Best Interests Of Child Research Articles

PENERAPAN ASAS KEPENTINGAN TERBAIK ANAK: TELAAH IJTIHAD HAKIM PENGADILAN AGAMA DALAM PUTUSAN HAK ASUH ANAK

The study of child protection in Islam remains an interesting topic in several family law studies. This is because there are several views of scholars and judges related to children's rights such as child custody, inheritance, protection of orphans out of wedlock and so on. This paper discusses the judge's ijtihad in determining child custody in religious court decisions to fulfill children's rights. This paper will focus on analyzing of five court decisions and the judge's legal arguments. This study uses a juridical-normative approach by focusing on the enforcement of provisions related to children's rights and the principle of the best interests of children on the judge's legal attitudes and arguments. The author finds at least two types of arguments used by judges in cases related to lineage and children's rights: legal reasons based on legal-maslahah and maslaḥah sosial based.

Educators' Attitudes Toward Inclusive Education in Zambia: A Brief Report

ABSTRACT Attitudes towards educating children with disabilities have changed dramatically over the past 25 years in the African Sub-Saharan country of Zambia. Some children with special needs have come to be respected and offered educational opportunities to maximise their potential. These opportunities have included specialised schools and equipment, as well as teachers trained to offer specialised teaching methods. The early practice of educating children with disabilities in schools separate from ‘regular’ children has been re-evaluated and the concept of ‘inclusion’ has been implemented for many. This has resulted in changes in teacher preparation and social acceptance of children with handicaps, but little government support is provided. Some educators remain unconvinced that inclusion is in the best interest of children with and without disabilities. However, most feel that while inclusive practices are helpful, resources are inadequate to maximise the positive effects of inclusion. This brief report details the advancements and current attitudes towards inclusive education of children with disabilities in Zambia.

DIFFICULT CASES IN THE ASSESSMENT OF CHILD ABUSE

Çocuk istismarı iddialarının değerlendirilmesi oldukça zor ve karmaşıktır. Ancak karıştırıcı pek çok etken nedeniyle istismar iddialarının değerlendirilmesi bazen daha da zorlaşmaktadır. Yaşı küçük çocuklar, özel gereksinimli çocuklar, ebeveyn anlaşmazlıklarının arasında kalan çocuklar, ifadelerini geri çeken çocuklar, aile içi istismar mağduru çocuklar bu olgulardan bazılarıdır. Uzmanlar istismar iddialarını değerlendirirken bütün olasılıkları göz önünde bulundurmalı, her vakayı dikkatlice incelemelidir. Değerlendirme sürecinin multidisipliner ekipler tarafından belli kurallar çercevesinde yapılması bu olgularla ile ilgili karmaşık durumları azaltabilir, uygun karar vermeyi, çocukların yüksek yararını korumayı artırabilir. Bu makale ile çocuk istismarı iddialarının değerlendirilmesinde karşılaşılan zor olguların incelenmesi planlanmıştır.

A review of perceptions, challenges and prospects of child adoption in nigeria

Child adoption in Nigeria is still an evolving process .The enactment of the Child's Right Act in Nigeria has legalized child adoption. The Objective of this study include to access the perception of child adoption in Nigeria; to determine the challenges of child adoption in Nigeria, and to investigate the prospects of child adoption in Nigeria. The method used was to explore secondary data, policy documents, existing studies and reviews from scholars, local and international organizations. Perception of child adoption slightly vary across the country, with most Nigerian having fair knowledge of the term “child adoption” which does not translate into its practice .It was also shown that infertility is the main factor that has influenced the rate of willingness and acceptability of child adoption in Nigeria. However, the ideology that biological ties are fundamental to family relations is associated with several stigmatizing beliefs about adoption, which may cause both the adoptee and the adoptive parents to feel socially marginalized and devalued. Just like other part of the world, child adoption in Nigeria is faced with several challenges ranging from stigmatization, unknown parental background, possible inherited or genetic diseases, psychological and religious beliefs, poverty, establishment of illegal adoption and orphanage homes, future claim by the biological parents, disloyalty or abandonment of adoptive parents the child when the child learns that he or she was adopted. The future prospects of child adoption lie in Nigerians taking seriously the principles and standards enunciated in the international adoption law of Nigeria that the best interest of children (which include their survival, development, protection and participation) should be the guiding principle in the whole adoption process. In conclusion , the perception, challenges and prospects of child adoption reviewed in this study shows child adoption in Nigeria is still evolving and requires the government, churches, other religious bodies, NGOs, individuals and the public at large to join hands in welcoming and implementing the right practices of child adoption, as well as ‘Child's Right Laws' .

In whose best interests? The ECD regulatory framework, understandings of the best interests of the young child and access to quality early education

The Constitution of the Republic of South Africa 1996, and early childhood development policy, legislation and regulations prioritise the best interests of the child. The United Nations Committee on the Rights of the Child General Comment 7 provides guidance on how best interests should be applied for young children to protect their rights and promote their survival, protection, and development, as well as measures to support and assist parents and others responsible for realising children’s rights. The ECD regulatory framework defines quality standards and monitoring is undertaken by local government and provincial education departments. The Children’s Act 38 of 2005 (as amended) provides for ‘developing appropriate parenting skills and capacity of parents and caregivers to safeguard the well-being and interests of children’. These align with General Comment 7. However, a conspicuous gap in the regulatory framework is the limited focus on the programme quality critical for realising the right to education. Further, we contend the contextual factors are not sufficiently considered in the application of ECD regulations. Using a case study approach, we explore how the best interests of the child, regarding access to quality early education, are interpreted by different stakeholders in a diverse, vulnerable community and compare these views with the operationalisation of the best interests principle in our regulatory framework.

Pelaksanaan Hak Keperdataan Anak dari Orang Tua Putus Perkawinan Karena Talak

Child protection, among others, is regulated by the provisions of the Convention on the Rights of the Child ratified by the Government of Indonesia through Presidential Decree Number 36 of 1990 which states the general principles of child protection, namely nondiscrimination, the best interests of children, survival and growth and development, and respect for children's participation. These principles are also contained in the provisions of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection established by the government so that children's rights can be implemented in Indonesia. Thus Civil rights for children whose parents are divorced because of talak according to the Indonesian legal system have obtained guaranteed legal protection. and The implementation of the civil rights of children of parents who break up from marriage because of talak in the Religious Court cannot be implemented as it should be because in the reality of the application of the law, the civil rights of children are only in the form of a living. The divorce of parents is a scourge for their children who should get full affection from both. A child has basic rights as stated in article 2 of Law number 4 of 1979 concerning child welfare.

Emergency Education Principles Child Friendly Based in Sister Village System Implementation (Mitigation of Mount Merapi Eruption Disaster)

Emergency education is held when a disaster occurs and is intended for children affected by the disaster. The implementation should be child-friendly so that the child's psychological condition is not disturbed or depressed. But in reality, many are held spontaneously and are influenced by external factors. This study aims to examine the principles of emergency education that is implemented on a child-friendly basis in the implementation of the sister village system (Mitigation of the Mount Merapi eruption disaster). The research method used is qualitative, with data collection techniques using FGD, interviews and observations. The research subjects were 15 volunteers from the Merapi Emergency School volunteers, Al Qur'an Education Park, the Krinjing Village Disaster Risk Reduction Organization and the Village Disaster Management Institute. Meanwhile, the informants were children who were affected by the eruption of Mount Merapi from Krinjing Village, Dukun District, who lived in the Deyangan Village Refugee Command Post and the Deyangan Village Refugee Post Coordinator. The object of the research is the implementation of all the principles of emergency education for children living in the Deyangan Village Refugee Post in the implementation of the sister village system. Data analysis techniques with data collection, data presentation, data reduction, verification / drawing conclusions. The results showed that the emergency education held had implemented child-friendly principles, namely non-discrimination, activities oriented towards fulfilling the best interests of children, creating an environment that respects children's dignity and ensures holistic and integrated development, respect for children's views, good education management.

“We make new families:” findings from a family court mediation study

AbstractMediation was brought into family court cases as a divorce litigation alternative. Today, parents are not only encouraged but mandated across most U.S. states to consider mediation before further court action can be taken. Research has not kept up with understanding how publicly mandated and subsidized mediation services become part of court cases and possible case resolution. This article reviews how mediation has evolved from outside alternative to family court “workhorse” within a family dispute resolution paradigm centered on shared parenting as in the best interest of children. Research results from a family court mediation program are presented to highlight how parents encountered and responded to mediation as an embedded part of today's family dispute resolution paradigm/court system. Especially in cases that keep coming back to court, family dispute resolution has become a means of “making family” as much as supporting family separation. Implications for practice include limitations of a mediation service as provided in an under‐resourced court and ultimate reliance upon parents to uphold the best interest standard through ongoing co‐parenting interactions.

Legal Protection for Children as Victims of the Crime of Sexual Intercourse

This study aims to determinelegal protection for children as victims of the crime of sexual intercourse.The method used in this research is empirical research methodology. This study uses a qualitative approach and sampling using purposive sampling and using descriptive qualitative analysis techniques. The results of this study indicate thatLegal protection for child victims of the crime of sexual intercourse is given with the aim of protecting victims, especially victims of sexual intercourse in order to get their rights as victims by way of children getting health services as an effort to restore the condition of children as victims of sexual intercourse, children also get legal protection in terms of legal aid, rehabilitation, and prevention. The need for a fair criminal law settlement for victims of sexual intercourse, which adds or considers the rights of victims of sexual intercourse and parents should participate in efforts to provide protection for children by fulfilling children's rights, protecting the best interests of children, and increasing supervision over children. environment and children's play area.

Protection of Children’s Rights and Interests in Transnational Surrogacy -- From the Perspective of Parent-Child Relationship

The development of artificial reproductive technology and the legal difference of surrogacy lead to a large number of transnational surrogacy children and many disputes about the legal parent status of transnational surrogacy children. The main reasons for the difficulty in identifying the parental relationship of the present transnational surrogacy children are the different identification of the surrogacy agreement and the parent-child relationship in different countries, the emergence of the "lame parental right" caused by the application of the principle of public order, and the reflect to recognize the transnational surrogacy parent-child relationship on the grounds of legal evasion.Based on the analysis of the reasons for the difficulty in identifying the parent-child relationship and the experience of determining the surrogate parent-child relationship in various countries, the exploration of the path to determine the parent-child relationship of the transnational surrogacy children mainly includes establishing the parent-child relationship according to the surrogacy agreement, establishing the adoption relationship to establish the parent-child relationship, and redefining the parent-child relationship according to the conflict norms of the country where the intended parents are located.At present, there is no basic law to regulate surrogacy in China. In practice, the legal parents of surrogacy children are established in the way of confirming the parentage of factual support. On the premise of balancing the best interests of children and social public order, we should protect the right of identity of transnational surrogacy children by perfecting laws and regulations, and maximize the function of technology to benefit mankind.

Reviewing the impact of COVID-19 on children’s rights to, in and through education

ABSTRACT Emergency legislation introduced internationally since the beginning of the COVID-19 pandemic saw the closure of all levels of educational settings and a shift to remote teaching. Drawing lessons from an independent child rights impact assessment (CRIA) in Scotland, United Kingdom, this paper reviews the impact of COVID-19 measures on children and young people’s rights to, and experiences of, education during the current crisis. Findings highlight that while measures sought to preserve the best interests of children and their basic rights to safety, a distinct lack of consultation on the impacts of the measures undermined the interdependency and indivisibility of children’s human rights. Three human rights principles – participation and inclusion, non-discrimination, and mutual accountability of family and the State – were identified as being particularly significant in this assessment. Looking forward, findings point to the need for extending the range of perspectives involved in child rights impact assessments in times of crisis – where human rights are at even greater risk of being breached – and the significance of a children's rights-based perspective for re-imagining education altogether.

아동학대 조사 공공화 정책 이후 지역 아동보호전문기관 상담원의 업무 경험

In October 2019, a policy to publicize child abuse investigations was introduced as a detailed task for the Inclusive Country Child Policy, as a part of strengthening the responsibility of local governments for the best interests of children. The policy for publicizing child abuse investigations established a shared system in which the public sector performs the entire process from child abuse investigations to follow-up and the private sector carries out case management. At this point when the national responsibility on child abuse is strengthened, this study aims to explore changes in the field after the policy and to suggest improvements. Therefore, this study conducted a qualitative study with 18 local child protection agency counselors to find out what their work experiences were after publicizing child abuse investigation policy. As a result, the experiences of counselors at local child protection agencies after the policy were analyzed in two themes. First, they were experiencing ‘transition to case management-focused institutions’ as ‘expectancy effects of publicizing child abuse investigations’. Second, ‘the emergence of new problems and the failure to resolve old tasks due to publicizing child abuse investigations’ revealed ‘limits due to collaboration in heterogeneous organizational systems’ and ‘factors hindering the transition to specialized case management institution’. The implications of the findings are discussed.

Determination of children in conflict with the law in the child criminal justice system

The present study aims at; first, reviewing and Analyzing the terms of detention of children in conflict with the law are in balance with the best interests of children according to the Juvenile Criminal Justice System; second, reviewing and analyzing the considerations of law enforcement officers in detaining children in conflict with the law in the Juvenile Criminal Justice System. The research was conducted using a empirical normative research method using a statutory approach, a case approach and an analytical approach by connecting problems related to issues and strengthened by data / information on field facts so that answers to the problems being studied are obtained. The results of the research that has been carried out, the concluded: (1) The terms of detention in the criminal justice system for adults are the same as the detention conditions set by the juvenile criminal justice system. However, the implementation of child detention is always focused on the best interests of the child and the balance of interests so that the child will not be harmed in the applicable law.

Legal Regulation of Cross-border Surrogacy: A Comparison Based on China, Vietnam, and Russia

In the era of advanced medical technology and frequent international exchanges, reproductive tourism is on the rise, the problems it poses have attracted the attention of countries. Taking China, Vietnam, and Russia as research samples, the article points out the differences laws on surrogacy create opportunities for intending parents to circumvent domestic law. The recognition of parental rights of prospective parents, according to the best interests of children, makes it even less worrying. From the perspective of fundamental rights, the article argues that surrogacy is the only means of realizing reproduction for people suffering from uterine diseases. 'External tolerance' will intensify the conflicts between the rich and the poor and lead to high costs of unidentified evidence collection. That is why prior supervision is necessary. The author proposes that legislation should explicitly allow limited surrogacy and regulate the conditions and parenthood so that it can apply under control. At the international level, China, Vietnam, and Russia face the common problem of surrogate children's rights. Based on the accumulation of multilateral or bilateral treaties, they should actively participate in and promote the process of global conventions based on common concerns while paying attention to the progress of HCCH

The Balance Between the Public Order Preservation Policy and the Protection of Children's Interests in Cross-Border Surrogate Parentage

The international community is widely divided on the validity of surrogacy, which has led to the phenomenon of cross-border surrogacy conflicts and triggered the application of public order reservation on the issue of cross-border surrogacy and recognition of foreign surrogacy judgments. In the process of applying public order, the judges of various countries are prone to abuse their discretionary power due to the rigidity of the connotation and theory of public order, and the unclear standard of invoking public order, which interferes with family life and is detrimental to the protection of children. This paper argues that in the parent-child relationship of cross-border surrogacy, public order reservation and protection of children's interests are equally important issues, and cross-border surrogacy judgments should strike a reasonable balance between public order reservation and the principle of the best interests of children. Not only it is necessary to enrich the theory of public order reservation and improve the rules of its application, but the principle of the best interests of the child should be implemented to the greatest extent possible to protect the interests of the surrogate child.

Relationships matter: Exploring the implementation of the Quality Parenting Initiative and the foster parent experience

AbstractQuality Parenting Initiative (QPI) is a systems reform approach aimed at strengthening the quality parenting practices of foster parents, and their support by child welfare workers. QPI has been implemented in over 80 jurisdictions across 10 states; however, no external evaluation has informed its development. This study explored perceptions of QPI's impact on the foster parent experience, with a particular focus on foster parent involvement in implementation efforts and strengthening stakeholder relationships. Semi‐structured qualitative interviews were conducted with non‐relative foster parents (N = 31). Data were analysed through thematic analysis, and a codebook was developed to adequately capture patterns in perspectives across the interviews. Study findings indicate that QPI improved the relationships between foster and birth parents through specialized training and peer‐support groups that challenged biases, articulated the roles and expectations of caregivers, and cultivated a team‐based approach to meet the best interests of children in care. Foster care agencies may benefit from incorporating strategies that promote frequent, positive interactions across stakeholders. Strengthening these relationships may be the first step in reimagining the roles of foster parents in family reunification.

Criminal law policy in the framework of children contact with the law

The dynamics of criminal law in Indonesia are currently experiencing complexity, because there are still children who commit legal acts such as violence, destruction, or child delinquency that results in murder. However, this is triggered by the unstable psychological and mental state of the child, the surrounding environment or way of life that grows and develops in people's lives as well as civility in communicating and socializing with people's lives. Distortion of children who are in conflict with the law when they have to prioritize attitudes, morals and skills, so there needs to be a criminal law policy in order to prioritize human values and skills (soft skills) when they are processed in correctional institutions. This research is focused on fostering skills and creativity for children who are in conflict with the law at the correctional institution at the UPT for Social Protection and Rehabilitation Marsudi Putra Surabaya. This study uses a sociological juridical approach by emphasizing research that aims to obtain legal knowledge empirically by going directly to the object. If you look at the results and analysis of the findings, that children who are in conflict with the law have felt mentally and psychologically destroyed, so they need to be triggered by skill activities such as making crafts and technology in the penitentiary at the UPT for Social Protection and Rehabilitation Marsudi Putra Surabaya. Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA) mandates the formation of the Child Special Guidance Institution (LPKA). This is an improvement step towards fostering children who are in conflict with the law, because before LPKA was formed, it was still found that child prisoners were placed in one penitentiary joining adult inmates. At the Social Protection and Rehabilitation UPT Marsudi Putra Surabaya, the reality is that LPKA has been formed by carrying out activities that support productivity and skills. What happened to the Directorate General of Corrections at the Ministry of Law and Human Rights to: first, prepare LPKA officers from various disciplines, such as psychologists, crimonologists, criminal experts, and sociologists; second, increasing training related to fostering children in conflict with the law for LPKA officers; and third, increasing cooperation with relevant agencies in providing guidance for children in conflict with the law. Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA) aims to create a court that truly guarantees the protection of the best interests of children in conflict with the law. The SPPA Law is a substitute for Law No. 3 of 1997 concerning Juvenile Courts (Children Court Law), because the Juvenile Court Law is considered no longer in accordance with legal needs in society and has not comprehensively provided special protection to children in conflict with the law.

The best interest of children born through medically assisted procreation procedures as construed in 2021 Italian Constitu- tional Court rulings 32 and 33.

The authors have set out to briefly analyze the 2021 Constitutional Court rulings n.32 and 33, regarding the situation of children born in, or otherwise being raised by, same-sex couples. Such judgments address the problem by taking into account the fundamental principle of the child's best interests. This article is meant to highlight the issues that may arise if such interests were to be translated into specific law provisions or safeguards for the children's sake. Moreover, the authors aimed to focus on the valuable elements laid out in the Court rulings, while also highlighting the more critical and controversial elements therein.

Children’s Rights and Oral Health

Despite clear legal promulgations by section 27 of the Constitution and Children’s Act 38 of 2005, the best interests of children are generally undermined or ignored. The lack of respect for the rights of children is difficult to quantify; the extent to which “children are seen and heard” is under-reported. Culture, religion, patriarchy and socioeconomic condition are among the factors that exacerbate blatant disregard conditions for children’s rights. Health care professionals are not adequately informed about the rights of the child and how to ensure that their interest are protected during oral health care. Consequently, children may suffer neglect and harm during dental care. Practitioners must familiarize themselves regarding their responsibilities and roles when treating children. Additionally, teaching institutions and regulatory bodies must provide continuous professional development on legislation that regulates the protection of children within health care service. This case study seeks to provide a legal framework for oral health practitioners when dealing with consent for minors during dental care.

Evolución del concepto de familia desde la Constitución de 1991

Over the years, the family has faced great transformations in its composition, functioning and scope, as a consequence of the fluctuating links between people. The new forms of cohabitation have not always been protected by the legal system. Therefore, the overall objective of this paper is to analyse the evolution of the legal concept of "family" in Colombian law over the last thirty years, by means of a theoretical documentary review of legal dogmatics. Initially, it shows the legal panorama of the family and its members prior to the 1991 Constitution, in which the legislator did not have constitutional criteria and how it timidly began to establish differences in the treatment of the rights of married women and children. Additionally, it shows the progress in the protection of the best interests of children and how legal and natural ties are no longer the only formula for the configuration of families, the forms of human coexistence are more broadly conceived. In this respect, the family concept has implied the call for new normative provisions - more appropriate to these realities - and, failing that, extensive interpretations of the already existing norms.