Judicially Established Obligation for Alimony and Claim Under Article 439, Paragraph 2 of the Bulgarian Code of Civil Procedure

This article considers the practical aspects of the protection and establishment of the fulfillment of the court-established legal obligation for maintenance by the parent who has not been granted the exercise of parental rights and has been sentenced to pay maintenance by virtue of a court act. The elements of the legal relationship, which arises in the judicially established obligation for maintenance and the possibilities of the obliged party to protect the lawfully executed bona fide execution outside the court act, assigning him the manner of execution through the declaratory action under Article 439, Paragraph 2 of the Bulgarian Code of Civil Procedure.

Exploring the Tension between the Rights of the Child and Parental Rights: Voices from Ghana

The principle of “best interests of the child” is firmly established in legal jurisprudence and has taken a firm hold on several domestic and global instruments. Generally, the courts rely on this principle in many cases of child custody, child work, child labour, and compulsory education. The norm of best interests of the child seems to be placed at the core of international law in relation to children’s rights by Article 3(1) of the United Nations Convention on the Rights of the Child (UNCRC). Nevertheless, there is no one universal “best interests of the child” norm owing to cultural variations. In Ghana, this raises issues of conflicts between expectations in the rights and duties of the parent and the right of the child as expressed in the United Nations Convention on the Rights of the Child (UNCRC) and offers a genuine opportunity for reform. The United Nations Convention on the Rights of the Child (UNCRC) adopted the rights of the child that can be classified into three groups: protection rights, provision rights, and participation rights. It appears the best interests of the child is at the centre of international children’s rights law which is articulated through Article 3(1) of the UNCRC. Presently, the advocacy of a child’s right to welfare grounded on human dignity has generated the present discussion on the rights of the child. Article 18 of the UNCRC provides that parents have a shared and core responsibility for the nurturing of their children and that in undertaking their child upbringing responsibilities, appropriate support shall be offered to parents and legal guardians by State Parties. Usually, the variation between children’s rights and parental rights, nonetheless, is not acknowledged by the UNCRC. Furthermore, the UNCRC views children to be competent individuals who should be an essential component of decision-making on issues affecting them. The parent/child contrast demonstrates that there is the need for cooperation that protects the rights of the child, the parent and defines the role of the state. There is the need to explore the best legal and judicial processes for realising this cooperation.

ABOUT REAL INEQUALITIES IN THE EXERCISE OF PARENTAL RIGHTS AND DUTIES TOWARDS THE CHILD

In judicial practice, the issue of real inequality between parents in terms of the exercise of their rights and duties over the child has been raised, causing much discussion in this regard. In this context, we show in this article that the principle of equality does not prohibit certain specific rules. Therefore, we stress that real inequality results from these specific rules, and to the extent that equality is not natural, imposing it would be tantamount to discrimination. Moreover, we point out that in judicial practice it has been decided that respect for the principle of equality of rights does not mean that the legal rule reflects the full uniformity of social situations, but that, on the contrary, the diversity of social situations can be proportionately adjusted to bring them to a common denominator.

Sole guardianship for permanent caregivers

<p>This dissertation analyses whether permanent caregivers should be given sole guardianship responsibilities. It shows that the current legal regulations are not sufficient to secure the placement of a child with foster parents on a permanent basis. Therefore, it examines not only the Care of Children Act 2004 and the Children, Young Persons, and Their Children Act 1989, but also the Green Paper for Vulnerable Children as well as the White Paper for Vulnerable Children, launched in October 2012 by the Ministry of Social Development. The White Paper contains a suggestion to limit parental rights in order to secure the “Home for Life” policy, but fails to discuss the proposed amendments in depth and does not set out detailed provisions. In order to fill the gap in the present debate, this dissertation contains recommendations to amend the current legal provisions.</p>

Sole guardianship for permanent caregivers

<p>This dissertation analyses whether permanent caregivers should be given sole guardianship responsibilities. It shows that the current legal regulations are not sufficient to secure the placement of a child with foster parents on a permanent basis. Therefore, it examines not only the Care of Children Act 2004 and the Children, Young Persons, and Their Children Act 1989, but also the Green Paper for Vulnerable Children as well as the White Paper for Vulnerable Children, launched in October 2012 by the Ministry of Social Development. The White Paper contains a suggestion to limit parental rights in order to secure the “Home for Life” policy, but fails to discuss the proposed amendments in depth and does not set out detailed provisions. In order to fill the gap in the present debate, this dissertation contains recommendations to amend the current legal provisions.</p>

حُقوقُ الوالدين في ضوء القرآن والإِنْجيل: دِراسَة مُقارَنَة

The issue of parental rights is an important issue that must be known and applied by sons and daughters in all religions. Therefore, this study aims to study these rights as stated in the Holy Qurʾan and compares them with what is mentioned in the Bible. These rights are fully taken into account by the needs of mankind in this era, especially with the prevalence of parental disobedience in many societies. This study showed, by comparing the holy Qurʾan and the Bible concerning the rights of parents, that the rights mentioned in the Qurʾan are two times as large as what is in the Bible, and the number of verses in the Holy Qurʾan is ten times more than those in the Bible. Moreover, by comparing the texts of the Holy Qurʾan and the Bible’s, the holy Qurʾan’s verses are so accurate in mentioning and describing the rights of parents, which made it the most comprehensive in emphasizing these rights, for example mentioning the rights of charity, service, praying for them, obeying them, and being grateful. On the other hand, the Bible does not state the rights of obedience, calling to Allah’s religion, being grateful, and honoring them.

Representation of Minors by Chosen Entities

In the paper, the authors have decided to focus on a sensitive, yet important topic which affects almost every one of us. Since not all of us succeed in living in a harmonious family that thrives on love, understanding and, at the same time, creates suitable conditions for consistent and continuous care for health, nutrition, all-round development of its members, in a democratic and legal state they must and also exist institutes which necessarily and to the extent necessary meet these needs. In the context of the above-mentioned, the paper presents the institute of representation of a minor child, which is one of the immanent parts of the set of parental rights and obligations. As it is clear, the exercise of parental rights and parental responsibilities is entrusted in particular to the parents, mother and father of the minor child. In practice, however, there are more and more cases where parents are replaced by other, legally defined persons in the matter of representing a minor child, about whom, among other things, the presented paper deals.

Hypersexual Behavior Due to Premature Psychosexual Development: Clinical Examples

The article contains 3 clinical examples, which demonstrate possible appearance of hypersexuality, caused by premature psychosexual development. The first case (observed by the author) deals with a 13-year-old teenager, who was adopted at the age of 9. His birth mother (BM), who was deprived of parental rights, abused alcoholic beverages. BM had sexual intercourses with men, while her son was with her in the same bed. Besides approximately from the age of 6–7 years she sucked his penis. Soon after his adoption the boy climbed up on his lying adoptive mother (AM), with whom he lived together in one flat, and began pressing his lips to hers (“he lied like a male on a female”). Once, when they were visited by AM relatives and it was necessary to distribute, who would sleep with whom, a decision was made that the adopted son (AS) would sleep with a 7-year-old adopted grandson (AG) of AM. Then AS was 12 and he, as it was found out later, made an attempt to insert his erected penis into the anus of AG, but the latter managed to writhe himself free. At the same age of 12 he attempted a sexual intercourse with a native granddaughter of AM (a little girl), who told her grandmother about it. Then they found a significant amount of blood on her panties and genitals, and decided that he deflowered her. But as a result of forensic examination it was revealed that the blood on the granddaughter’s panties and genitals was not hers, but belonged to AS, whose attempt to insert his penis into her vagina resulted in a rupture of his penile frenulum, that made him stop any further sexual actions. AM informed that AS constantly peeped at her when she was naked or scantly dressed. He did the same with her granddaughter, after what she refused to visit them. Now, in order not “to be in the cross hairs”, AM takes a bath only after he leaves for school. As a result of his talk with AM and examination of AS the author has concluded that the patient has sexual disinhibition associated with his premature psychosexual development, the latter being caused by sexually molesting behaviour on the part of the child’s BM. The second and third cases (observations by other authors) also deal with hypersexual behaviour, caused by premature psychosexual development.

Review Paper: ‘Discourses on the Place of Mothers Rights where They Are Subject to Domestic Violence within Child Protection Work in England’

This article examines the place of gendered relationships between parents with regard to child protection work in England, and the effects of this on mothers who are abused by their male partners. These areas are discussed within an emotionally, socially, and politically charged set of issues concerning to what extent the State should intervene, why, and how between parents and their children in terms of parental rights and child protection. In this way, the article examines fault lines in the Western world’s ideology of the family, and concepts and realities of parental, mothers’ and children’s rights. In examining dominant and competing discourses on parental rights in child protection work, the case is made for the need to disaggregate concepts and approaches away from parental rights per se, to viewing the possibility of needing to see fathers and mothers needs and rights as at times being in conflict. This becomes particularly problematic in relation to mothers’ rights to their own protection from abuse, and how this relates to professional interventions when both the mother and the children are being abused. It considers the need to acknowledge and foreground taking account of how the mother and child(ren) are experiencing the abuse, not how society and professionals might like to view the situation by way of an idealized view of families through a particular ideological lens.