scholarly journals Pravo osoba u potrebi za međunarodnom zaštitom na jedinstvo porodice - neujednačen pristup Evropskog suda za ljudska prava

Eudaimonia ◽  
2021 ◽  
pp. 117-141
Author(s):  
Ljubomir Tintor
Keyword(s):  
International Treaties ◽  
Best Interest ◽  
International Protection ◽  
Family Ties ◽  
Parents And Children ◽  
European Court ◽  
The Family ◽  
The Right ◽  
The Relationship ◽  
Family Unity

The situation of persons in need of international protection often leads to separation of their families for various reasons. The issue of unity of the family of persons in need of international protection was also considered by the European Court of Human Rights. This paper analyzes the inconsistency and unequal approach of the ECtHR in this matter. The paper analyzes how the most important international treaties regulate the right to family unity. Through selected cases in which the ECtHR ruled on the reunification of parents and children and their right to family unity, it will be seen how the ECtHR has inconsistently applied the principle of the best interest of the child. The analysis will point to a non-unified approach of the ECtHR to factors such as the child’s age, strength of the relationship with the country of origin and the receiving country, the strength of family ties between parents and children, when making decisions about family reunification.

Child Custody in Jewish Law: From Authority of the Father to the Best Interest of the Child

2008 ◽  
Vol 24 (1) ◽  
pp. 89-122
Author(s):  
Yehiel S. Kaplan
Keyword(s):  
Child Custody ◽  
Jewish Law ◽  
Best Interest ◽  
Stage Of Development ◽  
Parents And Children ◽  
Custody Of Children ◽  
The Family ◽  
Dominant Tendency ◽  
The Relationship ◽  
Explicit Rule

The understanding of Jewish law of the legal rationale of the relationship between parent and child developed gradually. In the first stage, in ancient Jewish law, the dominant tendency was to affirm the authority of the Jewish father over the members of his family. During this period, the idea that parents have a natural responsibility to love their children, care for them and provide for their welfare was less transparent. The main purpose of the rules concerning the relationship between parents and children at this stage was the assertion of the rights and needs of the father of the family.1 Consequently, some of the regulations of ancient Jewish law regarding the relationship between parents and children were not necessarily focused on the best interest of the child and the ideological basis for the legal policy in the sphere of custody in the ancient period was somewhat vague.By contrast, during the second, medieval stage of development of Jewish law on the relationship between parents and children, the ancient supreme principle, of the father's authority over members of his family in all spheres including the sphere of custody of children, was largely replaced by an explicit rule in Jewish law: the best interest of the child is a paramount consideration. Indeed, we could say that the explicit implementation of the principle of best interest of the child in Jewish custody cases is a medieval invention, introduced by Jewish scholars at this period in their child custody verdicts. By contrast to the ancient period, the rules of custody, which had become fully defined at this stage, utilizing this principle, usually favored the mother.

Right to Parental Care

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Law Reform ◽  
Best Interest ◽  
Family Courts ◽  
Custody Of Children ◽  
The Family ◽  
Shared Parenting ◽  
The Right ◽  
A Minor ◽  
And Control ◽  
Physical Care

Custody refers to the physical care and control of a minor whereas guardianship is a wider term and includes rights and duties with respect to the care and control of minor’s person and property, and includes the right to make decisions relating to the minor. The present legal regime relating to guardianship and custody of children is discussed, including the Guardians and Wards Act, 1890, the Hindu Minority and Guardianship Act, 1956, the personal and matrimonial laws, and relevant provisions in the Family Courts Act and Protection of Women against Domestic Violence Act, 2005. The emerging concepts of shared parenting, joint custody, and the interparental child removal or abduction of child is included. There is review and analysis of some major reported judicial decisions. A comparative survey of international laws and trends has been done. Suggestions for law reform in the best interest of the child have been given.

scholarly journals Family Life for Children in State Care

2020 ◽  
Vol 28 (4) ◽  
pp. 715-747
Author(s):  
Clarie Breen ◽  
Jenny Krutzinna ◽  
Katre Luhamaa ◽  
Marit Skivenes
Keyword(s):  
Family Life ◽  
Foster Parents ◽  
Limited Extent ◽  
Best Interest ◽  
Family Unit ◽  
Theoretical Literature ◽  
Biological Parents ◽  
The Family ◽  
The Status ◽  
The Right

Abstract This paper examines what set of familial circumstances allow for the justifiable interference with the right to respect for family life under Article 8, echr. We analyse all the Courts’ judgments on adoptions from care to find out what the Court means by a “family unit” and the “child´s best interest”. Our analysis show that the status and respect of the child’s de facto family life is changing. This resonates with a view that children do not only have formal rights, but that they are recognised as individuals within the family unit that states and courts must address directly. Family is both biological parents and child relationships, as well between children and foster parents, and to a more limited extent between siblings themselves. The Court’s understanding of family is in line with the theoretical literature, wherein the concept of family reflects the bonds created by personal, caring relationships and activities.

scholarly journals Akibat Hukum dalam Pewarisan dari Pelaksanaan Pengangkatan Anak oleh Orang Tua Tunggal

2020 ◽  
Vol 1 (2) ◽  
pp. 181-185
Author(s):  
Condro Putri Dewi Hartaka
Keyword(s):  
Foster Parents ◽  
Birth Certificate ◽  
Single Parents ◽  
Foster Child ◽  
Whole Person ◽  
The Family ◽  
The Right ◽  
To Receive ◽  
The Relationship ◽  
General Adoption

The child is the mandate of the Grace Of God Almighty, and inside there is something that is attached as the dignity and status as a whole person. Along with the time on it right now is the mindset of society as it advances and growing, such as the parents who are unable to finance the future of the child and that’s why the purpose of adoption the child is not only to get the child but also for the welfare of children. And in Indonesia allow the implementation of the adoption by single parents, a woman or a man who is not married and who have been married but no longer bound in wedlock (widow or widower). Adoption of the child by single parents can only be done by the Citizens Of Indonesia after obtaining permission from ministers and the granting of permission can be ordered to agencies in the province. Adoption by single parents same thing with the adoption of children by parents in general. Adoption does not cause the relationship between children with real parents to be disconected, because most of the child who is in was from the family. Adoption of the child must be listed in a birth certificate, by not eliminate the identity of the beginning. Foster child are entitled to receive heir from the foster parents and also have the right heir from the real parents.

scholarly journals Perkawinan Beda Agama Dalam Undang-Undang Nomor 23 Tahun 2006 Tentang Administrasi Kependudukan (Tinjauan Hukum Islam)

2020 ◽  
Vol 20 (2) ◽  
pp. 138
Author(s):  
Fakhrurrazi M.Yunus ◽  
Zahratul Aini
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
The Family ◽  
The Law ◽  
Negative Impacts ◽  
The Right ◽  
The Impact ◽  
The Relationship

Abstrak: Dalam Undang-Undang Nomor 23 Tahun 2006 tentang Administrasi Kependudukan adanya Pasal yang mengatur tentang perkawinan beda agama, dalam Pasal 35 huruf (a) yang menyatakan bahwa perkawinan yang ditetapkan oleh pengadilan. Namun dalam Undang-Undang tersebut tidak diatur secara jelas, sehingga memberi peluang timbulnya dampak negatif. Namun yang diakui di Indonesia jika pasangan suami istri yang berbeda agama harus memeluk agama yang sama di salah satu pasangan dengan maksud mereka harus pindah agama baik memeluk agama istri maupun suami. Dengan adanya berbagai kemudharatan yang timbul, maka hal itu tidak sesuai dengan hukum Islam. Oleh karena itu, penulis ingin mengetahui dampak perkawinan beda agama yang diatur dalam Undang-Undang Nomor 23 Tahun 2006 tentang administrasi  kependudukan dan tinjuan hukum Islam terhadap perkawinan beda agama dalam Undang-Undang Nomor 23 tahun 2006. Dalam penelitian ini, metode penelitian yang digunakan adalah Kualitatif. Berdasarkan dari hasil penelitian, dampak dari perkawinan beda agama yaitu dampak terhadap rumah tangga yang tidak harmonis menimbulkan kegelisahan, dan sulitnya berkomunikasi. Dampak terhadap anak yang membuat hubungan antara keluarga yaitu anak dan orang tua menjadi kacau dan tidak utuh karena mengetahui kedua orang tuanya berbeda keyakinan. Dampak terhadap harta warisan yang mengakibatkan anak yang lahir dari perkawinan beda agama tidak mempunyai hak untuk mendapatkan harta warisan apabila tidak seagama dengan pewaris yang dalam hal ini pewaris beragama Islam. Adapun tinjauan hukum Islam menyatakan bahwa perkawinan beda agama itu tidak sah, karena menurut fatwa MUI Nomor:4/MUNASVII/MUI/8/2005 menetapkan bahwa nikah beda agama hukumnya haram yang diperkuat dengan firmannya dalam surat al-mumtahanah ayat 10 dan al-baqarah ayat 221.Abstract: in Law No. 23 of 2006 on the administration of the population of the article governing the marriage of different religions, in article 35 letter (a) stating that the marriage is established by the court. But the law is not regulated, so it allows causing negative impacts. But it is recognized in Indonesia if different couples of religion must embrace the same religion in one partner with the intention they have to move religion both embrace the religion of the wife and husband. With the various blessings that arise, it is not under Islamic law. Therefore, the author wants to know the impact of the marriage of different religions organized in law Number 23 the year 2006 about the administration of population and the Islamic law to the marriage of different religions in the law Number 23 the year 2006. In this study, the research method used was qualitative. Based on the results of the study, the impact of the marriage of different religions is the impact on the unharmonious households raises anxiety, and difficulty communicating. The impact on the child who makes the relationship between the family is the child and the parent becomes chaotic and not intact because knowing both parents are different beliefs. The impact on the inheritance that resulted in children born from the marriage of different religions does not have the right to obtain inheritance if not as religious as the heir, in this case, Muslim heirs. The review of Islamic law states that the marriage of different religions is not valid, because according to fatwa MUI number: 4/MUNASVII/MUI/8/2005 stipulates that the marriage of different religious religion is haram strengthened by his word in Sura al-Mumtahanah verse 10 and al-Baqarah verses 221.

P–353 When Parents and Minor Children Disagree about Fertility Preservation: A Scoping Review and Ethical Analysis

2021 ◽  
Vol 36 (Supplement_1) ◽  
Author(s):  
M Bayefsky ◽  
V Dorice ◽  
A Caplan ◽  
G Quinn
Keyword(s):  
Decision Making ◽  
Scoping Review ◽  
Ethical Analysis ◽  
Ethical Framework ◽  
Open Future ◽  
Best Interest ◽  
Parents And Children ◽  
Parental Autonomy ◽  
The Right ◽  
Parent Child

Abstract Study question Periodically, parents and children disagree about whether to pursue fertility preservation (FP). How should medical teams navigate these ethically complex situations? Summary answer Several considerations must be weighed, including the minor’s age, the burden of the proposed procedure, and whether the minor or parent seeks to decline FP. What is known already As reproductive technology advances, FP prior to gonadotoxic therapy has become the standard of care. Periodically, parents and children disagree about whether to pursue FP. To date, there is no clear guidance on how to navigate these difficult situations. Prior studies have demonstrated that adolescents undergoing gonadotoxic therapy want their views regarding FP to be taken into account, and also that most children and adolescents are comfortable with parental involvement in decision-making. However, transgender adolescents pursue FP at lower rates than adolescents with cancer, and more research is required to elucidate the unique needs and barriers of transgender youth. Study design, size, duration This study involves a scoping review and ethical analysis about parent-child disagreement regarding FP in minors. The review analyzes papers that either demonstrate that parent-child disagreement occurs, describe the preferences of parents or children regarding decision-making around FP, or provide recommendations that can be used to resolve parent-child conflicts. The ethical analysis weighs relevant rights and interests, including the child’s best interest, the right to an open future, the child’s autonomy, and parental autonomy. Participants/materials, setting, methods A search string was developed to identify all relevant published manuscripts on the topic of FP in minors, including studies on decision-making, family relations and ethical challenges. The search was run through several databases, abstracts were screened using Covidence, and data were extracted from full texts. Data abstracted from the review and existing literature on general medical decision-making for minors were used to construct an ethical framework for parent-child disagreements regarding FP in minors. Main results and the role of chance Published work directly on the topic of parent-child disputes regarding FP is limited, however a number of studies tangentially discuss parent-child disagreements and provide insight into the desires of parents and children regarding decision-making around FP. Studies suggest that adolescents desire to have their views taken into account, and a minority of adolescents believe their wishes alone should be followed. The age of the minor is a crucial factor, and some propose that as adolescents approach adulthood, their autonomy should increase. At the same time, in practice, legal and financial constraints often render parents the ultimate decision-makers. Our ethical analysis weighs competing considerations, including the child’s best interest, the right to an open future, the child’s autonomy, and parental autonomy. It concludes that who prevails should depend on contextual factors, including the minor’s age, the burden of the proposed procedure, and whether the minor or parent seeks to decline FP. There may also be special considerations for transgender adolescents, some of whom might have deeply personal reasons for pursuing or forgoing FP that are not well-understood by cisgender parents. Limitations, reasons for caution The scoping review captured a variety of results, including survey and interview studies, society guidelines, and ethical analyses. As such, we were unable to define a uniform quality metric. However, we aimed to be more rather than less inclusive because of the limited results directly pertaining to parent-child disagreements. Wider implications of the findings: This study provides a robust review of decision-making for FP in minors and offers an ethical framework for weighing countervailing considerations when parents and children disagree about whether to pursue FP. The conclusions can be used to inform guidance for clinicians presented with this challenging ethical dilemma. Trial registration number N/A

THE RIGHT TO AN INTIMATE, FAMILY AND PRIVATE LIFE IN THE JURISPRUDENCE OF THE EUROPEAN COURT ON HUMAN RIGHTS

2021 ◽  
pp. 142-151
Author(s):  
Iulia Butnaru ◽  
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Private Life ◽  
Psychological Traits ◽  
European Court ◽  
The Family ◽  
Legitimate Interests ◽  
The Right

Privacy often conflict with other rights and legitimate interests, at which is the question of establishing its boundaries. Obviously there are no clear limits beyond which an infringement must be regarded as permissible. Private life is a concept with an extensive interpretation, which includes different spheres of the person’s life, as demonstrated by the jurisprudence of the European Court of Human Rights. What is certain is that each person has their own opinion about the extent of privacy and this impression depends on the psychological traits of the person concerned, but also on the traditions and customs that exist in a society at a certain historical stage. The utility of the case law of the European Court of Human Rights in the protection of private life and the family is that it provides precise criteria to be applied by judges to determine whether the complaint submitted under Article 8 of the Convention European Human Rights is one valid.

The Emotional Style of the Modern Parent in the Conditions of the COVID-19 Pandemic

2020 ◽  
Vol 8 (4) ◽  
pp. 32-39
Author(s):  
Veneta Uzunova
Keyword(s):  
Emotional Intelligence ◽  
State Of Emergency ◽  
University Of Wisconsin ◽  
Parents And Children ◽  
The Family ◽  
The Individual ◽  
Emotional Style ◽  
The University ◽  
The Relationship ◽  
Basic Prerequisite

In a pandemic, the child-parent relationship is facing new challenges. Social isolation affects people differently, but a sustainable internal psychological resource allows the individual to get out of the critical period with as little damage as possible. Healthy emotionality is a basic prerequisite for the formation and development of emotional intelligence. The identification of the emotion, the control over the impulse and its expression in a socially acceptable way by the parent - all this is inextricably linked with the process of upbringing in the family and marks the nature of the relationship between parents and children. The study focuses on the study of the emotional style of the modern parent in the context of his interaction with the children in the family. The emotional style questionnaire used by a team from the University of Wisconsin-Madison was used. The survey was conducted among parents of children and students from 3 to 18 years. Conclusions were made regarding the specifics of the emotional style of the parents in the context of the established state of emergency and in connection with pedagogical activities aimed at creating conditions for increasing the emotional intelligence of the respondents with the support of the school.

Family Matters: European Court of Human Rights Finds German Parenting Rights Decisions to be in Violation of Article 8 of the Convention

2002 ◽  
Vol 3 (4) ◽  
Author(s):  
Cristina Hoss
Keyword(s):  
Human Rights ◽  
Family Life ◽  
European Convention ◽  
Fourth Section ◽  
Natural Family ◽  
Parents And Children ◽  
European Court ◽  
The Right

The fourth section of the, European Court of Human Rights (ECHR) in Strasbourg, in a judgment from 26 February 2002, held that the German authorities, in a case involving the revocation of parenting rights, violated Article 8 of the European Convention on Human Rights. The circumstances of the case are compelling: the painful separation of parents and children ordered by the German authorities in the interests of the children, followed by several years of hard-fought litigation as the parents struggled to reestablish their parenting rights over their children and to restore their natural family. The Court concluded that the interference in the right of private and family life was not proportionate to the legitimate aim pursued by the German authorities.

Part III, 7 Families, Parents and Children

2013 ◽  
Author(s):  
Ahdar Rex ◽  
Leigh Ian
Keyword(s):  
Corporal Punishment ◽  
Religious Freedom ◽  
Religious Liberty ◽  
Successful Transmission ◽  
Parents And Children ◽  
The Family ◽  
The Right ◽  
Family Autonomy ◽  
Religious Claim

This chapter examines religious freedom issues that concern the family and parents. There can be no doubt that religiously devout parents are vitally interested in the successful transmission of their faith to their offspring. This is one of the prime incidents of religious liberty. One US judge ventured that ‘no aspect of religious freedom is more treasured than the right of parents to teach children to worship God’. The chapter is organized as follows. Section II outlines the current law governing family autonomy and the religious upbringing of children. Section III contrasts liberal and religious conceptions of the family and childrearing. Section IV explores three controversial topics. First, does a maturing child have an independent right of religious liberty? If not, should she? Second, what is the scope of religious childrearing in the fractured family? Do divorced or separated parents have attenuated rights compared to those parents who are still together? Third, do devout parents have any special religious claim to administer corporal punishment to their children amidst the growing international call for the abolition of the parental right of reasonable chastisement?

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