Mainstreaming Therapeutic Jurisprudence in Family Law: The Israeli Child Protection Law as a Case Study

2017 ◽  
Vol 55 (2) ◽  
pp. 177-194 ◽  
Author(s):  
Tali Gal ◽  
Dahlia Schilli-Jerichower
Keyword(s):  
Child Protection ◽  
Family Law ◽  
Therapeutic Jurisprudence ◽  
Israeli Child

scholarly journals Protection of Children in Difficulty in China during the COVID-19 Pandemic

2020 ◽  
Vol 13 (1) ◽  
pp. 279
Author(s):  
Fang Zhao ◽  
Ning Zhu ◽  
Juha Hämäläinen
Keyword(s):  
Child Protection ◽  
Relevant Information ◽  
Integrated System ◽  
Protection System ◽  
Political Awareness ◽  
Child Protection Services ◽  
The Media ◽  
Professional Systems ◽  
Depth Interviews

This study investigated the resilience of the Chinese child protection system in responding to the special needs of children in difficulty under the specific circumstances caused by the COVID-19 pandemic. This study applied qualitative document analysis of child protection administrative documents, in-depth interviews with 13 child protection professionals, and an in-depth case study of 14 children living in difficulty, complemented by relevant information available in the media. The results indicate that there are good policies in China’s child protection services but the organizational and functional fragmentation complicates implementation, suggesting a need for the development of bottom-up practices. The essential conclusion supported by these results is that the child protection system should be regarded and developed as a systematic project combining the legal, policymaking, and professional systems of child welfare services as well as governmental and non-governmental forces. As the COVID-19 pandemic has raised awareness of the need to develop the field of child protection holistically as an integrated system in terms of social sustainability in China, an international literature-based comparison indicates that the pandemic has also raised similar political awareness in other countries.

scholarly journals [The Wife's Obligation to Fulfill Inner Maintenance to Husband Who is Infected With Hiv / Aids: According to Islamic Family Law and Case Study] Kewajipan Isteri Menunaikan Nafkah Batin Kepada Suami yang Dijangkiti Hiv/ Aids: Menurut Undang-Undang Keluarg

2015 ◽  
Vol 9 ◽  
pp. 64-75
Author(s):  
Md. Zawawi Abu Bakar ◽  
Rajwani Md. Zain ◽  
Wan Ab Rahman Khudzri Wan Abdullah
Keyword(s):  
Family Law ◽  
Study Data ◽  
People Living With Hiv ◽  
Interview Methods ◽  
Islamic Family Law ◽  
Living With Hiv ◽  
The Relationship ◽  
Husband And Wife ◽  
Hiv Aids

This paper aims to explain the dilemma that occurs in marital relationships. The issue of performing the external or internal maintenance obligation on the husband who has HIV / AIDS causes the wife to suffer. Thus, a qualitative study has been done to identify the dilemma that occurs in the relationship between husband and wife. Archival research methods such as the provisions of Islamic Family Law (UUKI), fiqh munakahat and case studies have been used. Interview methods were also performed to answer the objectives of the study. A total of 8 respondents, namely the wives of AIDS sufferers, were interviewed to obtain study data and the data was finally analyzed manually (QDA). The results show that there is discrimination against people living with HIV / AIDS (OHDHA) (wife) in the form of external and internal maintenance (husband and wife relationship). Even sadder, all respondents have been infected with HIV / AIDS as a result of intimate relationships with their husbands. The study finally concludes that OHDHA (wife) needs guidance and understanding of how to deal with the dilemma of performing duties as a wife and avoiding darar treatment from her partner (husband). Keywords: UUKI, Obligation, Wife, nafkah, HIV/AIDS. Makalah ini bertujuan menjelaskan dilema yang berlaku dalam hubungan suami isteri. Isu berkenaan melaksanakan kewajipan nafkah zahir atau batin terhadap suami yang menghidap HIV/AIDS menyebabkan isteri menderita. Justeru, satu kajian kualitatif telah dilakukan untuk mengenal pasti dilemma tersebut yang berlaku dalam hubungan suami isteri. Kaedah kajian arkib seperti peruntukan Undang-Undang Keluarga Islam (UUKI), fiqh munakahat dan kajian kes telah digunakan. Kaedah temubual juga telah dilakukan untuk menjawab objektif kajian. Responden seramai 8 orang iaitu isteri kepada penghidap AIDS telah ditemubual bagi mendapat data kajian dan data akhirnya dianalisis secara manual (QDA). Hasil kajian menunjukkan bahawa berlaku diskriminasi terhadap Orang Hidup Dengan HIV/AIDS (OHDHA) (isteri) iaitu dalam bentuk nafkah zahir dan batin (hubungan suami isteri). Lebih menyedihkan lagi semua responden telah dijangkiti HIV/AIDS hasil hubungan intim bersama suami. Kajian akhirnya menyimpulkan bahawa OHDHA (isteri) perlu kepada bimbingan dan pemahaman bagaimana menangani dilemma melaksanakan kewajipan sebagai isteri dan mengelakkan daripada perlakuan darar daripada pasangannya (suami).   Kata kunci: UUKI, kewajipan, isteri, nafkah, HIV/AIDS

scholarly journals THE SOCIOLOGY OF LAW PERSPECTIVE ON CHILD PROTECTION AT THE SYAR’IYAH COURT IN ACEH

2021 ◽  
Vol 7 (1) ◽  
pp. 70
Author(s):  
Fajri M Kasim ◽  
Abidin Nurdin ◽  
Ridhwan Ridhwan
Keyword(s):  
Child Protection ◽  
Sociology Of Law ◽  
Court Decisions ◽  
Social Actors ◽  
Left Behind ◽  
Education And Health ◽  
The Social ◽  
Legal Sociology ◽  
Banda Aceh

This study aims to examine child protection at the Syar'iyah Court in Aceh from the perspective of the sociology of law. This research uses the study of legal sociology, which is an approach that views law as a tool to create order and order in society. The approach used is a case study of child protection in court decisions in Banda Aceh, Bireuen, and Lhokseumawe regarding child guardianship. Meanwhile, data collection techniques are literature studies and court decisions. This study concluded that the Syar'iyah Court in Banda Aceh granted guardianship rights to adult male siblings and to become guardians and take care of parental inheritance. In Bireuen, guardianship rights are given to the mother for a child because her father who has a pension salary is left behind. Whereas in Lhokseumawe, guardianship rights are also given to the mother while the living father is obliged to give one million per month and education and health costs. In addition, judges also become al-Qur’an, Hadith, and the opinions of the ulama as arguments in their decisions that are in accordance with the sociological characteristics of religion in Aceh. This shows that the Syar'iyah Court as part of the social system and judges as social actors have functioned to provide child protection so as to create order and order in society.

Introduction

2021 ◽  
pp. 1-12
Author(s):  
Sanford N. Katz
Keyword(s):  
Child Protection ◽  
Family Law ◽  
Religious Groups ◽  
State Laws ◽  
Divorce Law ◽  
Domestic Relations ◽  
Real People ◽  
The Social ◽  
History Of

This introductory chapter traces the history of family law in America, which came of age during the last half of the twentieth century. Earlier, in practice, scholarship, and legal education, it was given little attention or respect. Perhaps the reason for the low status of family law practice, defined narrowly as domestic relations and almost exclusively concerned with divorce, was that it dealt with human conflicts and real people in distress, not legal abstractions. The legislative movement to recodify state family law, particularly divorce law, began mid-century. An important influence on divorce reform was the efforts of the Commissioners on Uniform State Laws. The Commissioners had been working on divorce law for seventy-five years before the Uniform Marriage and Divorce Act was promulgated in 1970. The Act brought clarity in laws on marriage, divorce, and child custody. The chapter then looks at the development of child protection practice and law. Ultimately, the legal landscape of today has been shaped by many factors: the movement for racial equality, children’s rights, women’s rights, gay and lesbian rights, and the social and legal agenda of certain religious groups.

THE ETHICS AND POLITICS OF HUMAN SERVICE TECHNOLOGY: THE CASE OF PREDICTIVE RISK MODELING IN NEW ZEALAND'S CHILD PROTECTION SYSTEM

2019 ◽  
Vol 53 (01n02) ◽  
pp. 15-27
Author(s):  
NEIL BALLANTYNE
Keyword(s):  
Child Protection ◽  
Ethical Issues ◽  
The Political ◽  
Risk Modeling ◽  
Descriptive Case Study ◽  
Child Protection Services ◽  
Technology Applications ◽  
Future Child ◽  
Predictive Risk

This article reviews the political and ethical dimensions of technology applications in social work by focusing on a descriptive case study. The case study is of an initiative undertaken by the New Zealand government between 2011 and 2015 to develop an algorithm that would allow child protection services to predict future child maltreatment at the point of birth and to pre-empt it before it occurs. The paper explores the new threats to human rights and social justice associated with the rise of algorithmic governance and explores the sources of algorithmic injustice. It also outlines some of the key ethical issues and political challenges associated with algorithmic governance.

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