scholarly journals THE RIGHT EDUCATION IN THE BEST INTERESTS OF THE CHILD

2022 ◽  
pp. 114-117
Author(s):  
V. Dorina
Keyword(s):  
Social Status ◽  
Gender Inequality ◽  
Ethnic Origin ◽  
Best Interests ◽  
Educational Services ◽  
Best Interest ◽  
Right To Education ◽  
Rights Of The Child ◽  
The Right

The article is devoted to ensuring the best interest of the child and his right to education. Attention is paid to the problems associated with the implementation of this right by various groups of children, depending on their social status and ethnic origin. The author draws attention to the implementation of the law under study in the context of the COVID-19 pandemic, which has exacerbated the problems of gender inequality, the quality of educational services, as well as access to them. The need for certain actions on the part of the state is indicated, in particular, making changes to the curricula to bring them in line with the recommendations of the UN Committee on the Rights of the Child in order to realize the right to education of the child from the standpoint of ensuring the best interest.

scholarly journals The Realization of the Right to Education in Slovenia

Šolsko polje ◽  
2020 ◽  
Vol XXXI (3-4) ◽  
pp. 63-79
Author(s):  
Marjan Šimenc ◽  
Zdenko Kodelja
Keyword(s):  
Private Education ◽  
Private Schools ◽  
Right To Education ◽  
General Overview ◽  
Rights Of The Child ◽  
The Republic ◽  
The Right

The article presents the realization of the right to education, as set out in the Convention on the Rights of the Child, in the Republic of Slovenia. At the outset, attention is drawn to the special status of the right to education, which is not only the right of children, but also adults. Moreover, the right to education is closely linked to the realization of all other rights. This article presents a general overview of the implementation of rights according to Articles 28 and 29 of the Convention. Then it outlines the problems with the implementation of the Convention in selected areas. The main points are related to the education of Roma children, the quality of knowledge, private education. The complexity of the problem of the realization of the rights of Romani children to education has been repeatedly pointed out in international RS reports on the implementation of the Convention. It is not so obvious, however, that the quality of the knowledge received by students in schools is also an aspect that should be considered from the perspective of the Convention. This article analyses the regulation of private schools: this is the area of education in Slovenia where the biggest normative and factual change has occurred in the period after the adoption of the Convention on the Rights of the Child. The analysis shows that the arrangement is such that it satisfies the requirements set forth in the Convention.

scholarly journals El derecho del menor extranjero a ser escuchado y su interés superior en los procedimientos de repatriación | The Right of foreign child to be heard and the best interests of the child in the return process

2018 ◽  
pp. 1
Author(s):  
Elena Arce Jiménez
Keyword(s):  
Legal System ◽  
Migrant Children ◽  
Best Interests ◽  
Best Interest ◽  
Effective Implementation ◽  
Rights Of The Child ◽  
The Right ◽  
Return Process ◽  
Children Rights

Resumen: Las dificultades para ser escuchado del menor extranjero en cualquier procedimiento que le afecte ponen de relieve las deficiencias generales existentes en nuestro ordenamiento jurídico para hacer efectivos los derechos de los que son titulares las personas menores de edad, sean extranjeras o no. Se analiza en primer lugar el artículo 12 de la Convención de los Derechos del niño, las condiciones imprescindibles para para hacer efectivo el derecho a ser escuchado y la conexión que existe entre ese derecho y la consideración primordial de su interés superior. A continuación se hace un repaso de la regulación española de los procedimientos de repatriación de menores extranjeros no acompañados a la luz del interés superior del menor y su derecho a ser escuchado. Abstract: The current challenges that migrant children face to have their right to be heard fulfilled and respected, put in evidence the general deficiencies of our legal system ensuring  the effective enjoyment of children rights, irrespective if the children in question are migrant or not. At the outset, article12 of the Convention on the Rights of the Child and its content is analysed, including the essential requirements for an effective implementation and enjoyment of the right to be heard and its linkages with the best interest of the child as the primary consideration. An analysis of the Spanish regulations under the return procedures for unaccompanied foreignchildren is also provided in light of the respect of the best interests of the child and their right to be heard.

scholarly journals The Right of child offenders to intermediary assistance in the criminal justice system: A South African perspective

2021 ◽  
Vol 24 ◽  
pp. 1-34
Author(s):  
Mildred Bekink
Keyword(s):  
Criminal Procedure ◽  
Best Interests ◽  
Criminal Proceedings ◽  
Best Interest ◽  
System A ◽  
Rights Of The Child ◽  
African Perspective ◽  
The Republic ◽  
The Right ◽  
International Instruments

The right of a child offender to participate effectively in criminal proceedings is a fundamental aspects of a right to a fair trial and is guaranteed in the Constitution of the Republic of South Africa, 1996 as well as in international instruments, including the United Nations Convention on the Rights of the Child. An arguments is made that ensuring that this right is fully realised at domestic level, allowances should be made for child offenders to be included in the provisions of section170A of the Criminal Procedure Act 51 of 1977. Section 170A makes allowances for the use of an intermediary by witnesses and victims when presenting testimony in criminal proceedings. It is argued that the best interest of the child principles as well as other rights such as the right to dignity and equality enshrined in the Constitution and guaranteed in international instruments warrants the inclusion of child offenders in the enabling legislation. An interpretation and implementation of Section 170A of the Criminal Procedure Act in line with the Constitution and international instruments that gives recognition to the child offender’s vulnerability and enforces the best interests of the child offender is accordingly advocated

scholarly journals The Islamic Republic of Iran and children’s right to education: acceptability & adaptability

2021 ◽  
Vol 4 (2) ◽  
pp. 26-48
Author(s):  
Shabnam Moinipour
Keyword(s):  
Human Rights ◽  
Best Interests ◽  
Islamic Republic ◽  
Right To Education ◽  
Cultural Rights ◽  
Educational Rights ◽  
Rights Of The Child ◽  
Islamic Republic Of Iran ◽  
The Right ◽  
Human Rights Standards

Iran, as a United Nations member state, has made moral and legal commitments to conform to international human rights standards, including the 1966 International Covenant on Economic, Social and Cultural Rights (ICESCR) and the 1989 Convention on the Rights of the Child (CRC), which address the right to education. This article reviews Iran’s commitments to children’s educational rights, drawing on the 4-A scheme developed by the former Special Rapporteur of the UN High Commission for Human Rights on Education, Katarina Tomaševski, whereby education should be available, accessible, acceptable, and adaptable. It examines the State’s obligation to ensure education is acceptable and adaptable. It identifies a number of legal and political reasons why children are unable to claim their educational rights. It calls for substantial educational and societal reform and the prioritisation of the child’s best interests, over those of the State.

scholarly journals The Role of Open and Distance Learning in the Implementation of the Right to Education in Zambia

2008 ◽  
Vol 9 (1) ◽  
Author(s):  
Richard Siaciwena ◽  
Foster Lubinda
Keyword(s):  
Human Rights ◽  
Distance Learning ◽  
Right To Education ◽  
Youth Policy ◽  
Child Rights ◽  
Rights Of The Child ◽  
Child Policy ◽  
Open And Distance Learning ◽  
The Right

As a member of the United Nations, Zambia is committed to the observance of human rights enshrined in the Universal Declaration of Human Rights of 1948. This is evidenced, among others, by the fact that Zambia is a signatory to the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. Zambia has a permanent Human Rights Commission that includes a subcommittee on child rights whose focus is on child abuse and education. Zambia also has a National Child Policy and National Youth Policy whose main objectives are to holistically address problems affecting children and youth. This paper focuses on the progress and challenges currently facing Zambia and the role of open and distance learning in addressing those challenges.

scholarly journals Access and the non-custodial parent in the Republic of Ireland

2020 ◽  
Vol 62 (2) ◽  
pp. 199-215
Author(s):  
Anne Egan
Keyword(s):  
Best Interests ◽  
Family Court ◽  
Rights Of The Child ◽  
Parents And Children ◽  
Custodial Parent ◽  
Bona Fide ◽  
United Nations Convention ◽  
The Republic ◽  
Custodial Parents ◽  
The Right

Maintaining a relationship between parents and children following the breakdown of a marriage or relationship can be fraught with difficulties, particularly where acrimony exists between parents. This article explores the right of a non-custodial parent to have access to their child under Irish law and discusses the results of an interview-based study undertaken by the author using qualitative research methods. The interviewees in the study included practitioners as well as separated, divorced and unmarried fathers and mothers who outlined their views on access and the study found that the majority of non-custodial parents had some level of access to their child. The article further outlines the author’s experience of successfully applying to attend family court as a bona fide researcher and discusses some of the results of observations in those courts which reinforced the results of the interview-based study. Article 9(3) of the United Nations Convention on the Rights of the Child (CRC) states that in the event of separation of parents, it is the right of the child to maintain personal relations and contact with both parents. Article 7(1) of the Convention further supports the right of a child to be cared for by his or her parents. These articles have proved useful for fathers’ rights campaigners who advocate that they should have more contact with their children post-separation. The Convention, however, while ratified by Ireland, has not yet been incorporated into Irish law. The article concludes by examining whether the incorporation of the Convention would advance the rights of Irish children to maintain a relationship with their parents, unless such a relationship would be contrary to the children’s best interests. In light of this, this article examines the proposed wording of the Constitutional Referendum on Children which was published in early 2010 and assesses what impact the passing of such a referendum would have on children’s rights in Ireland.

scholarly journals PEMENUHAN HAK PENDIDIKAN ANAK DIDIK PEMASYARAKATAN DI LEMBAGA PEMASYARAKATAN ANAK

2012 ◽  
Vol 8 (15) ◽  
Author(s):  
Tatik Mei Widari
Keyword(s):  
Personal Development ◽  
Early Adulthood ◽  
Development Cooperation ◽  
Correctional Institution ◽  
Right To Education ◽  
Rights Of The Child ◽  
Quality Program ◽  
Definition Of ◽  
The Right ◽  
Children Education

AbstractViolation much going against the rights of children, government attention is needed in the fulfillment of Human Rights on the right to education of children in Child Penitentiary. Embodiment of the fulfillment of the right to education in Child Correctional Institution is required to support the empowerment of human resources in the future as a pillar of development and life. Article 9 paragraph (1) of Act No. 23 of 2002 states that every child has the right to obtain education and teaching in the context of personal development and level of intelligence in accordance with their interests and talents. This is one of the fundamental importance of education of children in prisons who should still be considered by all parties, both government and society itself. The substance which covers the definition of child described in various laws and regulations vary nationally and internationally by the Convention on Rights of the Child among others, every human being under the age of 18 years unless another set that applies to children determined that early adulthood is achieved. Constraints faced in fulfilling Correctional Institution Children Educate Children education Correctional rights, namely the substance of the Act, the interests and obligations related institutions, students in prisons that are not motivated, infrastructure (facilities construction), Lecturer and staff, quality program development, cooperation and coordination, funding, child welfare and community. Keywrods : student in prisont, education right

Art.7 Children with Disabilities

2018 ◽  
Author(s):  
Bantekas Ilias
Keyword(s):  
United Nations ◽  
Children With Disabilities ◽  
Best Interests ◽  
Right To Life ◽  
Persons With Disabilities ◽  
Rights Of The Child ◽  
General Welfare ◽  
Survival And Development ◽  
United Nations Convention ◽  
The Right

This chapter examines Article 7 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The first instrument to specifically address the rights of children with disabilities was the 1989 Convention on the Rights of the Child (CRC).The CRC recognizes four key guiding principles that permeate our understanding and construction of all pertinent rights related to children. These principles are: a) the best interests of the child (Article 3 CRC); b) respect for the views of the child (Article 12 CRC); c) the right to life, survival, and development (Article 6 CRC); and d) non-discrimination (Article 2 CRC). The CRC was also the first instrument specifically to address the rights of children with disabilities, particularly in Article 2(1) (non-discrimination) and Article 23 (general welfare for disabled children). However, Article 7 CRPD and other children-related rights in the CRPD (eg Article 23) constitute a significant improvement to Article 23 CRC.

scholarly journals Mothers and others: Transgender birth, birth registration and the rights of the child, with a focus on the United Kingdom and South Africa

2020 ◽  
Vol 20 (4) ◽  
pp. 203-223
Author(s):  
Julia SlothNielsen ◽  
Rachel SlothNielsen
Keyword(s):  
South Africa ◽  
United Kingdom ◽  
Gender Identity ◽  
Birth Certificate ◽  
Best Interests ◽  
Birth Registration ◽  
The United Kingdom ◽  
Rights Of The Child ◽  
Legal Situation ◽  
The Right

The review concerns the position of the identification as ‘mother’ or ‘father’ of trans persons who give birth. This matter has occupied courts in the United Kingdom, Germany, Brazil and Sweden recently, and could well arise in South Africa, our country of origin. The first part of the discussion relates to a claim of a trans man who gave birth to be registered as the father of the child. The legal situation in South Africa and the United Kingdom is compared, and particular focus is placed on the meaning of ‘mother’. A second issue for discussion relates to the right of the child born to a trans person to birth registration, notably, what the child’s interests are in relation to his or her parent’s identification details on his or her birth certificate. We conclude that the gender identity of the trans parent must be the primary factor determining his or her registration as a parent on the birth certificate, and that this solution also better serves the child’s best interests.

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.

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