protecting the Best Interests of the Child in Shia Jurisprudence and Iran’s Legal System with Emphasis on Custody (New Understanding of a Traditional Legal Concept)

2019 ◽  
Vol 6 (1-2) ◽  
pp. 67-82
Author(s):  
Seyed Masoud Noori ◽  
Maryamossadat Torabi
Keyword(s):  
Legal System ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
International Treaties ◽  
Best Interest ◽  
Legal Concept ◽  
Rights Of The Child ◽  
The Family ◽  
Made In

In this article, children’s rights will be studied in the Iranian legal system with remarks on its references in the Shia Jurisprudence. One of the main issues regarding children, is their guardianship, custody or tutorship. The Iranian legal system, same as the Shia Jurisprudence, has always kept the best Interest of the child as an essential ground for law making. Referring to court decisions; it is evident that control of the guardianship on the child is limited by the best interests of the child, because this interests is what we are sure to understand from the reason of custody of the child and that this system is designed only to secure child’s best interests since he/she might be incapable to secure his/her interests alone. The Iranian legal system, especially in the family law section is based on the Islamic rules. The main documents in the Shia Jurisprudence in Islam are Quran, Hadith, Consensus and reasoning which will be defined herein. In addition, a more recent review will be made in this study regarding the ratified laws regarding children’s rights and international treaties and conventions while focusing on the Convention on the Rights of the Child even though, Iran joined this convention by having several reservations.

scholarly journals THE IMPACT OF COVID-19 ON CHILDREN’S RIGHTS

2021 ◽  
Author(s):  
Sandra Winkler
Keyword(s):  
Children's Rights ◽  
Fundamental Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
Emergency Situations ◽  
Delicate Balance ◽  
The People ◽  
Analytical Reconstruction ◽  
Precise Moment ◽  
The Impact

In emergency situations, the people most affected are often those who are already vulnerable, and this certainly includes children. The “new normal” we are living in to defend ourselves against this tiny yet dangerous enemy has serious repercussions on children’s lives. This becomes even more evident if we think of those children who are doubly vulnerable – they are even more fragile because they live in conditions of particular hardship when they live outside their family, have a disability, or live in poverty. Since the beginning of the Covid-19 pandemic, we have witnessed the proliferation of numerous initiatives by various national and international children’s rights institutions, which have called for urgent measures to protect children’s rights. At this precise moment, the concept of the child’s best interests is also reinterpreted as a result of a reasonable compression of certain children’s rights and the prevalence of others. The present paper will attempt an analytical reconstruction of children’s fundamental rights by analyzing how these rights have changed during the pandemic. In fact, it is necessary to know if and/or how much have the rights of minors changed as a result of the emergency. The second part of the paper is dedicated to the question of which children’s rights will be most compromised or changed in the post-Covid-19 era. In reflecting on the inevitable consequences that the pandemic will leave on the delicate balance of the development of children’s rights, the author will offer some proposals on how to contain the encountered difficulties.

The Impact of the Best Interests and the Respect for the Views of the Child Principles in Child Custody Cases

2019 ◽  
Vol 88 (4) ◽  
pp. 614-635
Author(s):  
Elvis Fokala
Keyword(s):  
Child Custody ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
Wide Range ◽  
Irish Case ◽  
The Impact

The best interests of the child and the respect for the views of the child are pillars designed and recognised in international children’s law as principles on which children’s rights in general evolve. Both principles operate across a wide range of issues relating to and related to children. A combination of both principles in an attempt to claim particular children’s rights is also possible and together accentuate the fact that children’s rights are interrelated and stronger when combined. This article attempts a combination of both principles in interpreting the intricacy and the impact both principles have had in aiding the court make decisions in favour of a child in child custody cases – the focus will be on the decisions in the Finnish case of Merkelback v. Illges-Merkelback and the Irish case of Nk v. Sk.

Incorporating children’s rights: the divergence in law and policy

Legal Studies ◽  
2007 ◽  
Vol 27 (2) ◽  
pp. 261-287 ◽  
Author(s):  
Jane Williams
Keyword(s):  
Human Rights ◽  
Children's Rights ◽  
Children’S Rights ◽  
European Convention ◽  
England And Wales ◽  
Rights Of The Child ◽  
Law And Policy ◽  
Legislative Framework ◽  
The Uk ◽  
The Impact

The paper examines conceptual barriers to incorporation of children’s rights – understood in the context of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950, the Human Rights Act 1998 and the United Nations Convention on the Rights of the Child 1989 – in the law of England and Wales. It identifies traditions in law and policy on children and young people, and competing political imperatives which militate against effective implementation of children’s rights to protection and provision, but suggests that participative rights pose fewer problems. It argues that the scope for further judicial development is limited in the absence of substantial changes in the legislative framework. It then examines rights-based reasoning in administrative practice and considers the impact here of ideological differences between the UK Government and the Welsh Assembly Government. It considers the scope for differential implementation within the evolving devolution settlement, and the potential impact of such difference on child law and practice in the ‘single jurisdiction’ of England and Wales. It concludes by arguing for greater attention to executive as well as legislative and judicial functions, and to extra-judicial mechanisms, for promoting rights-based decision making.

Violating the Rights of the Child through Inadequate Sexual Health Education

2009 ◽  
Vol 17 (1) ◽  
pp. 143-154 ◽  
Author(s):  
Charlene Kennedy ◽  
Katherine Covell
Keyword(s):  
Health Education ◽  
Sexual Health ◽  
Sex Education ◽  
Health Knowledge ◽  
Children's Rights ◽  
Children’S Rights ◽  
Sexual Health Education ◽  
Rights Of The Child ◽  
Gays And Lesbians ◽  
The Impact

AbstractThe focus of this research was to examine the impact of traditional sexual health education, an approach that infringes upon children's rights to information, on 15 year-olds' knowledge of birth control, sexually transmitted infections, pregnancy, attitudes toward gays and lesbians. One hundred and twenty grade ten students completed a survey comprising measures of sex education received, sexual activity, sexual health knowledge, attitudes toward gays, lesbians, and the teaching of homosexuality, and school-based experiences with homophobia. Our findings reinforce the inadequacy of traditional sexual health education to meet rights consistent standards. Although many of the respondents were sexually active, their knowledge of sexual health issues, and especially of homosexuality, was poor. Homophobic expression was reported to be very common in schools, and teacher interventions were few. Prejudicial attitudes toward gays and lesbians were related to experience with homophobia and to a lack of knowledge about homosexuality. In essence current practices are violating the rights of all children but particularly those of sexual minority status. Consistency with children's rights requires shifts in sex education practices and teacher attitudes and behaviors.

Restorative Justice through a Children's Rights Lens

2010 ◽  
Vol 18 (2) ◽  
pp. 161-183 ◽  
Author(s):  
Nessa Lynch
Keyword(s):  
Restorative Justice ◽  
Justice System ◽  
Due Process ◽  
Children's Rights ◽  
International Standards ◽  
Children’S Rights ◽  
Best Interests ◽  
Youth Justice ◽  
Rights Of The Child ◽  
Due Process Rights

AbstractRestorative justice is an alternative to the formal criminal justice system which focuses on repairing the harm caused to the victim of the offence, effecting reconciliation between victim and offender, and the re-integration of the offender. Its use is widespread in national youth justice systems. This article will analyse the use of restorative justice in connection with offending by children. It will be argued that despite evidence of endorsement by the Committee on the Rights of the Child, the fundamental concepts of restorative justice are at odds with a children's rights model of youth justice as required by international standards. Not only do similar concerns about due process rights exist for children as for the adult system, it is difficult to reconcile the best interests of the child standard with the victim focused approach of restorative justice, and there are doubts as to whether children have sufficient maturity for remorse and reintegration.

Sign in / Sign up

Export Citation Format

Share Document