scholarly journals CRITICAL REMARKS REGARDING THE EXCLUSION OF SEIZURE OF A CONVICTION PURSUANT TO ART. 106A OF THE PENAL CODE GLOSS TO THE JUDGMENT OF THE CONSTITUTIONAL TRIBUNAL OF DECEMBER 16, 2020 IN THE CASE SK 26/16

Probacja ◽  
2021 ◽  
Vol 1 ◽  
pp. 99-116
Author(s):  
Anna Dziergawka
Keyword(s):  
Legal System ◽  
Children's Rights ◽  
Penal Code ◽  
Children’S Rights ◽  
The Political ◽  
Case File ◽  
Constitutional Tribunal ◽  
The Republic ◽  
Principle Of Proportionality

By the judgment of December 16, 2020 in the case file ref. act SK 26/16 The Constitutional Tribunal ruled on the compliance of Art. 106a of the Penal Code with the Constitution of the Republic of Poland. At the same time, the adjudication panel noticed the shortcomings of Art. 106a of the Penal Code and addressed the Sejm with a signal that it was necessary to consider an appropriate modification of the aforementioned provision. The author analyzes the issued judgment and the content of the provision under evaluation, placing particular emphasis on the inconsistency of the legal system and the effects of stigmatizing the perpetrator and obstacles to his rehabilitation. The postulate that the political and criminal goals related to the protection of children’s rights should be achieved by other means, while observing the principle of proportionality and individualisation of the consequences of a conviction.

18 Art. 20 GG: Preface

2019 ◽  
Author(s):  
Bumke Christian ◽  
Voßkuhle Andreas
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
German State ◽  
The Rule Of Law ◽  
Structural Principles ◽  
The Republic ◽  
Principle Of Proportionality

This chapter provides an overview of three of the central structural principles of the German state and legal system that are found in Art. 20 of the Grundgesetz (GG): the republic principle, the democracy principle, and the federalism principle. Also included in this group of general principles is the rule of law principle, which is implicitly contained in Art. 20 para. 3 GG. The structural principles and state goals articulated in Art. 20 GG serve three primary functions: first, as foundational norms which serve as a catch-all standard for evaluating subjects not specifically regulated by GG; second, as interpretive guidelines for other provisions of GG and for the application of (statutory) laws; and third, as classification categories to which sub-principles are assigned, including the principle of proportionality. These structural principles and state goals are often in tension; a means of reconciling them is by using the concept of practical concordance.

Governing vulnerabilised migrant childhoods through children’s rights

Childhood ◽  
2019 ◽  
Vol 26 (3) ◽  
pp. 337-351 ◽  
Author(s):  
Jacob Lind
Keyword(s):  
Children's Rights ◽  
Children’S Rights ◽  
The Political ◽  
Political Processes ◽  
Migrant Families

This article analyses four different contexts in Sweden where children’s rights have been mobilised to govern vulnerabilised migrant childhoods. The concept of ‘vulnerabilisation’ is suggested to capture the political processes creating the conditions for defining and attributing vulnerability. To enable children’s rights to be a productive tool for challenging the repressive governing of migrant families and children, the article argues for the need of a problematisation and contextualisation of both the children’s rights paradigm and the vulnerabilisation of migrant childhoods.

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 Promoting Human Rights through Philosophy with Children

2016 ◽  
Vol 24 (3) ◽  
pp. 499-521 ◽  
Author(s):  
Claire Cassidy
Keyword(s):  
Human Rights ◽  
Community Engagement ◽  
Citizenship Education ◽  
Children's Rights ◽  
Children’S Rights ◽  
The Political ◽  
Political World

Whilst much has been written about children’s rights and children’s human rights, little appears to have been said about the place children have in the promotion of human rights. This article considers the concept of child in conjunction with citizenship education to take forward children’s promotion of human rights. It is proposed that one approach, where individuals explore views and come to this through reason, dialogue and community engagement, would be through Philosophy with Children (PwC). PwC provides space for children to engage in the political, that they might explore questions relevant to their lives asbeings in society. Such activity would not only prepare children for the political world, since this sees the child as deficit, but would facilitate their engagement politically as children. The article proposes that philosophically deliberative children are required in order to support any society interested in the promotion of human rights.

Das politische System der Türkei unter dem Einfluss der AKP

2021 ◽  
Author(s):  
Hans Hermann Linscheid
Keyword(s):  
Political Culture ◽  
Legal System ◽  
Political System ◽  
Social Groups ◽  
The Political ◽  
Social Conflicts ◽  
System Transformation ◽  
Strong Polarization ◽  
The Republic ◽  
Republic Of Turkey

Turkey has changed significantly since the AKP came to power in 2002. These changes affect the political system, political culture, the legal system, but also people's everyday lives. With this system transformation, a strong polarization of society can be observed. The question arises whether a more consensus-oriented, pluralistic system or a more authoritarian “majority democracy” has been created in the Republic of Turkey. When examining these questions, the author deals in particular with the parties, social groups, political culture and the causes, backgrounds and possible solutions to political and social conflicts.

Children's Rights within the Family – a Croatian View

2009 ◽  
Vol 17 (4) ◽  
pp. 561-583
Author(s):  
Dubravka Hrabar
Keyword(s):  
Legal System ◽  
Family Law ◽  
Children's Rights ◽  
Children’S Rights ◽  
Parental Responsibility ◽  
Crucial Point ◽  
Rights Of The Child ◽  
The Family ◽  
Important Field ◽  
The Many

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.

Examining the complementarity of ‘children’s rights’ and ‘bioethics’ moral frameworks in pediatric health care

2016 ◽  
Vol 20 (4) ◽  
pp. 437-445 ◽  
Author(s):  
Franco A Carnevale ◽  
Irma Manjavidze
Keyword(s):  
Health Care ◽  
Child Health ◽  
Children's Rights ◽  
Children’S Rights ◽  
Pediatric Health ◽  
Pediatric Health Care ◽  
Rights Of The Child ◽  
The Republic ◽  
Moral Frameworks ◽  
Pediatric Bioethics

The United Nations Convention on the Rights of the Child has inspired numerous initiatives to recognize children’s health-related rights. Whereas children’s rights have served as the dominant moral framework for child health concerns in Europe, pediatric bioethics has emerged as the principal framework used in North America. Despite their similarities, these two frameworks differ significantly. Children’s rights initiatives tend to be universalist, highlighting substantive standards for all children, while pediatric bioethics has developed norms, models, and procedures for the ethical analysis and management of individual cases. The aim of this article is to critically examine the respective contributions and intersections of children’s rights and pediatric bioethics moral frameworks in child health. We describe our collaboration bridging our work with these two frameworks to address pediatric health-care concerns in the Republic of Georgia. We conclude with recommendations for how the complementarity of these two frameworks can be further bridged and promoted internationally.

Advocating Democracy: The Role of Lawyers in Taiwan's Political Transformation

1995 ◽  
Vol 20 (02) ◽  
pp. 561-599 ◽  
Author(s):  
Jane Kaufman Winn ◽  
Tang-chi Yeh
Keyword(s):  
Legal System ◽  
Legal Profession ◽  
The Political ◽  
Political Transformation ◽  
Authoritarian Rule ◽  
Martial Law ◽  
Republic Of China ◽  
Democratic Rule ◽  
The Republic

Litigation has not been a significant strategy in Taiwan for challenging injustice due to the use of the Civil Law tradition as a model for the Republic of China legal system and the diminished autonomy of the ROC legal profession and legal system under martial law and authoritarian rule. Individual lawyers, however, were among the leading proponents of reform during Taiwan's recent transition to democratic rule. Furthermore, one of the significant liberalizing reforms ushered in by the democratic transition has been the reform of the ROC legal profession. We examine the contribution of some lawyers to democratization and consider what role the reconstituted ROC legal profession may play in the political economy of Taiwan in the future.

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