A Survey: Children’s Rights Post Termination of Parental Rights and Pre‐Adoption

2020 ◽  
Vol 71 (1) ◽  
pp. 45-61
Author(s):  
Theresa M. Pelfrey
Keyword(s):  
Children's Rights ◽  
Children’S Rights ◽  
Parental Rights ◽  
Termination Of Parental Rights

scholarly journals Patria pietas – condiția juridică a copilului în familia postmodernă

2021 ◽  
Vol 65 (4) ◽  
pp. 307-326
Author(s):  
Emese Florian ◽  
Keyword(s):  
Children's Rights ◽  
Parental Authority ◽  
The Other ◽  
Children’S Rights ◽  
Parental Rights ◽  
Rights Of The Child ◽  
Other Hand ◽  
Domestic Law

"For obvious reasons, the child requires protection and is beneficiary of said protection, usually received by his/her parents; on the other hand, he/she possesses wide array of children's rights and freedoms stipulated in international documents and reflected in our domestic law. Parental rights and duties regarding the person and the child's property, generically designated by the phrase ""parental authority"", are impregnated by the rights of the child (I) and circumscribe the exercise of that authority (II)."

Children's Rights, Paternal Power and Fiduciary Duty: From Roman law to the Supreme Court of Canada

2011 ◽  
Vol 19 (1) ◽  
pp. 21-54 ◽  
Author(s):  
Anne McGillivray
Keyword(s):  
Supreme Court ◽  
Corporal Punishment ◽  
Social Engagement ◽  
Children's Rights ◽  
Fiduciary Duty ◽  
Children’S Rights ◽  
Parental Rights ◽  
Supreme Court Of Canada ◽  
Rights Of The Child ◽  
The Supreme Court

AbstractParental rights originate in patria potestas, the proprietary power of the Roman father, and its incidents of custody, control and corporal punishment. Parental rights as proprietary rights, as rights over another, cannot co-exist with children's rights. What, then, are parental rights in the age of children's rights? This Essay surveys the influence of Roman doctrine on modern law in and through the Supreme Court of Canada. The court acknowledges children's rights, views proprietary rights over children as a thing of the past and recognizes custody as the child's right, not the parent's. Yet the court vitiated the fiduciary standard for parents, limited state parens patriae jurisdiction and upheld two of the three incidents of patria potestas. By making childhood an excuse for avoiding principled rights analysis, conflating adult interests with children's rights and confusing assault with touch, the court upheld the proprietary rights of corporal punishment and control. If parental rights are understood as rights correlative to parental fiduciary duty, and if rights are seen as markers of relationship rather than its antithesis, then the law is rid of archaic notions of parental rights. The way is open to substantive judicial and social engagement with the rights of the child.

Grandparent Visitation Rights

2005 ◽  
Vol 26 (5) ◽  
pp. 638-664 ◽  
Author(s):  
Tammy L. Henderson
Keyword(s):  
Grounded Theory ◽  
Child Development ◽  
Social Construction ◽  
Critical Review ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
Future Research ◽  
Parental Rights ◽  
The Social

The purpose of the study was to review grandparent visitation cases to determine how justices interpreted the best interests of the child standard. Using grounded theory methods, the author conducted a study on 46 grandparent visitation cases. Based on the critical review of these cases, three themes emerged: parental rights, children’s rights, and child development. These themes help to explain how courts influence the social construction of power within families. The author closes the study with implications and suggestions for future research.

scholarly journals A Children’s Rights Perspective to Ruiz Zambrano and Chavez-Vilchez: An Examination in Light of Theory, Practice and Child Development Research

2021 ◽  
Vol 23 (1) ◽  
pp. 68-101
Author(s):  
Ellen Nissen
Keyword(s):  
Children's Rights ◽  
Fundamental Rights ◽  
Children’S Rights ◽  
Immigration Law ◽  
Parental Rights ◽  
Development Research ◽  
The Right ◽  
Paradigm Shifting ◽  
The Eu

Abstract This contribution demonstrates that the CJEU cases Ruiz Zambrano and Chavez-Vilchez are particularly significant from a children’s rights perspective. The article connects these two judgments and their implementation in the national Dutch context, with three commonplace themes from children’s rights literature; (1) the child as an equal bearer of rights, (2) the child as a distinct bearer of rights, and (3) the important role of developmental research. This perspective shows that the approach adopted by the CJEU with regard to the EU citizen child is paradigm shifting, as it breaks with dominant approaches in fundamental rights law and immigration law which historically place parental rights front and centre. The contribution demonstrates that the importance of this shift cannot be underestimated, because it provides the contested notions of children’s rights and the Convention on the Right of the Child (CRC) with both legitimacy and meaning.

scholarly journals Flogging Children with Religion: A Comment on the House of Lords' Decision in Williamson

2006 ◽  
Vol 8 (38) ◽  
pp. 339-345
Author(s):  
Sylvie Langlaude
Keyword(s):  
Human Rights ◽  
Corporal Punishment ◽  
Religious Freedom ◽  
Children's Rights ◽  
Children’S Rights ◽  
Freedom Of Religion ◽  
Parental Rights ◽  
European Court ◽  
House Of Lords ◽  
Education And Employment

On 24 February 2005 the House of Lords delivered a significant judgment on freedom of religion, parental rights to religious freedom, corporal punishment and children's rights. This paper examines R (Williamson) v Secretary of State for Education and Employment. It argues that the House of Lords adopts a much more generous approach to freedom of religion or belief than the European Court of Human Rights. But it is also critical of the argument derived from children's rights.

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

2021 ◽  
Author(s):  
Obed Adonteng-Kissi
Keyword(s):  
United Nations ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
Parental Rights ◽  
Cultural Variations ◽  
Rights Of The Child ◽  
Role Of The State ◽  
United Nations Convention ◽  
The United Nations

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.

scholarly journals Legal Status of a Child in Family Legislation of the Russian Federation and CIS: Comparative Legal Analysis

2019 ◽  
Vol 7 (3) ◽  
pp. 82-106
Author(s):  
Natalya Letova ◽  
Igor Kozhokar
Keyword(s):  
Legal Status ◽  
Family Law ◽  
Children's Rights ◽  
Adoptive Parents ◽  
Children’S Rights ◽  
Parental Rights ◽  
Member States ◽  
Dual Citizenship ◽  
The Family ◽  
Independent States

The authors identify characteristic features of how certain children’s rights are exercised under the family law of Russia and the legislation of the Commonwealth of Independent States (CIS). The norms of the CIS family law on children’s rights are specific; they adhere to national cultural traditions and customs that have an impact on the implementation and protection of children’s personal non-property rights. The authors point out that a child, under certain circumstances, can be a carrier not only of the rights and obligations provided for by the family codes of independent States, but also by family law of the CIS. The article points out to the need to define the law applicable to regulating relations where the participants have different or dual citizenship, or legal facts occurred on the territory of one State that is a member of the CIS. The authors describe a defect in Russian legislation regulating the status of a child with dual citizenship. The problem of legislative consolidation of the concept of proper upbringing of a child is addressed, as are ways that children may undertake self-protection of their rights granted in CIS member States. One peculiarity of the family codes of CIS member States is the norms regulating a child’s participation in personal non-proprietary and proprietary relations. Special attention is paid to alimony payments. Moreover, the authors consider the laws that regulate dissolution of a marriage, as well as how such dissolution affects the legal status of the child. The article focuses on deprivation of parental rights as a radical method of breaking the bond between a child and parents, distinguishing the deprivation of parental rights from their restriction. The authors consider adoption procedures, as well as the legal status of the adopted and adoptive parents. Each problem is considered by using the comparative legal research method.

scholarly journals Considerations on the Best Interests of the Child as a Principle of Exercising Parental Authority

2016 ◽  
Vol 18 (32) ◽  
pp. 88-96
Author(s):  
Cosmina Flavia Bobar
Keyword(s):  
Historical Perspective ◽  
Children's Rights ◽  
Civil Code ◽  
Parental Authority ◽  
Children’S Rights ◽  
Best Interests ◽  
Parental Rights ◽  
Normative Documents ◽  
Rights Of The Child

Abstract The principle of the best interests of the child is the basis for international or national normative documents adopted after the 1989 UN Convention on the Rights of the Child. They enshrine the prevalence of this principle in any decision that must be made with regard to the child, and regardless of its author. In the matter of parental authority, the Romanian Civil Code subordinates parental rights and duties to this principle, placing the interests of the child above the interests of parents. This study presents such aspects as referring to the principle of the best interests of the child, including from a historical perspective, while also emphasising concern in the doctrine for defining but also establishing criteria to appraise the best interests of the child, prior to the amendment of Law no. 272/2004 on the protection and promotion of children’s rights.

Armed conflict and children's rights.

1997 ◽  
Vol 52 (12) ◽  
pp. 1385-1386 ◽  
Author(s):  
Michael G. Wessells
Keyword(s):  
Armed Conflict ◽  
Children's Rights ◽  
Children’S Rights
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