Best Interests Of Child Research Articles

The repeal of Australia’s problematic family law presumption (and other amendments): cautiously welcomed – but what has been lost?

ABSTRACT Felicity Kaganas was intrigued by the legal concept of presumptions. She explored the presumption in the family law of England and Wales before and after its introduction in 2014. The presumption which began operating in the Australian Family Law Act 1975 (FLA) in 2006 stated that ‘equal shared parental responsibility’ (‘joint legal custody’ or guardianship) is in the best interests of children and created a legislative link between the making of such an order to shared parenting time orders. Many subsequent reviews of the FLA recommended amending the presumption, if not repealing it, but no changes were made. Meantime in England and Wales a less intrusive presumption was introduced, together with a Practice Direction intended to limit its over-use. Then in 2023 major changes to the FLA in Australia were introduced, including repealing the presumption. They became operative in May 2024. This article explores their potential to better protect parents and children who have experienced family violence. It also examines the potential consequences of the repeal of sections that provided guideposts when making shared care orders and others that rendered the past caring for children relevant. These losses could be detrimental to mothers and children who have lived with domestic and family violence or abuse.

Aceptación de herencia bajo beneficio de inventario para hijos menores de edad en el Estado Plurinacional de Bolivia

This investigation focused on proposing a bill that modifies article 1031 of the Civil Code, article 51 of the Family Code, and complements section f) of article 19 of the Notarial Law. The main objective is to establish that the acceptance of inheritance under the benefit of inventory by minor children is the exclusive competence of the Notary of Public Faith in the Plurinational State of Bolivia, in order to comply with the principle of the Best Interest of the Child. This work was based on the analysis of theoretical, empirical and statistical methods. The application of these methods made it possible to demonstrate the need to modify current legislation to guarantee compliance with the Best Interest of Children and Adolescents in the country. It is crucial to make these modifications without altering the fundamental rights enshrined in the relevant legislation, with the purpose of ensuring that the right to choose and decide is exercised in a timely, efficient and agile manner. In this way, the aim is for children and adolescents to feel that their rights are fully recognized and guaranteed.

Implementasi Diversifikasi Penanganan Anak Sebagai Pelaku Tindak Pidana Kekerasan

This This research discusses the implementation of the juvenile justice system in Indonesia with a focus on the application of the concept of diversion as an effort to protect children in conflict with the law. Children, as assets for the nation's future, often face various problems, including delinquency and criminal behavior which is worrying. Along with the flow of globalization, the development of information technology has had both positive and negative impacts on children, who often imitate the inappropriate behavior they see in the media. This research uses empirical juridical methods by collecting facts from human behavior both through interviews and observations. direct. The research results show that the application of diversion is effective in providing protection and rehabilitation to children in conflict with the law, as well as preventing them from repeating criminal acts in the future. Apart from that, this research also highlights the importance of synergy between aspects of structure, substance and legal culture in implementing diversion. Thus, diversion in the juvenile criminal justice system in Indonesia provides an opportunity to safeguard the best interests of children and prevent them from the negative stigma of the formal justice process. Law Number 11 of 2012 concerning the Juvenile Criminal Justice System is the main legal basis for implementing diversion, which is expected to increase legal protection for children and optimize their rehabilitation.

Ratio Decidendi to Impose Sanctions in the Best Interests of The Child

Law enforcement, in order to provide justice, must consider the benefits of imposing sanctions, especially on children, and prioritize the principle of the best interests of children. However, in practice, in imposing sanctions on children, judges have not optimally considered the benefits of imposing sanctions on children and have not prioritized the best interests of children because prison sentences are used more often than other alternatives, as in Article 71 paragraph (1) of the law. Number 11 of 2012 concerning the Juvenile Criminal Justice System. The research method used is normative juridical, namely a type of library research, which is sourced from primary legal materials in the form of laws, secondary legal materials in the form of books in libraries, and tertiary legal materials sourced from, among others: the internet, journals to obtain norms and rules that support the implementation of research. It is hoped that the results of the research will mean that when imposing sanctions on children, judges must really consider the benefits of the sanctions imposed on children. Sanctions are imposed to prioritize the best interests of the child's future so that it does not create a stigma that could actually damage the child's future.

FAMILY COURTS AND CARE PROCEEDINGS

The family court deals with some of the most sensitive cases involving vulnerable families, overseeing care proceedings, ensuring parents receive support and that decisions taken are in the best interests of children

PEMIDANAAN TERHADAP ANAK PELAKU TINDAK PIDANA PENCURIAN DENGAN PEMBERATAN DIKAITKAN DENGAN ASAS KEPENTINGAN TERBAIK BAGI ANAK

Providing insights and perspectives on the legal field, especially the trial of criminal cases involving minors in conflict with the law. The basis of normative legal research methodology, using a case-based approach to dissect legal issues in court decisions. The core of the investigation is contained in Article 70 of Law Number 11 of 2012 concerning the Juvenile Justice System, which safeguards the rights and welfare of children caught up in criminal justice. The critical analysis of how judges interpret and apply these legal provisions aims to explain the legal mechanisms for upholding the best interests of children in criminal proceedings, investigate the complex dynamics of ensuring that children in conflict with the law receive formal legal capacity, emphasise the importance of safeguarding rights and ensuring welfare during the legal process, and contribute insights that inform and enrich the discourse around the intersection between juvenile justice, criminal law, and the principle of the best interests of the child.

The Principle of Protecting the Best Interests of the Child in Vietnamese Divorce Law

Divorce can have adverse effects on children in many ways, which has been extensively studied and demonstrated in scientific literatureworldwide. Therefore, policymakers around the world, including Vietnam, have incorporated the principle of protecting the best interests of the child into their approach to addressing issues related to children during the process of their parents' divorce.This incorporation aims to reduce the negative impact of divorce on children and create a favorable environment for their comprehensive development. This article approaches the subject from the perspective of children's rights. Its objective is to introduce the application of the principle of safeguarding the best interests of children in the enactment and enforcement of divorce laws in Vietnam. It focuses on aspects such as determining the custodial parent, child visitation, child support, and changing the custodial parent

Determination and assessment of the best interest of children: drawing lessons from stakeholders and the need for interdisciplinary education; the case of Cyprus

ABSTRACT Protecting vulnerable children is always a challenging and difficult task. Many of the challenges stem from the nature of the difficulties that children come across in their life and especially from the duration of time they have been exposed to. Atat the same time, problems arise due to lack of working protocols amongst agencies, lack of common understanding amongst professionals on how they determine and assess children best interest. Therefore, this cross-section study, commissioned by the Ombudsman of Children Rights in Cyprus, collected data through individual interviews and focus groups that were analysed using the content analysis method. Content analysis is performed by identifying specific conceptual categories, as they emerge from the literature review and the analysis and conceptual connection of interview data. The study aims were to gain knowledge on how involved stakeholdersagencies (governmental and non-governmental) a) understand the determination and assessment of a child within their working environment b) what are the procedures currently in action, in order to guarantee children’s best interest (BIC) and finally c) the level of children’s involvement in the decision-making process. Results of the study indicated lack of coordinated interdisciplinary synergies, lack of common understanding amongst professionals on how to ensure children’s best interest (BIC) and need for setting up a common framework both in practice and teachingeducational level in order to secure children’s best interest. Therefore, this study highlighted the need for curricula update that will promote and enhance interdisciplinary practices in child care. Focus is mainly given on how social work education can adopt this study results.

Law Enforcement against Children as Perpetrators of the Crime of Sexual Abuse in the Study of Human Rights

Law enforcement against children as perpetrators of sexual abuse is a complex problem, especially in the study of human rights. This paper aims to discuss the efforts to balance between law enforcement and human rights protection for children as perpetrators of sexual abuse. The research in this paper uses descriptive analytical research specifications with a normative juridical approach method The results of the paper show that law enforcement on this issue is dominated by imprisonment sanctions for children and the protection of human rights is only limited while the child is undergoing the judicial process and criminal period. Meanwhile, the protection of children's rights after serving the criminal period has not been regulated in the law so that it needs to be reviewed through the reform of the Law on Juvenile Justice System. A balance between law enforcement and human rights protection with a progressive legal approach oriented towards the best interests of children needs to be carried out in order to create a fair juvenile justice system for children as perpetrators and victims.

Protecting the integrity of children and young people's nursing as a distinct field of practice.

At certain points in nursing history, it has been necessary to make a case for children and young people to be cared for by specialist nurses educated to meet their specific needs. However, in 2018 the updated Nursing and Midwifery Council (NMC) standards of proficiency for registered nurses adopted a generic rather than field-specific approach. This article reiterates that children, young people and their families have unique needs that are best met by nurses who are trained specifically to care for them. The case is made from a historical and legal perspective, concluding with a proposal that in the best interests of children, young people and their families, the NMC should embed specific competencies for children's nurses into its standards of proficiency to future-proof this field of practice.

“The day my son dies, I will die, too.” Shared decision-making through game theory in paediatric palliative care: A clinical case scenario

Shared decision-making processes are complex, especially in paediatric palliative care. Giving a voice to each actor -the child and his parents- are key to find the best outcome. We suggest that applying the principles of game theory, aiming to reach an equilibrium for each of the family members could be an innovative approach to tackle the challenges of shared decision-making processes. Through this clinical case scenario, for which we applied the principles of the game theory, we show how shared decision making might be more balanced to reach the best outcome. Moreover, we hypothesize that using the game theory approach might help clinicians and researchers in the field of paediatrics to optimize clinical outcomes in the best interest of children and parents.

China's criminal justice reforms against youth violence: punishment with leniency?

ABSTRACT The issue of addressing youth violence through criminal justice reform has been extensively studied in the Western world, particularly the United States. However, research investigating similar efforts in China has been relatively limited, with few normative studies being the exception. This paper presents China's approach to tackling youth violence by examining the nation's criminal justice reform initiatives in recent years. Specifically, this study examines China's implementation of a lower age of criminal responsibility and the Supreme People's Procuratorate's system for approving the prosecution of juvenile offenders. These measures do not necessarily contravene the best interests of children. Rather, they are implemented to address public concerns and to prevent unjust outcomes in individual cases. Furthermore, China's criminal justice system continues to emphasize the importance of forgiveness and care for young offenders. Thus, it is crucial to approach the issue of youth violence from a multidisciplinary perspective, incorporating considerations of pedagogy, criminology, and psychology, in addition to legal measures.

Відбування покарань неповнолітніми в країнах західної та східної Європи порівняно з Україною

The system of dealing with children in trouble with the law has existed for more than a century, starting with the creation of separate institutions for juvenile delinquents and "at-risk" children, which was soon followed by a series of regulations. Although different models have been in place from the very beginning, the predominant approach has been one focused on ensuring the well-being of the child, i.e. ensuring the best interests of the child. This approach is based on the concept of intervention in the best interests of children, which focuses on their needs, not their actions, and which is based on the involvement of social workers to assist the court in matters within their professional competence. Often around such juvenile justice systems there are socio-therapeutic and educational institutions for the rehabilitation and reintegration of juvenile offenders or those at risk of becoming one. Other juvenile justice systems that may be considered distinctive are based on a justice system that more closely resembles the criminal justice system for adults, or administrative commissions or other informal justice processes. In some countries, there are no (or very few) special provisions for juvenile offenders. As a result, there are huge differences in the forms and types of courts, services and institutions that make up the juvenile justice system. With regard to children in conflict with the law, the main aspect is that in criminal proceedings the latter, due to their age and immaturity, are assigned a separate regime, different from that applied to adult offenders. The prerequisite for this is the special vulnerability and limited capabilities of children whose development process has not yet been completed. Not only should any actions be evaluated in accordance with the standards of ensuring the best interests of the child, but the system itself should be responsive to the child's developmental needs in care, in order to ensure the reintegration of children into society as law-abiding citizens. Therefore, the juvenile justice system should focus its attention not only on the nature of the offense committed, but also on the root causes of its commission, as well as on the specific circumstances of each child.

The Contemporary Foster Care Legislative Framework in Greece: A Review of its Assets and Weaknesses

This review comprehensively analyzes the contemporary Greek legislative foster care system according to N4538/2018, exploring all the relevant international agreements such as the United Nations Convention on the Rights of the Child and the European Union's Charter of Fundamental Rights, that influenced its enactment. It highlights the rights and protection afforded to children in foster care, detailing provisions from the Hague Convention on the Rights of the Child and European legislation. It explores thoroughly the recent legislative reforms in Greece, including the establishment of the National Council for Foster Care and Adoption. It emphasizes the development and adherence to National and Special Registers for minors in the modern Child Protection System, as well as the implementation of Individual Family Rehabilitation Plans. It reveals that the recent legislation framework has many advantages but also a few weaknesses that could be amended. The legal procedures and criteria for placing minors in fostering in Greece, and the required criteria to ensure that foster parents meet the necessary guidelines to protect the best interests of children are discussed. This paper also examines the legal and procedural steps required to link children to foster families, the arrangements for supervision of foster parents and the consequences of fostering in cases of non-compliance. It is also proven that social workers play a key role in all stages and procedures of the application of the institution of foster care since they have taken up the main responsibilities for its implementation, prior, during and after the children are placed in foster parents. The article concludes that there is an imperative need for informed policies and practices that will ensure the adequate care and protection of minors in the foster system, recommending a synergy of legal, institutional, and educational strategies to optimize the welfare of foster children and support foster parents.

Tinjauan Sosiologi Hukum terhadap Permohonan Dispensasi Kawin sebagai Sarana Kepastian Hukum dan Kepentingan Terbaik bagi Pelaku Pernikahan Usia Dini

This paper examines the process of examining marriage dispensation cases prior to and following the enactment of Supreme Court Regulation Number 5 of 2019 concerning Guidelines for Adjudicating Marriage Dispensation Cases. This paper was written using a qualitative research method, specifically normative and empirical juridical approaches. According to the findings of this study, the provisions of Supreme Court Regulation Number 5 of 2019 have explicitly regulated several things that are not specifically regulated in the formal and material rules governing marriage dispensation. The adoption of this regulation is an anticipation and standardization for judges in making legal decisions, so that court decisions pay more attention to the best interests of children when granting a marriage dispensation application.

The Legal Practices and Challenges of Parental Authority, Custody, and Child Welfare Protection in Divorce Cases Under German Family Law

This paper examines the intricacies and challenges inherent in the German legal system’s approach to parental authority, custody, and child welfare within the context of divorce proceedings. Grounded in the principles of the Bürgerliches Gesetzbuch (BGB), the review explores the commendable commitment of German family law to the welfare and best interests of children during the tumultuous process of divorce. Through a critical lens, it delves into the dynamic interplay between joint and sole custody arrangements, the pivotal role of children’s voices in judicial decisions, and the enforcement of custody and visitation rights. Additionally, the paper scrutinizes the complex landscape of international custody disputes, emphasizing the necessity for nuanced interpretation and application of the Hague Convention on the Civil Aspects of International Child Abduction. Comparative analysis with international norms, particularly the UN Convention on the Rights of the Child, unveils areas of alignment and divergence, spotlighting opportunities for enhancing cross-border cooperation and ensuring a child-centered approach in custody disputes. Proposals for reform are articulated, advocating for structured mechanisms to integrate children’s perspectives, standardized assessments of the child’s best interest, and strategies for the effective enforcement of custody orders. Emphasizing the importance of domestic reforms and international collaboration, the review argues for ongoing evaluation and adaptation of legal practices to better protect children’s interests amid evolving family dynamics and global challenges.

Legal Protection for Children Against the Threat of Addictive Cigarette Substances

Purpose: This research aims to find legal protection for children under the age of 18 from the threat of dangerous addictive substances contained in cigarette products. Methode: The type of research is normative-juridical. Result: The research results show that legal protection for children under the age of 18 from the threat of dangerous addictive substances contained in cigarette products from the perspective of child protection law and the Child Rights Covenant is in accordance with the basic principles of children's rights in the Child Protection Law and the Covenant Children's Rights, namely; the principle of non-discrimination, the principle of the best interests of children, the principle of child survival and development, and the principle of respect for children's opinions . The government should immediately ratify the Framework Convention on Tobacco Control (FCTC) or the Tobacco Control Framework Convention to strengthen regulations for protecting children from the dangers of smoking which threaten their health and growth and development. Conclusion: The essence of legal protection for children under the age of 18 from the threat of dangerous addictive substances contained in cigarette products from the perspective of child protection law and the Child Rights Covenant is in accordance with the basic principles of children's rights in the Child Protection Law and the Child Rights Covenant, namely; the principle of non-discrimination, the principle of the best interests of children, the principle of child survival and development, and the principle of respect for children's opinions

Reflexiones contractuales sobre el Plan de Alimentación Escolar (PAE) en Colombia: un análisis de los casos de La Guajira, Cesar y Santander

The present research project emphasizes the significance of the School Feeding Program (PAE) as a guarantor of the right to food for children and adolescents enrolled in the official education system of the country (Magin Yara et al., 2021). Attention is directed towards the contracting process carried out by the State for the implementation of school feeding plans, with the purpose of evaluating the level of compliance with state objectives, particularly the safeguarding of the best interests of children. The methodology used in this research is qualitative, employing a descriptive method to thoroughly characterize the object of study and the associated variables (Arias Gonzáles and Covinos Gallardo, 2021). This approach allows for a meticulous exploration of possible irregularities in the school feeding plans' contracting process, as well as those generated by an ineffective execution of contracts intended for that purpose. Issues have been identified in the contracting processes of the PAE in the departments of La Guajira, Cesar, and Santander, where the fundamental rights of children have been violated. Particularly in communities with scarce state presence, located in remote rural areas or difficult-to-access zones due to the lack of road infrastructure and the country's topography. These regions face limitations in economic resources and lack access to digital tools and resources, such as internet service, imposing significant barriers to the effective access of control and supervision entities to the PAE program (Moreno Páez and Moreno Rodríguez, 2020). The research technique used is documentary and bibliographical analysis, enabling studies on national and international reports, governmental and non-governmental, as well as national and international regulations. Finally, data triangulation is employed to cross-reference information obtained from different sources, while hermeneutics is used to interpret the data and understand the studied phenomena. In conclusion, this research on the School Feeding Program in Colombia highlights the importance of ensuring the right to food for children and adolescents in the country's official education system. Additionally, problems in the contracting processes of the PAE in the departments of La Guajira, Cesar, and Santander are identified.

How ‘Ought’ the Best Interests of Children be Considered in Medical Decision-making?

This summary reports on the design and proceedings of a collaborative case-based workshop and panel on how we ‘ought’ to consider the best interests of children in medical decision-making, presented virtually at the Canadian Bioethics Society - Société Canadienne de Bioéthique Workshop and Community Forum in May of 2023.

Children and sports

Every child has the right to play. Sports, therefore, play a valuable role in children’s development and growth. Starting from Article 31 of the UN Convention on the Rights of the Child, numerous other international, supranational, and national legal sources define children’s right to play sports with the purpose of developing their whole personality. Indeed, sports allow children to engage in the exercise necessary for correct psychophysical development; improve children’s social inclusion, and aim to offer equal opportunities to all children in promoting their social life. The right to engage in play and recreational activities is an important right of every child, which must be exercised taking into account the right to health, as well as the possibility to rest and the choice “not to become a champion at all costs,” likewise other important children’s rights that will be analysed in the paper. It will also reflect on the moment when recreational sports turn into competitive sports, where competitive dynamics make the appreciation of the protection of children’s rights much more complex. Considering the central role played by parents and trainers in ensuring that children practice sports in a manner most appropriate to their balanced psycho-physical development, the best interests of child will be considered in relation to the abovementioned demanding dynamics of competitive sport. The aim of this paper is to investigate whether fundamental rights are respected in sports activities involving children, trying to raise awareness of the position of minor athletes in the world of sports since they are particularly vulnerable and in need of protection.