Open Access: National self-image as an obstacle to ensuring children’s rights in the context of domestic violence and family law – the case of Sweden

2020 ◽  
pp. 26-40
Author(s):  
Linnéa Bruno
Author(s):  
Wouter Vandenhole ◽  
Gamze Erdem Türkelli

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.


AL-HUKAMA ◽  
2018 ◽  
Vol 8 (2) ◽  
pp. 430-455
Author(s):  
Nur Ahmad Yasin

The digital age is an era where technology and information can be accessed by anyone, anywhere and under any conditions, so that it can have a positive and negative impact on parents’ responsibilities to children and child development. This article is the result of a bibliographical study on parents’ responsibilities to children in the digital age under the perspective of Islamic family law in Indonesia. Data are collected using documentation techniques and analyzed using descriptive methods with deductive mindset. Based on this study, parents are responsible for being more selective in nurturing, educating, and protecting children in today’s digital era. They are also asked to understand information technology and systems. Parents must be able to actualize children’s rights, including: maintenance of honor (?if? al-'ir?), maintenance of religious rights (?if? al-d?n), maintenance of the soul (?if? al-nafs), maintenance of reason (?if? al -'aql) and maintenance of property (?if? al-m?l).


2009 ◽  
Vol 17 (4) ◽  
pp. 561-583
Author(s):  
Dubravka Hrabar

AbstractSince 1998 children's rights are part of the Croatian legal system, due to the ratification of the UN Convention on the Rights of the Child and their incorporation into family law. Changes to family law that have been made since then deal with the modernization of the legal parent-child relation that aims at mutual parental responsibility and separate children's rights. The crucial point in considering the child's legal and social position is his/her welfare as mentioned clearly in the Family Act. Considering the fact that the family is the natural and most desirable environment for a child, it may be stated that family law is the most important field that embraces the many different needs and rights of all children.


2016 ◽  
pp. 263-273
Author(s):  
Piotr Kroczek

In its ruling on the divorce, the court rules on joint parental author­ity over a minor child of both spouses. Under the current legal regime, it has become a common practice, that the court delegates the exercise of paren­tal authority to one of the parents, lim­iting the parental authority of the sec­ond parent to specific rights and duties in relation to the child. The proposed amendment to the Act of 25th February 1964 – the Family and Guardianship Code (form 3104) was drafted by the Codification Committee of Family Law that cooperates with the Commissioner for Children’s Rights. The new law intro­duces, co called, an “alternate custody”. The solution is to limit the transgression of the child’s right to be brought up by both parents. The aim of the paper is to evaluate the bill in question.


Sign in / Sign up

Export Citation Format

Share Document