COMMUNICATION ROLE OF RIGHTS AND LEGAL STATUS

2019 ◽  
pp. 233
Author(s):  
Inta Siliniece
Keyword(s):  
Legal Status ◽  
Children's Rights ◽  
The Other ◽  
Children’S Rights ◽  
Civil Justice ◽  
Active Lifestyle ◽  
Rights Of The Child ◽  
The Right

One of today's most important issues in the field of international civil justice is the provision of family and children's rights. These are the right of the child to be in contact with both parents and the right of parents to take part in the upbringing of children. This is especially important if parents live separately or even in different countries. The global processes of globalization and the active lifestyle of people moving from one country to another determine the topicality of the issue. Increasingly, children are illegally moved from one country to another, thus limiting both the rights of the child with the other parent and the right of the other parent in the upbringing of the child.

scholarly journals PERKAWINAN ANAK DALAM PERSPEKTIF HAK ASASI MANUSIA

EGALITA ◽  
2017 ◽  
Vol 11 (1) ◽  
Author(s):  
Dina Tsalist Wildana ◽  
Irham Bashori Hasba
Keyword(s):  
Southeast Asia ◽  
Children's Rights ◽  
The Other ◽  
Children’S Rights ◽  
Early Marriage ◽  
Negative Effects ◽  
Se Asia ◽  
Rights Of The Child ◽  
Other Hand ◽  
Age Of Marriage

<p>Marriage at the age of children still occur in some areas. Not only in Indonesia, in some areas is still high number of early marriages. Indonesia has had a regulation on the protection of children. But on the other hand the marriage at the age of children is still high even ranked second in Southeast Asia after Cambodia. This obviously shows that regulation owned does not run optimally. This article will discuss about some children's rights that are violated by the existence of early marriage. Despite showing some of the negative effects of marriage on the age of the child but at the end of this writing offers several formulations so that children in the age of marriage is not so much seized the rights of the child.</p><p>Perkawinan di usia anak masih marak terjadi di beberapa wilayah. Tidak hanya di Indonesia, di beberapa wilayah masih tinggi angka perkawinan dini.Di Indonesia telah memiliki regulasi tentang perlindungan anak. Namun disisi lain perkawinan di usia anak masih tinggi bahkan menduduki peringkat ke 2 se Asia Tenggara setelah Kamboja. Hal ini jelas menunjukkan regulasi yang dimiliki tidak berjalan optimal. Pada tulisan ini akan membahas tentang beberapa hak anak yang dilanggar dengan adanya perkawinan dini. Kendati menunjukkan beberapa dampak negatifdari perkawinan di usia anak namun di akhir tulisan ini menawarkan beberapa formulasi agar perkawinan di usia anak tidak begitu banyak menyita hak-hak anak.</p><p> </p><p align="center"> </p><p> </p>

scholarly journals Recognizing and Respecting the Rights of Children with Disabilities in the Classroom

2016 ◽  
Vol 8 (3) ◽  
pp. 1
Author(s):  
Cornelia Schneider
Keyword(s):  
Children With Disabilities ◽  
Children's Rights ◽  
Relationship Building ◽  
Children’S Rights ◽  
Social Model ◽  
Human Beings ◽  
Persons With Disabilities ◽  
Social Model Of Disability ◽  
Rights Of The Child ◽  
The Right

<p>The UN Convention on the Rights of the Child was adopted and ratified in 1990 by the UN<br />General Assembly, and signed by most member countries of the United Nations. However, its<br />implementation is slow, complex, and can to-date be considered as incomplete in most<br />countries, particularly as children’s rights often seem to be in contradiction with traditional<br />perceptions of children as dependent, immature and incompetent human beings under their<br />parents’ tutelage. Furthermore, it appears that children’s rights are at risk of colliding with the<br />rights of the family. These issues are even more strongly highlighted when it comes to<br />children with disabilities, as those children often are perceived as vulnerable and incompetent.<br />The UN Convention on the Rights of Persons with Disabilities of 2006 emphasizes the right<br />to full participation based on the social model of disability, including the right to inclusive<br />education for children with disabilities. This article addresses both conventions, the<br />contradictions within but also with each other, which impede the rights of children with<br />disabilities as much as traditional perceptions of childhood do. It will then demonstrate how<br />the recognition of the rights of children with disabilities can be improved by using the<br />frameworks of sociology of childhood (Corsaro, 2015) and the work on relationship building<br />and solidarity by Honneth (1995). Lastly, the article will give examples of how to implement<br />and respect the rights of children with disabilities in schools, by using the example of the<br /><em>Index for Inclusion</em>.</p>

Children's Rights

2013 ◽  
Author(s):  
Karen M. Staller
Keyword(s):  
Common Law ◽  
Children's Rights ◽  
State Intervention ◽  
Children’S Rights ◽  
Chronological Age ◽  
Rights Of The Child ◽  
Parens Patriae ◽  
The Common ◽  
The Right ◽  
Family Autonomy

Children's rights can refer to moral rights—basic human rights regardless of age or station—and legal rights, those awarded based on chronological age or level of maturity. They are conceptualized in three categories: protection rights (the right to be free from harm and exploitation), provision rights (the right to have their basic needs met), and participation rights (the right to have a say). Children's rights can conflict with family autonomy, and state intervention is based on the common law doctrine of parens patriae. The UN's Convention on the Rights of the Child is the most comprehensive statement of children's rights to date.

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)."

8. The Law Relating to Children:

2016 ◽  
Author(s):  
Ruth Gaffney-Rhys
Keyword(s):  
Medical Treatment ◽  
Children's Rights ◽  
Children’S Rights ◽  
Private Law ◽  
The Third ◽  
Rights Of The Child ◽  
Questions And Answers ◽  
Essay Question ◽  
The Law ◽  
The Right

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary and tips to gain extra marks. This chapter considers children’s rights and private law relating to children. The first essay question focuses on the rights of the child to make his or her own decisions and to participate in private law proceedings, whilst the second examines how the law ensures that children have a relationship with both parents after separation. The third question is a problem scenario that requires discussion of orders under s.8 of the Children Act 1989, the welfare principle and the Welfare Checklist. The final problem question concerns inherent jurisdiction and the right of a child to refuse medical treatment.

The Evolution of the Children’s Rights Movement

2020 ◽  
pp. 31-48
Author(s):  
Jonathan Becker
Keyword(s):  
Child Labor ◽  
Sexual Exploitation ◽  
Children's Rights ◽  
Child Soldiers ◽  
Children’S Rights ◽  
Past Century ◽  
International Treaties ◽  
Rights Of The Child ◽  
International Laws

This chapter examines the evolution of the children’s rights movement and particularly the role of individuals and nongovernmental organizations in driving the creation of new international laws and norms and global campaigns to address the abuse and exploitation of children. Over the past century, child rights advocates have helped shape the UN Convention on the Rights of the Child and international treaties addressing child labor and child soldiers, thereby influencing policies and practices related to education, child marriage, corporal punishment, sexual exploitation, and violence against children. The chapter also explores the role of children themselves as activists at the forefront of change.

An independent voice for children's rights in Europe? The role of independent children's rights institutions in the EU

2011 ◽  
Vol 19 (3) ◽  
pp. 429-449 ◽  
Author(s):  
Nigel A Thomas ◽  
Karl C Hanson ◽  
Brian B Gran
Keyword(s):  
Children's Rights ◽  
Children’S Rights ◽  
Future Research ◽  
Annual Conference ◽  
The European Union ◽  
Council Of Europe ◽  
Rights Of The Child ◽  
Distinctive Role ◽  
The Eu

AbstractThis article attempts to understand the distinctive role of independent human rights institutions for children (IHRICs) in Europe, in the context of the proposed EU strategy on the rights of the child. It begins by explaining the distinctive characteristics of IHRICs, their presence, location and organisation in Europe, and the role of the European Network of Ombudspersons for Children (ENOC). It goes on to examine their developing relationships, individually and collectively, with European institutions (in particular the institutions of the European Union, but also with reference to the Council of Europe). The article draws on observations of the annual conference of ENOC in 2010, and on interviews with members of ENOC. The article follows this with a discussion of how IHRICs may be understood as operating at the interface of regional, national, European and global mechanisms, and concludes with a review of current issues and some questions for future research.

scholarly journals Expanding the Protection of Children’s Rights towards a Dignified Life: The Emerging Jurisprudential Developments in the Americas

Laws ◽  
2021 ◽  
Vol 10 (4) ◽  
pp. 84
Author(s):  
Alejandro Fuentes ◽  
Marina Vannelli
Keyword(s):  
Human Rights ◽  
Children's Rights ◽  
Children’S Rights ◽  
Effective Protection ◽  
American System ◽  
Rights Of The Child ◽  
The Right ◽  
International Instruments ◽  
Normative Integration ◽  
Dignified Life

The Inter-American Court of Human Rights (IACrtHR) has developed in recent years an innovative jurisprudence that has integrated the entity and extension of States’ obligations regarding children’s rights—as established in Article 19 ACHR—through the evolutive, dynamic, and effective interpretation of the American Convention on Human Rights (ACHR). In fact, by acknowledging the existence of an international corpus juris for the protection of children’s rights, the Court has examined this provision in the light of instruments enshrined within the corpus juris, such as the UN Convention of the Rights of the Child. This process of normative integration was not only limited to the application of international instruments adopted outside of the Inter-American system, but also includes internal references to interconnected rights recognised within the American Convention. Consequently, by analysing the scope of Article 19 ACHR in the light of Article 4 ACHR (right to life) and the corpus juris for the protection of children, the Inter-American Court has further expanded the protection of children’s rights towards the protection of the right to a dignified life. While focusing on the landmark jurisprudence developed by IACrtHR, this paper seeks to unveil the hermeneutical paths undertaken by the regional tribunal in connection with the systemic integration of Article 19 ACHR. In particular, it focuses on the emerging jurisprudential development of positive obligations upon States Members regarding the effective protection of children’s right to a dignified existence.

scholarly journals Status Hukum dan Hak Anak Dari Perkawinan Wanita Hamil Dalam Perspektif Mazhab Syafi'i dan Hukum Positif

2017 ◽  
Vol 4 (3) ◽  
Author(s):  
Mara Sutan Rambe
Keyword(s):  
Pregnant Woman ◽  
Pregnant Women ◽  
Judicial Review ◽  
Legal Status ◽  
Children's Rights ◽  
Children’S Rights ◽  
Rights Of The Child ◽  
Illegitimate Child ◽  
Legal Marriage

Abstract.The legal status and rights of the child of the marriage of a pregnant woman according to the Shafi'i School are if the child is born less than six months from a legitimate marriage or the possibility of prior bodily relationships, then the child is an illegitimate child and only has a relationship to his mother and family her mother. However, if the child is born more than six months of pregnancy from a legal marriage or if there is a possible relationship, then the child is a legitimate child, so he has rights to his parents. UUP and KHI regulate that children born from the marriage of pregnant women due to zina are legitimate children, as long as the child is born from a legitimate marriage (article 42 UUP and article 99 points a KHI), so that he has rights that must be fulfilled by both her parents. However, if a child born due to adultery is not in a legal marriage, then the child only has a civil relationship to his mother as stated in article 43 (1) of the LoGA. However Article 43 (1) has a Judicial Review, so that a child born outside of marriage does not only have a civil relationship with his mother but also has a civil relationship with his biological father.Keywords: Legal Status, Children's Rights, Marriage of Pregnant Women Abstrak.Status hukum dan hak anak dari perkawinan wanita hamil menurut Mazhab Syafi’i adalah jika anak tersebut lahir kurang dari enam bulan dari perkawinan yang sah atau dimungkinkan adanya hubungan badan sebelumnya, maka anak tersebut adalah anak tidak sah dan hanya mempunyai hubungan nasab kepada ibunya dan keluarga ibunya. Namun, jika anak tersebut lahir lebih dari enam bulan masa kehamilan dari perkawinan sah atau dimungkinkan adanya hubungan badan, maka anak tersebut adalah anak sah, sehingga memiliki hak terhadap kedua orang tuanya. UUP dan KHI bahwa anak yang lahir dari perkawinan wanita hamil akibat zina adalah anak yang sah, sepanjang anak tersebut lahir dari perkawinan yang sah (pasal 42 UUP dan pasal 99 poin a KHI), sehingga ia memiliki hak-hak yang wajib dipenuhi oleh kedua orang tuanya. Namun jika anak yang lahir akibat zina tidak dalam ikatan perkawinan yang sah, maka anak tersebut hanya mempunyai hubungan perdata kepada ibunya saja sebagaimana yang tercantum dalam pasal 43 (1) UUPA. Namun Pasal 43 (1) ini telah Judicial riview, sehingga anak yang dilahirkan di luar perkawinan tidak hanya mempunyai hubungan perdata dengan ibunya tetapi juga mempunyai hubungan perdata kepada ayah biologisnya.Kata Kunci: Status Hukum, Hak Anak, Perkawinan Wanita Hamil

scholarly journals Juvenile Justitia and the protection of children’s rights in Europe: the practice of the European Court of Human Rights

2021 ◽  
Vol 39 (68) ◽  
pp. 167-185
Author(s):  
Mykola Bondaruk ◽  
Serhiy H. Melenko ◽  
Liubov Omelchuk ◽  
Liliya Radchenko ◽  
Anzhela Levenets
Keyword(s):  
Human Rights ◽  
Children's Rights ◽  
Children’S Rights ◽  
European Convention ◽  
Legal Tradition ◽  
Rights Of The Child ◽  
European Court ◽  
Analysis And Synthesis ◽  
The Status

The objective of the research is to analyze the main violations of children's rights within the European Convention on Human Rights to highlight the basic positions of the European Court of Human Rights ECHR on their protection, as well as to determine the advisability of applying the practice of this court by the European states. The methodological basis of the work consists of different methods, such as analysis and synthesis, dialectical, logical-legal and formal-legal. The result of this work allowed identifying the role of the decisions of the European Court of Human Rights as a source of European law and its importance for the protection of the rights of the child, interpreting the legal positions established in the pertinent decisions of the said court and comparing them, to justify the need for your careful observation of the practice of the ECHR in the application of the law. It is concluded that the practice of the ECHR is recognized as a source of law in most states. And although the Ukrainian legal tradition does not recognize the status of judicial precedent as a source of law, such precedents are actively used in everyday legal activity.

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