Parental Internet Restrictions and the Personality Rights of Children: A comparative study of Turkish and German law

The impact of the International Convention on the Rights of Persons with Disabilities on the Internal Legislation of Qatar: Analysis and Proposals

The protection of law and human rights (HAM) for children and persons with disabilities is a fundamental issue in inclusive social development. Although Indonesia already has a strong legal basis through Law No. 35 of 2014 concerning Child Protection and Law No. 8 of 2016 concerning Persons with Disabilities, its implementation still faces various challenges, including limited access to education, health services, and discrimination in public services. This study aims to analyze the implementation of legal protection and human rights for children and persons with disabilities in Indonesia, identify the structural barriers faced, and formulate strategies to strengthen legal protection that are more effective and inclusive. This research uses a qualitative approach with literature studies, normative analysis of applicable regulations, and secondary data processing from official institutions such as BPS, the Ministry of Social Affairs, UNICEF, and Komnas HAM. The analysis was carried out through data triangulation to identify gaps between legal regulations and factual implementation in the field. The findings of the study show that there is a significant gap in legal protection, where children without disabilities are more protected (85%) than children with disabilities (52%) and adults with disabilities (48%). The main obstacles lie in the lack of derivative regulations, budget limitations, weak coordination between agencies, and discriminatory practices in public services. This study recommends strategies to strengthen legal protection through regulatory reform, budget increases, and multi-stakeholder synergy between governments, communities, NGOs, and organizations of persons with disabilities.

Genetic testing of children is the subject of ethical and legal debate. On the one hand, the literature emphasises the personal interests and rights of the individual child. On the other, the interests of the parents and the family as a whole are discussed. English law relies by and large on a patient-centred approach where the child has some say about his/her medical care. The view reflected in Anglo-American guidelines, more specifically, is that testing is potentially harmful and may compromise the child's autonomy and confidentiality. This explains the reluctance to submit children to predictive genetic testing. An analysis of Israeli law, however, reflects a different approach, where the benefit to the child is defined more widely. This accords with the general communitarian position adopted by Israeli law, a legal position that reflects the duality of Israeli society in simultaneously promoting both fundamental human rights and family ethics. In practice, however, there may be little difference, as children in both jurisdictions have access to similar genetic services.

It is no coincidence that the UN Convention on the Rights of Persons with Disabilities is the first international human rights treaty in the 21st century. The Convention seeks to amend the social and legal status of persons with disabilities, including children, in a revolutionary way. The main goal is to remove social barriers by adopting a social model of disability in recognizing and exercising the human rights of persons with disabilities on an equal basis with other persons. Therefore, it is understandable that the rules of earlier international human rights treaties, such as the UN Convention on the Rights of the Child or the European Convention on Human Rights, are beginning to be directly adjusted to the this Convention. From the aspect of recognition and exercising of the rights of children with disabilities, the issue of accessibility to health care services is especially important. It insists on the application of the principles of reasonable accommodation, accessibility and non-discrimination so that children with disabilities have access to health care facilities on an equal basis with other children. This implies significant involvement of the state, local community and family in order to remove social and infrastructural barriers. Furthermore, the UN Committee on the Rights of Persons with Disabilities calls for an absolute ban on the forced detention and placement of children in health care facilities, while there is a very negative attitude towards the care of children with disabilities in social protection institutions. In this regard, an amendment to the domestic Law on the Protection of Persons with Mental Disabilities is required. According to the social model of disability, the family environment with the appropriate and effective support of the local community is a necessary environment for the realization of the rights of children with disabilities. When it comes to the consent of a child with a disability to a medical treatment, it is necessary to determine the child's capability to form views, as in the case of other children. In that sense, the mentioned child should be provided with appropriate assistance and support to express his / her views. This support consists primarily in the way in which the child is informed about the proposed medical treatment.

Palliative Care and Human Rights: A Decade of Evolution in Standards

The determination of a child’s origin is a key element in the realization of the child’s personal rights, including the right to a name, nationality, the right to know one’s parents, and the right to receive their care. This issue has become particularly relevant in the context of Russia’s invasion of Ukraine, as access to Ukrainian state authorities is absent in the temporarily occupied territories, and civil status acts are de facto registered by the bodies of the occupation administration. The article examines the key international standards for the protection of the rights of children born in the temporarily occupied territories in the process of determining their parentage. In particular, the provisions of the UN Convention on the Rights of the Child, the International Covenant on Civil and Political Rights, the Geneva Convention relative to the Protection of Civilian Persons in Time of War and its Additional Protocol, as well as the International Convention for the Protection of All Persons from Enforced Disappearance, are analyzed. The reports of international organizations (PACE, the UN) on the state of compliance with the rights of Ukrainian children in the temporarily occupied territories are also analyzed. The author examines the impact of the provisions of these documents on amendments to Ukrainian legislation aimed at adapting international standards. Particular attention is paid to legislative initiatives regulating the procedure for the state registration of births in the temporarily occupied territories, as well as to their compliance with international standards. As a result of the analysis of international treaties, three key functions performed by international standards for the protection of children’s rights within national legislation are identified: normative, promotional, and procedural.It is concluded that certain international standards implemented in national legislation, such as the simplification of birth registration procedures and the issuance of birth certificates, as well as the consideration of documents issued by the occupation administration as evidence of the fact of birth, contribute to the observance of the child’s rights to immediate birth registration, to a name and the acquisition of Ukrainian nationality, to know one’s parents and receive their care, and to the preservation of identity. All measures taken by state authorities are aimed at ensuring the best interests of the child, as required by international law.

The modern development of social relations and reproductive technologies has brought new questions and actualized interest in the situation of plurality on the father’s side. The problem that needs to be resolved is the search for a balance of interests of interested persons with a discrepancy between biological and legal paternity, taking into account the rights of the child, the search for an optimal solution. A European researcher focused on the ideal family model drew attention to the fact that it often does not correspond to social reality, which creates problems and does not always serve the interests of the child. The extension of the rights of the biological father is also considered in the context of legal protection of the sense of quality of life. The purpose of this work is to identify and study the rights of the biological father, to find a balance of interests and rights in the relations developing in the family sphere. The authors identified the interests of the parties, determined the objective rights of interested persons, determined the limits of the exercise of the rights of the biological father to establish paternity in the absence of a registered marriage with the mother of the child. Conclusions are drawn about the trends in the development of legal regulation, the need to maintain a balance of interests of persons in modern real relationships, taking into account the interests and rights of the child. It is noted that the identified problems are characteristic of different states; legal regulation based on a single presumption in different states has differences in the details and variants of behaviors established by the legislator. The conclusions drawn can be used as a basis for the development of concepts of fatherhood, proposals for the development of legislation regarding the exercise of personal rights of fathers and children, taking into account the balance of rights and interests of individuals.

ObjectivesEarly experiences influence children’s long-term cognitive, physical and psychosocial development.1 Children growing up in circumstances of disadvantage and marginalisation experience adverse developmental outcomes across the lifecourse.2 Lack of opportunities for...

This article analyses the role o f religious feelings concerning the regulation of the relations between spouses and between parents and children. According to the author, the term “religious feelings” should be distinguished from the term “freedom of conscience and belief’ which belongs to the personal rights. The view that religious feelings are also the personal  ights but of the subordinate nature must be rejected. The violation of religious feelings could be conceded as a reason for the breakdown o f marriage. Examining such violations, the subjective aspects should be taken into account. Parents are allowed to violate the personal rights of children connected with the religion when they are exercising their own rights deriving from parental authority or the right to upbringing children in a manner consistent with their own convictions. The unlawfulness of such actions is excluded because parents are acting in compliance with the law.&nbsp

In Ecuador, parental authority has evolved to align with international standards on children's rights, emphasizing the shift from a parental right to a responsibility focused on the child's best interest, as established by the Convention on the Rights of the Child. The primary objective of this study was to analyze the legal framework of parental authority in Ecuador and its influence on constitutional guarantees related to children's rights, using a qualitative methodology centered on document analysis. The research aimed to explore the dynamics between parental authority and constitutional guarantees, integrating legal and sociocultural perspectives through the review of relevant legislation, jurisprudence, and academic literature. The findings highlight a complex interaction between parental authority and constitutional guarantees in Ecuador, revealing a progressive orientation of parental authority towards the welfare and best interest of the child. This aligns with constitutional principles and international commitments undertaken by Ecuador. However, significant challenges were identified in implementing these principles within the Ecuadorian sociocultural context, underscoring the need for legislative and practical adjustments to effectively protect children's rights. The study concludes that the continuous adaptation of the legal framework and public policies, along with proper training for legal operators, is crucial to ensure the effective protection of children's rights and a proper balance between parental authority and constitutional guarantees in Ecuador.

Brave New Digital Classroom: Technology and Foreign Lan- guage Learning by Robert J. Blake. Washington DC: Georgetown University Press, 2008, vii-189 pp. Reviewed by Hye Ri Stephanie Kim University of California, Los Angeles Technology in the 21st century is not an option, but is a vital part of students’ lives. In the efforts to keep up with and take advantage of technological advance- ment, many schools integrate technology into their curriculum. However, one some- times comes across teaching practices that are technology-driven on one end of the extreme while on the other are teaching practices embodied by teachers’ resistance to use technology. Brave New Digital Classroom: Technology and Foreign Language Learning by Robert J. Blake aims to address all prevalent issues of instructional technology use and provides an overview of the most successful technologies used in language classrooms. In short, this small but highly resourceful book is the first of its kind to offer a comprehensive summary of technologies developed to assist language learning, with an emphasis on foreign language classrooms. It would serve as an excellent resource for language curriculum developers or instructors considering incorporating technologies into their program or teaching, as well as for graduate students who wish to get an overview on this topic. In the Preface and Chapter 1, Blake clearly sets the goal of the book and the theoretical basis from which his view on the incorporation of technology originates. The book is not intended to provide instructions on how to use technological tools. Instead, it offers an overview and evaluation of research and successfully used tools, thereby helping the readers to gain a broader understanding of them and encouraging the readers to conduct further research. The asset of the book lies in the fact that incorporation of technology is motivated based on Second Language Acquisition (SLA) theories, in particular the Interactionist Model, which states that social interaction is necessary for and facilitates L2 learning. It is an undeniable fact that living in a country where the target language is spoken provides students with abundant opportunities for input and social interaction. However, this is not a possible option for all learners. By presenting this gap between the ideal and the reality, the book guides the readers to the big question: Can technology then provide more opportunities for social interaction in classrooms? The book mainly focuses on answering this question. In addition, Blake emphasizes that the deci- sion to incorporate technology should be driven by principles of second language acquisition and should only be used in the service of language teaching and learning. By presenting such viewpoints in the beginning, Blake first sets up a rationale for and then justifies the use of technology in language classrooms. Issues in Applied Linguistics © 2009, Regents of the University of California ISSN 1050-4273 Vol. 17 No. 1, 67-69

In this era of increasingly extensive legal regulation of human behavior, there is one type of human conduct which seems almost unpermeable to legal regulation: the education of children. The problematics of exercising educational or disciplinary powers against children concern a variety of situations, including the prima facie infringements of many personal rights of children. The most typical limitation of the rights of children by disciplinary measures is, of course, corporal punishment, that is, by actual chastisement conducted by a parent, a guardian, a schoolteacher or any other adult responsible for the training or education of children. However, children are also liable to the infringement of other rights. To a great extent, a child does not fully enjoy many personal physical rights considered to be indisputable for an older person. Thus, for example, a child's detention against his will may not constitute false imprisonment, and the seizure of a child's most intimate personal property may not be considered trespass. It is only for the sake of simplicity, therefore, that I prefer to focus our short discussion on the most conspicuous instance of this general phenomenon, namely, the deliberate physical assault of children.

The right of the child and parents to enjoy each other's company is guaranteed by Article 35 of the Constitution of the Republic of Croatia, Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, and Article 7 of the EU Charter of Fundamental Rights. However, when parents do not comply with their responsibilities, duties and rights for the proper growth and development of children, there is a threat and/or a violation of the children's personal rights and well-being. If we begin with the understanding that children's personal rights and well-being are of the highest value and are part of the public order, the state must provide their protection, which includes not only the imposition of repressive measures, but also the provision of special care and assistance in preserving the family unit. The paper will provide an outline of the Republic of Croatia's international commitments concerning family law protection measures, as well as obligations emanating from national normative acts. In addition, the constitutional judicial practice and the practice of the European Court of Human Rights will be analyzed to determine whether the state follows its obligations to protect the rights of the child and parents when imposing repressive measures to protect the personal rights and well-being of the child, and de lege ferenda proposals for the improvement of national normative acts, i.e. guidelines for a more consistent application of the existing legal framework in the practice of imposing measures by which a child is separated from the family in accordance with European standards of respect for the right to family life.

Cybercrime today is one of the fastest growing types of criminal activity that encroach on various social groups of community. Today, in addition to criminal acts aimed at economic profit, the level of criminal infringements aimed at the personal rights of children, has increased, as has the involvement of minors in the commission of serious and particularly serious crimes. Crimes against children committed in the information environment are different from traditional forms of criminal abuse, and are characterized by particular cruelty, a high level of proficiency of perpetrators, anonymity (identity of a perpetrator is hidden behind an information code) and transnationality. Conditionally the activities of cybercriminals can be categorized as offences aimed at the personal rights of children and criminal acts aimed at involving minors in offences through the information environment. Cybercriminal activities include, inter alia, trafficking in children in information and telecommunications networks; sexual exploitation of minors, including involvement in prostitution; inducement of children to commit suicide; and others. Such acts constitute serious or particularly serious crimes aimed at violating the personal rights of children, whose protection requires the development of national legislation and constant international cooperation. The author believes that specific international treaties on cooperation in the detection of cybercrime should be concluded, as well as general rules on the definition of various forms of cybercrime.

Children's rights are an important part of internationally recognized human rights and are guaranteed by national laws, including in Indonesia. Fulfillment of children's rights involves the responsibilities of the government, society, and family, with a focus on civil rights, health, education, and children's participation. One of the main aspects of protecting children's rights is child support, which is the obligation of parents, especially fathers, both in marriage and after divorce. This study aims to analyze the fulfillment of child support after parental divorce from a comparative legal perspective between Indonesia and Malaysia. This study is a normative legal study with a conceptual, comparative, and legislative approach. The results of the study confirm that the comparison between Indonesia and Malaysia shows similarities in basic principles regarding the obligation of fathers to provide support, but there are differences in the law enforcement mechanism. In Malaysia, the sharia court system and the Family Support Agency (BSK) allow deductions from fathers' salaries to ensure payment of support, while in Indonesia, law enforcement depends on the judge's decision. Differences also lie in the position of Islamic law, where Malaysia makes Islam the official state religion, while Indonesia recognizes Islam as a source of legal values, but does not make it a formal state law. Nevertheless, both countries still prioritize the best interests of children in regulating custody and support after divorce.