scholarly journals In Whose Best Interests? Critiquing the “Family-as-Unit” Myth in Pediatric Ethics

10.5772/66715 ◽  
2016 ◽  
Author(s):  
Joseph A. Raho
Keyword(s):  
Best Interests ◽  
The Family ◽  
Pediatric Ethics

Developing a Concept for Childhood Survival in Modern Nigeria

1983 ◽  
Vol 26 (1) ◽  
pp. 39-46
Author(s):  
W.J. Kalu
Keyword(s):  
Developing Country ◽  
Equal Opportunity ◽  
Best Interests ◽  
University Campuses ◽  
Guiding Principle ◽  
Nigerian Child ◽  
The Family ◽  
Nigerian University ◽  
To Receive ◽  
Positive Concept

[There are numerous problems facing childhood in contemporary Nigeria. This paper discusses the major features of the problems as they affect the two major institutions for socialisation, the family and the schools. The needs of the modern Nigerian child, especially for his future survival are highlighted. A description is given of the Child ren's Centre project which is now in operation in one of the Nigerian University Campuses. It serves as an interpretation of a new, positive concept of childhood survival necessary to meet the challenges posed on such a level in a developing country.] The child is entitled to receive education which shall be free and com pulsory, at least in the elementary stages. He shall be given an education which will promote his general culture, and enable him on a basis of equal opportunity to develop his abilities, his individual judgement... The best interests of the child shall be the guiding principle of those res ponsible for his education and guidance... The child shall have full opportunity for play and recreation, which should be directed to the same purposes as education....

scholarly journals Hukum Waris terhadap Anak Adopsi dalam Perspektif Islam

2020 ◽  
Vol 7 (1) ◽  
pp. 94-106
Author(s):  
Muhammad Lutfi Syarifuddin
Keyword(s):  
Child Protection ◽  
Islamic Law ◽  
Adoptive Parents ◽  
Customary Law ◽  
Best Interests ◽  
Adopted Children ◽  
Inheritance Law ◽  
Law System ◽  
Biological Parents ◽  
The Family

In practice, in Indonesia children adoption has become a public phenomenon in society and is part of the family law system because it involves individual interests in the family. In the case of adoption, parents need to pay attention to the best interests of the child and be implemented based on local customs, applicable laws and regulations, this has been regulated in Article 39 of the Child Protection Act. Adoption of children is divided into two types, namely adoption of children between Indonesian citizens (domestic adoption) and adoption of Indonesian citizens by foreign citizens (adoption between countries). Appointment of children must be done by legal process, through the establishment or decision of the Court. The research method is normative juridical research. Based on the research results, the inheritance Indonesian citizens rights in the Indonesian inheritance law case are implemented based on Islamic law, adopted children do not inherit from adoptive parents and remain the biological parents. Under customary law, the inheritance of adopted children depends on customary law in the area. By law adoption children do not inherit from adoptive parents, and adopted children remain the heirs of their biological parents.

Child Protection

2020 ◽  
pp. 304-351
Author(s):  
Claire Fenton-Glynn
Keyword(s):  
Child Protection ◽  
Family Reunification ◽  
Best Interests ◽  
Alternative Care ◽  
Parents And Children ◽  
The Family ◽  
Procedural Rights ◽  
Emergency Measures ◽  
The Way

This chapter analyses the obligations placed on domestic authorities in the field of child protection. It starts by examining the way in which the Court has attempted to balance the rights of parents and children in this area, and in particular, the place of the ‘best interests’ principle in the Court’s jurisprudence. The chapter then goes on to consider the substantive rights in this area, including emergency measures, the removal of the child from the family, and their placement in alternative care, before examining the extensive procedural rights for parents and children under Articles 6 and 8. Finally, it details the jurisprudence of the Court concerning family reunification and the positive obligations placed on states to facilitate this.

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 Legal Policy of Child Marriage In the Covid-19 Pandemic Period

2021 ◽  
Vol 5 (2) ◽  
pp. 846
Author(s):  
Imam Subchi ◽  
Qosim Arsadani ◽  
Muhammad Ishar Helmi ◽  
Efin Faridho
Keyword(s):  
Infant Health ◽  
Best Interests ◽  
Child Marriage ◽  
Conceptual Approach ◽  
Psychological Conditions ◽  
Family Economy ◽  
The Family ◽  
Maternal And Infant Health ◽  
Minimum Age ◽  
Research Findings

The increase in marriage dispensation applications that occurred during the Covid-19 pandemic also caused the high number of child marriage. Nevertheless, this has been strictly required in Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage (Marital Law), the minimum age limit for men and women is 19 years, and requirements of irregularities for this age that must meet urgent criteria and sufficient support evidence. This is done, to reduce underage child marriages as a form of enforcing the principle of children's best interests. This paper describes the complexity of underage children's marriage during the Covid-19 pandemic period, as a convenience requirement of marriage dispensation has been set rigid in the Marriage act. The method used in this paper is normative by using several approaches: the statute approach, conceptual approach, and case approach. The results of the government's policy during the Covid-19 pandemic period which brought massive changes to the community's order had an impact on the collapse of the family economy. This resulted in the mass number of the child's marriages in the pandemic period. The research findings of this study deliver to children's rights violations through child marriages. The risk of decreasing individual economies, maternal and infant health, and household violence become unavoidable considering the psychological conditions of children who are immature in marriage.

HOW WE GET INVOLVED WITH COURT-MANDATED PARENTS Because of the emotional intensity and conflict that is typical of many court-mandated clients, our approach begins with the initial telephone contact. When parents are ordered to therapy to help settle custody and/or visitation issues, usually one parent calls in explaining that they have been court-ordered to therapy. When this happens, we take down some basic information and explain that we must wait for the other parent to call in before therapy can begin. If we see one parent before making contact with the other, we are likely to become part of the adversarial climate characteristic of the court. In a few cases, an attorney or guardian ad litem will refer the case directly to us. They usually want to give us background information about the family. We thank them for this input and ask that they have the family call us directly so we can tell them about our center and how we work. We also tell the referral source that therapy will begin after we hear from both parents.When the first parent calls in, they often tell us that we shouldn't expect a call from the other parent, saying, "I asked him/her to come to therapy a hundred times when we were married and he/she always refused." Sometimes we receive a court-order from a judge in the mail; the court order explains who is referred to therapy and why. It usually states that the parents are having difficulty resolving issues regarding their children. These issues include disputes about visitation, custody, and financial support. It is important to note that some families we see are in the midst of the divorce process while others have been divorced for many years. THERAPIST POSITIONING We see our role with court-ordered families as flowing from our ideas about people, therapy, and change. So, when we work on these cases, we become part of a system of people engaged in a dialogue about the well-being of a family. It is important to note that no one involved with the family denies that the best interests of children are primary. What those best interests are, however, is open to debate. Our role, as we see it, is to join with members of each system (family,

2013 ◽  
pp. 109-120
Keyword(s):  
Financial Support ◽  
Well Being ◽  
The Other ◽  
Best Interests ◽  
Background Information ◽  
Court Order ◽  
The Family ◽  
Court Mandated ◽  
To Come ◽  
Guardian Ad Litem

FAMILY SELF-DETERMINATION IN DIVORCE: IN THE BEST INTERESTS OF THE FAMILY

2005 ◽  
Vol 21 (1) ◽  
pp. iii-v
Author(s):  
Meyer Elkin
Keyword(s):  
Self Determination ◽  
Best Interests ◽  
The Family

scholarly journals Indigenous Children’s ‘Best Interests’ at the Crossroads

2012 ◽  
Vol 5 (2) ◽  
pp. 25-35 ◽  
Author(s):  
Kyllie Cripps
Keyword(s):  
Child Protection ◽  
Best Interests ◽  
Nation State ◽  
Out Of Home Care ◽  
The Family ◽  
Indigenous Children ◽  
Protection Systems ◽  
Rights Discourse ◽  
The Many ◽  
Children In Care

This article reviews the use of the term ‘best interests’ as it is commonly used in Australian child protection systems and its application in Indigenous contexts. In 2010–11 there were some 12,358 Indigenous children in out-of-home care in Australia, representing 32.85% of the total number of Australian children in care. In this review, I carefully consider, in the context of a rights discourse, the many influences, historical and present day, Indigenous and non-Indigenous, that have contributed to this situation. While the ‘family’ has traditionally been considered a private sphere in which the state rarely intervenes, I seek to investigate why the nation state has increased surveillance of and intervention into Indigenous families. The article concludes with a reflection on how the nation state, and its agents via child protection authorities, can take stock of the present situation to consider more meaningful ways of supporting Indigenous mothers, families and communities to raise their children in safety

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