From right to sin

This chapter investigates changes in infanticide legislation as indicators of the attitude of states towards the neonate. In antique East Asian societies in which the bride’s family had to pay an excessive dowry, selective female infanticide was the rule, despite formal interdiction by the law. In Greece and Rome, children’s lives had little value, and the father’s rights included killing his own children. The proportion of men greatly exceeding women found in many cultures and epochs, suggests that girls suffered infanticide more often than boys. A kind of social birth, the ritual right to survive, rested on the procedure of name giving in Roman culture and on the start of oral feeding in Germanic tradition. Legislative efforts to protect the newborn began with Trajan’s ‘alimentaria’ laws in 103 c.e. and Constantine’s laws following his conversion to Christianity in 313 c.e. Malformed newborns were not regarded as human infants and usually were killed immediately after birth. Infanticide was formally outlawed in 374 c.e. by Emperor Valentinian.

The Royal Descent and the Past Glory of the Demak Sultanate as the Builders of Coastal Javanese Resistance in the Novel Penangsang (Tembang Rindu Dendam)

Arya Penangsang was a Duke of Jipang who ruled in the mid-16th century. He is the grandson of Sultan Patah, the founder of the Sultanate of Demak. The Babad Tanah Djawi tells the story of Arya Penangsang killing Pangeran Mukmin to take back his father's rights. Pajang's attack succeeded in killing Arya Penangsang. The bad image of Arya Penangsang was built by the Sultanate of Pajang. Meanwhile, the Mataram Sultanate, Surakarta Palace, and Yogyakarta Palace continued for hegemony. Meanwhile, for the coastal community of Java, Arya Penangsang is a respected figure. The object of research is the novel Penangsang (Tembang Rindu Dendam) which was published in 2010. The purpose of this study is to explain the problem of resistance, namely disobedience in the context of the relationship between power and domination [1]. This study uses library and ethnographic methods by utilizing this new historicism (NH) approach which links literary texts with non-literature. The results of this study indicate three important messages. First, people interpret their social environment in terms of their past history. Second, Arya Penangsang is a prince who became a local hero. Third, past history is a builder of cultural ties.

Legal regulation of certain types of social leave in Ukraine and the EU

Legal regulation of certain types of social leave in Ukraine and the EU:this article highlights the basic standards followed and fully supported by the European Union and Ukraine as regards the provision of both maternity and paternity leave, as well as parental leave as a whole notion with its particularities. Moreover, it discloses and explains the important difference between these two notions and provides appropriate European and Ukrainian rules of law. It also contains comparison of the effective laws in labor sphere in Ukraine and existing draft legislation which is currently under consideration in this field by the authorized representatives. The article also considers the most prioritized areas for further amending Ukrainian labor laws and rules to be approved for the support and implementation of these specific laws in this field related to these issues. On a separate note, it gives the bright examples of the relevant experience lived through the European Union member states regarding the term of such leave and ensuring the father’s right to take parental leave alongside the one existing and exercising by mothers. It proves that nowadays the European Union elaborates approaches to work on ensuring a proper balance between responsibilities of people as family members and their career. Based on this, it provides for a gender equality and an equal enjoyment of both mother’s and father’s rights. From what we can currently see in Ukraine, unfortunately, our country nowadays is far from practical implementation of these ideas. However, it should be emphasized that after all our legislation has already stipulated some provisions allowing the fathers to take parental leave (so called paternity leave, as already mentioned). The article also has some considerations concerning other labor guarantees for pregnant women. The presented study allows us to identify areas for improving and facilitating the Ukrainian labor legislation in the nearest future and highlights the best European practices which are definitely useful and helpful in the elaborating and developing a new draft Ukrainian Law "On Labor" to be shortly considered by the parliament.

The Constitutionality of a Biological Father's Recognition as a Parent

Despite the increased recognition afforded to biological fathers as legal parents, the Children's Act[1] still does not treat fathers on the same basis as mothers as far as the automatic allocation of parental responsibilities and rights is concerned. This article investigates the constitutionality of the differential treatment of fathers in this respect, given South Africa's international obligations, especially in terms of the United Nations Convention on the Rights of the Child, to ensure that both parents have common responsibilities for the upbringing of their child. After a brief consideration of the constitutionality of the mother's position as parent, the constitutionality of the father's position is investigated, firstly, with reference to Section 9 of the Constitution and the question of whether the differentiation between mothers and fathers as far as the allocation of parental responsibilities and rights is concerned, amounts to unfair discrimination. The inquiry also considers whether the differentiation between committed fathers (that is, those who have shown the necessary commitment in terms of Sections 20 and 21 of the Children's Act to acquire parental responsibilities and rights) and uncommitted fathers may amount to discrimination on an unspecified ground. Since the limitation of the father's rights to equality may be justifiable, the outcomes of both inquiries are shown to be inconclusive. Finally, the legal position of the father is considered in relation to the child's constitutional rights – the rights to parental care and the right of the child to the paramountcy of its interests embodied in Section 28 of the Constitution. While there appears to be some justification for the limitation of the child's right to committed paternal care, it is submitted that an equalisation of the legal position of mothers and fathers as far as the automatic acquisition of parental responsibilities and rights is concerned, is not only justified but imperative if the constitutional rights of children are to be advanced and protected.[1] 38 of 2005.

Creation – Loneliness – Incest – Death

The article proposes a new reading of the Garden Story, based on the Freudian concept of the Oedipus complex and the Derridean concept of the supplement. The Woman is considered as an Oedipal replacement of the mother-Earth in its fruit-bearing capacity. At the same time, she can be likened to a supplement in the Derridean sense, intended to compensate for the Man’s loneliness. However, created from a part of the Man’s body, she remains a (dangerous) supplement and not a real Other and cannot divert the Man from the encroachment on Father’s rights (eating of the fruit). The loneliness of the first Man is therefore not overcome but transformed into the loneliness of the whole human species.

Muslim Father's Rights in Determining His Minor Child's Conversion to Islam in Malaysia

Freedom of religion is guaranteed by the Federal Constitution of Malaysia. For children, their rights to freedom of religion are mentioned in Article 12(4) of the Federal Constitution. However, there is conflict of law, i.e. between the civil law and Sharia Law, in some cases involving the child's conversion to Islam, following the conversion of his or her parents. This article aims to discuss on provisions of the Federal Constitution on the child's right to the freedom of religion. The discussion also elucidate on the father's right in determining his minor child's conversion to Islam. The methodology used in gathering relevant data is content analysis. Data was gathered from Sharia Laws, legal provisions, law journals and reported cases relevant to the issue. The data has been analyzed descriptively. The discussion discovered that civil court has competent jurisdiction in hearing cases that involves issues of conversion of children following the conversion of only his/her father or mother. In earlier cases of conversion to Islam, it was decided that the minor child's religion is following the religion of his or her converted father/mother. However, in the later cases the court has decided that the religion of the children is remain as the religion of their parents, before the conversion to Islam.

Fathering, mothering and making sense of ntamoba: reflections on the economy of child-rearing in colonial Asante

This article explores the changing dynamics of child-rearing in Asante (Ghana) through the problematic concept of ntamoba. In the historical record, and in popular memory, ntamoba has survived in a number of forms—as a marriage payment, as a rite connected with birthing and naming and as an indemnification paid to a father by a child's matrikin to signify the termination of a father's rights in that child. This article seeks to historicise and explain the multiplicity of meanings and the eventual disappearance of ntamoba by examining the ways in which a father's rights of use in his children were transformed into rights of ownership. It foregrounds time and social place/status as key variables in its investigation, demonstrating how the disappearance of ntamoba was connected with the conflation of subordinate social categories in twentieth-century Asante.

Re C (A Minor). Lexis UK Library

Appellant applied to an English court for the return of his son Thomas under the Child Abduction and Custody Act, 1985 (ch. 60), which gave statutory force to provisions of the Hague Convention on Child Abduction. The lower court refused the application on the ground that removal of Thomas to Australia without his mother would create a grave risk of serious psychological harm to the child. On appeal, the Court of Appeal unanimously held that the mother’s removal of Thomas from Australia was wrongful under the Hague Convention as a violation of the father’s rights of custody; that the exception in the Convention permitting courts to decline to order return of children when return would create a grave risk of harm to the child does not apply when this risk would occur only if the mother refused to accompany the child back to Australia; and that an order of the court for return of the child to Australia would issue on condition that the father fulfill his offer to give undertakings to the English court and the Australian Family Court regarding provision for Thomas and his mother in Australia.