scholarly journals Children’s rights, international human rights and the promise of Islamic legal theory

2010 ◽  
Vol 12 (2) ◽  
Author(s):  
D Olowu
Keyword(s):  
Human Rights ◽  
Legal Theory ◽  
Children's Rights ◽  
Children’S Rights ◽  
International Human Rights ◽  
Islamic Legal Theory ◽  
International Human

scholarly journals Indonesian Marriage Law Reform: The Way To Strengthen The Protection of Children’s Rights Against Child Marriage

2018 ◽  
Vol 2 (1) ◽  
pp. 286 ◽  
Author(s):  
Zendy Wulan Ayu Widhi Prameswari ◽  
Erni Agustin
Keyword(s):  
Human Rights ◽  
Children's Rights ◽  
Children’S Rights ◽  
Child Marriage ◽  
Constitutional Court ◽  
Marriage Law ◽  
International Human Rights ◽  
Minimum Age ◽  
International Human ◽  
Keywords Child

The Act Number 1 Year 1974 on Marriage stipulates the minimum ages requirement to enter into a marriage, which are 19 years for men and 16 years for women. It is expected that at that ages, each party has a mature soul and physic to enter into a marriage life. However, it is possible for those who have not reached the age to enter into marriage if there is a dispensation granted by the courts or other official designated by the parents of each party in the marriage. In 2012, a judicial review was filed to the Constitutional Court against the provisions of the minimum age limit in the Act Number 1 Year 1974 on Marriage to raise the limit of minimum age for women from 16 to 18 years. However, the Constitutional Court considered the provisions is constitutional. Then in 2017, the same provision of Marriage Law is submitted for the second time by different applicant to be reviewed again by the Constitutional Court. On the other hand, Indonesia has participated in the formulation of a variety of international human rights instruments which have an impact on children, and is a party to a number of them, including the CRC and the CEDAW. This paper elaborates the stipulation on minimum age requirement to enter into marriage and the conformity of Indonesian Marriage Act  to the principles and provisions on the international human rights instruments.   Keywords: Child Marriage, Children’s Rights, Indonesian Marriage Law, Minimum Ages

scholarly journals PERSPEKTIF HUKUM DAN HAK ASASI MANUSIA TERHADAP ANAK YANG MENJADI KORBAN PERDAGANGAN MANUSIA

2020 ◽  
Vol 9 (2) ◽  
pp. 107
Author(s):  
Abu Hasin
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Criminal Law ◽  
Children's Rights ◽  
The State ◽  
Children’S Rights ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human

Perspektif yuridis terhadap anak yang menjadi korban kejahatan perdagangan manusia sudah banyak norma yuridis yang dibuat negara yang secara fundamental mengaturnya, bahwa tindak pidana atau kejahatan memperdagangkan anak sudah jelas-jelas sebagai perbuatan yang berbentuk melanggar norma hukum pidana.  Dalam perspektif hak asasi manusia (HAM) terhadap anak yang menjadi korban kejahatan perdagangan manusia adalah berkaitan dengan masalah hak-hak anak, baik yang diatur dalam instrumen HAM internasional seperti UDHR, Kovenan Hak Anak, hingga produk yuridis Indonesia.Kata kunci: anak, hak asasi manusia, hukum, korban Juridical perspective on children who are victims of human trafficking crimes has many juridical norms made by the state that fundamentally regulate them, that criminal acts or the crime of trafficking in children are clearly acts that violate criminal law norms. In the perspective of human rights (HAM) against children who are victims of human trafficking crimes is related to the issue of children's rights, both regulated in international human rights instruments such as the UDHR, the Covenant on Childrens Rights, to Indonesian juridical products.Keywords: children, human rights, law,

scholarly journals Utilising the International Human Rights Framework to Access the Benefits of Paediatric Research in The covid Era: A Wales Case Study

2021 ◽  
Vol 29 (2) ◽  
pp. 326-352
Author(s):  
Rhian Croke ◽  
Rhian Thomas Turner ◽  
Phillip Connor ◽  
Martin Edwards
Keyword(s):  
Human Rights ◽  
Health Professionals ◽  
Children's Rights ◽  
Children’S Rights ◽  
Paediatric Research ◽  
International Human Rights ◽  
Rights Of The Child ◽  
Human Rights Treaties ◽  
International Human

Abstract This article uses Wales as a case study to discuss the challenges to accessing the benefits of paediatric research before and during the covid-19 pandemic. Due to the rapidly changing political and legislative landscape, it is critical that health professionals working for the benefit of children can utilise international human rights treaties and the most relevant General Comments that offer a bridge between legalistic provisions and practice. Additionally, it is vital for health professionals to interpret and understand domestic children’s rights legislation, including tools for implementation for realising children’s rights. This article shares learning from the Children’s Hospital for Wales, Children and Young Adult Research Unit’s endeavour to challenge the Welsh Government to pay due regard to the rights of the child in ensuring children can access the benefits of paediatric research; including research concerning children’s role in infection and transmission, during the pandemic.

International Human Rights Law

2018 ◽  
Keyword(s):  
Human Rights ◽  
Children's Rights ◽  
Children’S Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Respective Field ◽  
Protection Of Human Rights ◽  
International Human ◽  
The Ideal

Written by leading experts in the field, International Human Rights Law explores the essentials of international human rights law, from foundational issues to substantive rights and systems of protection. It also addresses contemporary challenges, such as terrorism and poverty, ensuring students are aware of the current and future importance of these issues. A variety of perspectives bring this multifaceted and sometimes contentious subject to life, making the book the ideal companion for students and practitioners of human rights. Breadth and depth of coverage provide a thorough and complete guide for students of international human rights law. Each chapter is written by an expert in their respective field. The book includes useful features such as chapter summaries, charts, and suggestions for further reading. New to this third edition are chapters on children’s rights and the regional protection of human rights.

Using international human rights law to mobilize for children’s rights and reproductive rights in Ireland

2021 ◽  
pp. 131-182
Author(s):  
Gráinne de Búrca
Keyword(s):  
Human Rights ◽  
Reproductive Rights ◽  
Children's Rights ◽  
Children’S Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Rights Of The Child ◽  
International Human ◽  
The Government

This chapter uses the experimentalist framework to examine two processes of social change in Ireland in recent decades—children’s rights reform and reproductive rights reform—which included the engagement of domestic advocacy groups with international human rights law as a key element of those campaigns. In the case of child rights, a coalition of hitherto separate organizations and groups came together following Ireland’s ratification of the UN Convention on the Rights of the Child, and re-oriented their work and advocacy around the idea of children’s rights. By bringing issues before the Committee on the Rights of the Child, and requiring the government to engage repeatedly with the Committee and with the meaning and consequences in practice of the obligations taken on under the Convention, they injected fresh impetus into existing campaigns, opened a public conversation about children’s rights, and placed Ireland’s practices and attitudes towards children and the family in the context of international standards. In the case of abortion law reform which was a bitterly divisive and difficult issue in Ireland, domestic activists drew upon and engaged with a variety of international human rights institutions and laws over decades to keep pressure on the government and the state to introduce change, as well as to create public awareness of the suffering of specific women and to highlight existing and emerging international norms on reproductive rights. Both campaigns ultimately succeeded in pressing for the adoption of a range of important legislative and policy reforms.

Children’s rights and social policy

2020 ◽  
pp. 223-236
Author(s):  
Fiona Donson
Keyword(s):  
Human Rights ◽  
Social Policy ◽  
Social Economic ◽  
Children's Rights ◽  
Children’S Rights ◽  
International Human Rights ◽  
Rights Of The Child ◽  
International Human ◽  
Different Levels

This chapter critically assesses existing international human rights mechanisms and in particular the UN Convention on the Rights of the Child (CRC), in relation to the promotion of the rights and welfare of children. In doing so it examines such mechanisms in a world of social, economic, cultural, ideological and political diversity, different levels of ‘peace’, stability, governmental organisation and conflict, and changing contexts and circumstances. It reflects on the inability of some states (e.g. USA) to ratify the UN Convention, and on issues of enforceability and realisability in others which have. Finally, it discusses contemporary attempts by NGOs and other campaigning organisations to promote the recognition and realisation of universal rights for children.

scholarly journals O exercício progressivo dos direitos da criança: as premissas da corte interamericana de direitos humanos sob a perspectiva dos acordos argumentativos propostos por Perelman e Olbrechts-Tyteca | The progressive exercise of children's rights: the premises of the Inter-American Court of Human Rights from the perspective of the argumentative agreements proposed by Perelman and Olbrechts-Tyteca

2020 ◽  
Vol 11 ◽  
pp. e48101
Author(s):  
Sergio Daniel Ruiz Díaz Arce
Keyword(s):  
Human Rights ◽  
Classification Scheme ◽  
Children's Rights ◽  
Children’S Rights ◽  
Legal Argumentation ◽  
International Human Rights ◽  
American System ◽  
Progressive Exercise ◽  
Chaim Perelman ◽  
Para Determinar

O trabalho tem como objetivo identificar os acordos argumentativos utilizados pela Corte Interamericana de Direitos Humanos em suas decisões, para determinar o conteúdo e alcance do exercício progressivo de direitos por parte de crianças e adolescentes. Para isso, foram analisados três casos contenciosos deste tribunal, a partir de um esquema de classificação de premissas, conforme a proposta de Chaïm Perelman e Lucie Olbrechts-Tyteca. Nesse sentido, esta pesquisa procura mostrar a importância do Sistema Interamericano de Direitos Humanos na construção de premissas argumentativas e também para a garantia dos direitos consagrados nos instrumentos internacionais de direitos humanos.Palavras-chave: Direitos da criança; Corte Interamericana de Direitos Humanos; Argumentação jurídica. ABSTRACTThis article aims to identify the argumentative agreements used by the Inter-American Court of Human Rights in its decisions, to determine the content and scope of the progressive exercise of rights by children and adolescents. For this, three contentious cases of this court were analyzed, based on a classification scheme of premises, according to the proposal of Chaïm Perelman and Lucie Olbrechts-Tyteca. In this sense, this research seeks to show the importance of the Inter-American System of Human Rights in the construction of argumentative premises, in addition to guaranteeing the rights enshrined in international human rights instruments.Keywords: Children’s rights; Inter-American Court of Human Rights; Legal argumentation. Recebido em 31 jan. 2020 | Aceito em 19 jul. 2020

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