Age of Majority in Special Education and the Compliance-Driven Denial of Student Dignity and Autonomy

Ethical imperatives, the importance of self-determination, and evidence-based practices in transition direct special education professionals to ensure students with disabilities receive support that prepares them to exercise their rights as they approach adulthood. The Individuals with Disabilities Education Act (IDEA) includes mandates that address the process of transferring educational decision-making authority to students as they approach the age of majority. There is evidence, however, that indicates there are challenges with implementing such mandates as the use of surrogate decision-making mechanisms, such as guardianship, continue to be favored over less restrictive alternatives. This chapter outlines information for professionals seeking to support students as they approach the age of majority and encourages the use of strengths-based approaches, rather than approaches that center student deficits and IDEA compliance. This chapter emphasizes the importance of utilizing less restrictive alternatives to guardianship that promote student autonomy and self-determination.

Features of legal regulation of the legal capacity of minors and problems of their emancipation

This study investigated and established the specific features of the legal capacity of minors, as well as cases of granting them full civil legal capacity. The purpose of this study was to cover certain features of the implementation and protection of subjective civil rights of minors within their legal capacity, their emancipation and to develop specific proposals for improving the private law regulation of these relations. The study analysed the provisions of the current Ukrainian legislation on the legal regulation of relations on determining the scope of civil legal capacity of minors, as well as the legislative experience of foreign countries, in particular, France, Germany, Great Britain, the United States, etc. The authors of this study concluded that Ukrainian legislation is heterogeneous in nature, as well as that there are different legislative approaches to determining the age of majority of an individual, and to the scope of powers granted to minors. The study examined the foreign experience of legislative provision of minors with the opportunity to dispose of their property in case of their death, as well as the approach of the Ukrainian legislator in terms of governing these legal relations. Based on the analysis of Article 1234 of the Civil Code of Ukraine (hereinafter referred to as “the CCU”), the authors identified specific features of the right to make a will in terms of determining its subjects and concluded on the absence of legislative prohibition of making a will by a minor who has acquired full civil legal capacity in accordance with the procedure established by law. The position of scientists on the need for statutory consolidation of the ability of minors to make a will was supported, but with certain reservations conditioned by the provisions of the current civil legislation; the authors developed specific proposals for amendments to the CCU. It was concluded that a minor receives the status of a fully capable person in two ways – by granting and acquiring. At the same time, the granting of full civil legal capacity is interpreted as the adoption of an appropriate decision by the competent authority (in this case, the guardianship and custodianship authority or the court) provided the availability of grounds stipulated by law. Therewith, the acquisition of full civil legal capacity in the context of Part 2, Article 34 of the CCU is perceived as the result of independent performance of a legal action by a minor (in this case, marriage), which is stipulated by law and entails legal consequences in the form of obtaining full civil legal capacity without additional authorisation from other persons or the state

Jóvenes huérfanos en el Maestrazgo medieval. Aproximación a su vida a través de los documentos de tutela.

Resumen: La infancia y la adolescencia suponen un período vital en la formación de la personalidad del individuo. Si ese período ya puede resultar duro y traumático según determinadas épocas, aún lo puede ser más si los actores del proceso son huérfanos. Presentamos aquí una contextualización sobre la vida de los huérfanos del territorio castellonense del Maestrazgo de Montesa durante la Edad Media. Para ello utilizamos los registros notariales conservados en la zona. De toda la documentación consultada hacemos especial mención a las tutelas porque ofrecen datos indiciarios sobre cómo se desarrolló la vida de esos jóvenes hasta alcanzar la mayoría de edad legal.Abstract: Childhood and adolescence represent a vital period in the formation of the individual's personality. If that period can already be hard and traumatic according to certain times, it can be even more so if the actors in the process are orphans. We present here a contextualization about the life of the orphans of the Maestrazgo de Montesa in Castellon during the Middle Ages. For this we use the notarial records kept in the area. Of all the documentation consulted, we make special mention of the guardianships because they offer indicative data on how the life of these young people developed until they reached the legal age of majority.

21. Capacity

This chapter discusses the issue of capacity. The general rule is that contracts are valid but unenforceable on minors (persons under 18 years of age). However, they are enforceable against adults, and a minor can ratify a contract upon attaining the age of majority so that the contract is enforceable against both parties. At common law, mental incapacity is not by itself a reason to set aside a contract. But if the other party knows, or ought to know, of the mental incapacity, then the contract can be set aside. The Mental Capacity Act 2005 makes it clear that a person who lacks capacity must still pay a reasonable price for necessary goods and services.

The Path to Adulthood: A Mixed-Methods Approach to the Exploration of the Experiences of Unaccompanied Minors in Portugal

Unaccompanied minors who reach the age of majority often experience this transition as a complex stage. Insecurity and helplessness may arise and, in some cases, survival without the support of the institutions and services that previously protected them as minors in the host country may mean becoming at risk for social exclusion. The objective of the present study was to characterize unaccompanied minors in Portugal (N = 67) and understand the processes of transition into the age of majority, using a mixed-methods approach. Quantitative (survey) and qualitative (interviews on autobiographical narratives) methodologies were used as a means of acknowledging the voice of minors/young adults in their trajectories and experiences. Two groups were included, with minors (in residential care) and youths who had already reached adulthood (living independently). Results illustrate diverse reasons for arrival in Portugal and distinct strengths and struggles in the integration experiences, with both positive and negative aspects being identified in the transition to autonomy.

Glosa do Wyroku Trybunału Konstytucyjnego z dnia 16 maja 2018 r., sygn. akt SK 18/17

The commented ruling of the Constitutional Tribunal concerns the constitutionality of the provision of Article 70(1) of the Family and Guardianship Code, which provided that the time limit for a child to bring an action to deny the paternity of his or her mother’s husband is three years and runs from the moment the child reaches the age of majority, regardless of the child’s know-ledge of his or her biological origin, i.e. regardless of whether the child within that time limit acquired knowledge that he or she did not come from his or her mother’s husband and whether the child could decide to bring an action. The expiry of the three-year period resulted in the expiry of the child’s right to claim the denial of paternity of the mother’s husband and, consequently, precluded the possibility of a positive determination of the paternity of a man other than the mother’s husband. The Constitutional Tribunal found this provision to be inconsistent with Article 30 in conjunction with Article 47 in conjunction with Article 31(3) of the Constitution of the Republic of Poland. The author agrees with the position expressed by the Constitutional Tribunal in the judgment in question, which in this case provides a basis for consideration of the relationship between the right to know one’s biological origin and the value of stabilising the civil status of a child and persons remaining in an established family relationship with him or her.

Assess the Age of Majority Using Lower Wisdom Teeth

This article is signed by 27 authors from four continents led by Roberto Cameriere one of the most cited authors in the field of dental age assessment. Determining dental age is a very important segment in the forensic sciences because it gives the best results for an individual’s age.