Civil Rights Of Children Research Articles

The Status of Children Outside of Marriage and Its Relevance to the Reform of Islamic Family Law in Indonesia

This research discusses the Status of Children Outside of Marriage and its Relevance to the Renewal of Islamic Family Law in Indonesia. This research aims to find out specifically how the status of children outside of marriage and its relevance to the reform of Islamic Family Law in Indonesia. The method used in this research is the method of collecting data through library research. Data is collected by collecting information from various sources of literature, such as books, journals, magazines, and so on. From this research, it can be concluded that the scholars agree that children born out of wedlock have family ties both with the mother and her family. This is also the case in the laws and regulations governing marriage law in Indonesia which stipulate that the only civil relationship of children born out of wedlock is with the mother and her family. Nevertheless, the plaintiff permitted the Constitutional Court to conduct a judicial review, especially to ensure that her child was given permanent legal status and accepted by the defendant's family. After the respondent disputed the existence of the child and ignored the child's civil rights, including payment of monthly living expenses and school fees, the plaintiff was forced to take legal action. Thus, the Constitutional Court decided to partially grant the petitioners' claims based on the reasoning of the Panel of Judges. It was an extraordinary ijtihad when the Constitutional Court issued a new ruling on the status of children born out of wedlock. The Constitutional Court's decision is supported by arguments that are in the public interest (al-mashlahah al-'ammah), including protecting the future of children and providing a deterrent effect on men who have free sex so that adultery does not become commonplace. At least today, we can observe that legal progress in Indonesia also considers vulnerable groups, especially children.

IMPLEMENTASI KEBIJAKAN KARTU IDENTITAS ANAK (KIA) DI KABUPATEN LEBAK

The Central Government's efforts to implement the Child Identity Card (KIA) program as the newest population administration program, namely to become a concrete form of protection for children as the state's obligation to protect every citizen, where recently there has been a phenomenon of deprivation of civil rights for children. This research aims to determine the implementation of the Child Identity Card (KIA) policy or program at the Lebak Regency Population and Civil Registration Service. This implementation can be known by using the concept of Policy Implementation according to George C. Edward III whose dimensions include Communication, Resources, Disposition, Bureaucratic Structure. The research was conducted using descriptive methods with a qualitative approach. The results of the research show that the implementation of the Child Identity Card (KIA) program in Lebak Regency has not been fully maximized, one of which can be seen from the socialization which has not been maximized, then the delivery of information which is not clear, the condition of the facilities is less than optimal, the attitude and commitment of the Dukcapil Office in implementing the KIA program Less than optimal and assessment of the implementation of the KIA program that is less than optimal. Recommendations for this research; (1) Socialization should go directly to the school, involving teachers and student guardians. (2) Provide clear information both offline and online. (3) The condition of the seating facilities must be improved. The recommendation for further research is to conduct a policy evaluation study to assess the output of the KIA program in Lebak Regency in particular and generally to carry out comparative studies in several regions in Indonesia.

STATUS OF CHILDREN OF AHMADIYYA MARRIAGE BASED ON THE PERSPECTIVE OF ISLAMIC SHARIA AND LAW NO. 1/1974

This research focuses on the status and position of children resulting from marriages between Muslim women and Ahmadiyya men or vice versa. In terms of Islamic law, the Indonesian Ulama Council said that the Ahmadiyya sect is not a Muslim religion. If Ahmadis marry Muslim women, it will have implications for the status of their children, namely the status of children from marriages with Ahmadiyya from the perspective of the Islamic Shari'at Court with positive law. In this case the positive law in Indonesia indirectly gives magnitude norms so that it has an impact on the status of interfaith marriages so that all children born from these marriages, their civil relations must be registered with the civil registry. Thus, this shows that the civil rights of children out of wedlock which have implications for civil rights, nafaqah (living expenses), guardianship, and inheritance, are obtained from the father and his father's family as long as these problems only apply to same-religious marriages. As for civil rights to children out of wedlock who are not based on out of wedlock such as the result of adultery, incest, living together and the like or even interfaith marriages, the civil rights are only for the mother and the mother's family.

Implikasi Putusan Mahkamah Konstitusi Nomor 46 Tahun 2010 Terhadap Hak Dan Kewajiban Keperdataan Anak Hasil Pernikahan Siri Dalam Undang-Undang Nomor 16 Tahun 2019 Perubahan Atas Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan

Abstract: Constitutional Court Decision Number 46 of 2010 accommodates the civil rights and obligations of children of sirri marriages. This decision has implications for civil rights and obligations that are not stipulated by Law Number 16 of 2019 amendments to Law Number 1 of 1974 concerning Marriage. This study aims to analyze the implications of the results of the decision of the Constitutional Court Number 46 of 2010 on the civil rights of children of unregistered marriages with their biological fathers. This study also aims to analyze the implications of the results of the Constitutional Court decision No. 46 of 2010 on the rights and obligations of children of unregistered marriages regarding the provisions of Law No. 16 of 2019 amendments to Law No. 1 of 1974 concerning Marriage. This research is a type of qualitative research that reveals the implications of civil law and rights and obligations for children of sirri marriages. This research is also library research, examining the implications of the decision of the Constitutional Court Number 46 of 2010 on the civil rights and obligations of children of siri marriages that are not stipulated by Law Number 16 of 2019 amendment to Law Number 1 of 1974 concerning Marriage. The primary source of research data is the document resulting from the decision of the Constitutional Court Number 46 of 2010 concerning children of sirri marriages. This research is also supported by secondary sources in the form of documents resulting from other decisions, as well as related research results. This research data collection method through documentation of primary sources and secondary sources. This study uses a normative juridical approach by explaining the implications of civil rights and obligations for children of sirri marriages with the perspective of the results of the Constitutional Court’s decision. The results of the study show that the decision of the Constitutional Court Number 46 of 2010 has implications for the civil rights of children of siri marriages with their biological fathers but must be based on reliable evidence. Decision of the Constitutional Court Number 46 of 2010 has implications for the rights and obligations for children of a siri marriage with legitimate children as regulated in articles 45 to 49 of Law Number 16 of 2019 amendments to Law Number 1 of 1974 concerning Marriage. Keywords: Constitutional Court, Civil Rights and Obligations, Sirri Marriage

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.

Perlindungan Hukum Terhadap Hak-Hak Keperdataan Anak Dari Perkawinan Campuran Yang Tinggal Di Indonesia Berdasarkan Undang-Undang Nomor 12 Tahun 2006 Tentang Kewarganegaraan

There were many cases derived from transnational marriages. For an instance, many Indonesian international students have married their spouses from the country where they are studying. Transnational marriage is prone to future conflicts, especially regarding the status of the children. The civil rights of children from a transnational married couple living in Indonesia are regulated on Act No. 12/2006 on Citizenship (Citizenship Act). This research is pure legal research that is carried out by examining previous literature. From this study, it was found that the status of children born from transnational families according to the Citizenship Act is based on bloodlines following the father. If the father is a foreign citizen, the child will also be a foreign citizen. On contrary, if the father is an Indonesian citizen, the legal status of the child is also as an Indonesian citizen, from here the role of the mother becomes neglected. Furthermore, Citizenship Act guarantees that the children have the right to determine or choose citizenship after the age of 18 years, the child is required to choose one nationality. Legal protection for children born from transnational marriages is the right to choose their nationality.

Legislation on Determining the Parentage of a Born-Out-of-Wedlock Child Based on the Perspectives of the Best Interest of Child and Progressive Fiqh

This study aimed to reveal the phenomenon of formal legal law that contrasts with the principles of justice for children, the best interest of child, and progressive Islamic jurisprudence (fiqh). The high number of applications for legitimation and determination of children in the juridical area and the relative competence of the City-Regency Religious Courts indicate the high number of children who have not received recognition, status, and identity from both their parents and biological fathers. This condition causes the civil rights of children to be taken away from both parents and biological fathers. The Religious Courts, which have absolute competence in deciding cases, have not been able to fully grant all applications for the determination of children that have juridical implications for the civil rights of children. A qualitative study, based on a case study model, intellectual anxiety, and the awakening of the authors' sense of humanity, inspired the struggle for the rights of children born out of wedlock in the perspective of the best interest of child and progressive fiqh. This comprehensive study found that the legislative decisions and the juridical implications of determining the status of born-out-of-wedlock children at the Religious Courts of the Mojokerto Regency, the Malang Regency, and Surabaya City, based on the perspectives of the best interest of child and progressive fiqh, gave rise to a model of renewal that religion and the state should be able to provide a rule that implements the best interest of child and progressive fiqh.

Kawin Hamil Dan Implikasinya Terhadap Hak Keperdataan Anak Zina Menurut Khi, Hukum Positif Dan Hukum Islam

Pregnant marriage due to adultery has consequences that have an impact on the validity of marriage and the civil status of the child born. The discourse on pregnant marriage and adultery continues to be a never-ending conversation. Is it permissible for a man to marry a woman who is pregnant? How about the civil rights of children who are born? On whom was the lineage leaned? Is he entitled to inherit his mother's father's property? Does the husband of the mother have the right to be the guardian of marriage? Different perspectives cause differences in addressing the problem of pregnant marriage and adultery. This study seeks to reveal the problem of pregnant marriage and its implications for children born, from the perspective of the Compilation of Islamic Law as a product of Indonesian jurisprudence, also looking at positive law and studying it in the perspective of Islamic law, then providing analysis and comparisons from these various points of view.

IMPLEMENTATION OF ISSUANCE OF BIRTHDATES OF CHILDREN OUT OF MARRIED AS CIVIL RIGHTS IN THE DEPARTMENT OF POPULATION AND CIVIL REGISTRATION OF MEDAN CITY

The management of birth certificates for legitimate children and children outside of marriage, at the Medan City Civil Registry Service is divided into 2 (two), namely birth certificates based on the age of birth from 0 to 60 days of age and 60 days of age and above. The procedure and terms of the birth certificate legitimate child is m engisi form and attach a photocopy of ID card of parents , family card , birth certificate , marriage certificate (Akt, a marriage) , KTP witnesses and to children outside the mating plus a statement of absolute liability on the truth of p a husband and wife and the correctness of birth data. The implementation of the requirements and procedures for issuing birth certificates for children outside of wedlock, if linked to the implementation theory of the content of policy put forward by Merilee S. Grindle, and connected with the theory of human rights, namely the positivist theory , is already dilaksanakan.Hambatan issuance of birth certificates of children outside the mating according to respondents in Dukcapil no barriers, but by the community respondents had hambatan.Mengatasi constraints, Department of Population and Civil Registration Medan city has a network of internet on line that most links in the whole Indonesia, and put up an information board. The conclusion is that the procedures and requirements for the issuance of birth certificates for legitimate and unmarried children as civil rights of children at the Medan City Civil Registry Office have been carried out in accordance with the Child Protection Law, Population Administration Law, Presidential Decree No. 12 of 1983, and Per p res No. 96 of 2018. Suggestions for the government should be to implement a policy not to charge fees and to simplify services in the management and issuance of birth certificates for children, especially children outside of wedlock, so that the civil rights of children outside of marriage to have birth certificates can be fulfilled. Keyword : Birth Certificates Excluding Married Children , Office of Population and Civil Registration Medan

Civil Rights Of Children Outside Married Due Isbat Nikah Of Polygamy (Analysis of Islamic Court of Rembang Decision No. 99 / Pdt.G / 2018 / PA.Rbg.)

This study discusses the civil rights of children outside the mating due to confirmation of marriage polygamy, Problems taken author in this thesis is how the legal protection of children outside marriage related his civil rights especially on custody of marriage and inheritance rights to men as fathers biological, because the Indonesian Constitution the Act of 1945 and other regulations related to children's rights requires such a case, article 28 B (2) the result of amendments to the Act of 1945 states "Every child has the right to live, grow and develop and is entitled to protection from violence and discrimination, as well as the norms of Islamic law every child born in the holy predicate attached to him (Fitrah), so that the civil rights of Islam also guaranteed, regardless of whether the child was born out of and / or as a result of a legal marriage or a result of Sirri Marriage.The research method used by writer is a normative juridical approach where the study was conducted based on legal materials main by way of studying the theories, concepts, principles of law, rule of law, court decisions and legislation relating to this study.The results showed that based on the decision number: 99 / Pdt.G / 2018 / PA.Rbg, in the case of confirmation polygamous marriage, civil rights children outside marriage (polygamy) or Sirri equal to the rights of children born and / or result polygamous marriage is official, so that the legal rights of children outside marriage in the decision on child custody and inheritance rights equal to other biological children were born of the first marriage. thus based on the decision of the civil rights of children protected by law, to get justice, and the certainty of the status and civil rights.Keywords: Civil Rights of Children Outside Marriage; Sirri Polygamy; Rights of Guardianship And Inheritance.

Children, the Main Victims of Ethnic Violence in Myanmar

Human rights are the basic standards that people need to live in dignity. In addition to the rights that are available to all people, there are rights that apply only to children. Children need special rights because of their unique needs; they need additional protection that adults don’t. The United Nations Convention on the Rights of the Child is an international document that sets out all of the rights that children have – a child is defined in the Convention as any person under the age of 18 (1). Children's rights are the human rights of children with particular attention to the rights of special protection and care afforded to minors (2), including their right to association with both parents, human identity as well as the basic needs for food, universal state-paid education, health care and criminal laws appropriate for the age and development of the child, equal protection of the child's civil rights, and freedom from discrimination on the basis of the child's race, gender, sexual orientation, gender identity, national origin, religion, disability, color, ethnicity, or other characteristics (3-8).

The Lost Children: When the Right to Children Conflicts with the Rights of Children

Abstract In this essay, I consider the tension between the drive toward the use of assisted reproductive technologies (ART) and the state’s failure to protect interests of children born of ART. I ask the question whether ART should be regulated for the sake of future children’s interests. Taking a narrow view of rights, this essay argues that despite the considerable obstacles posed by Derek Parfit’s non-identity problem and the ambiguity surrounding how to optimize and identify what is “best” for children under the “best interests” standard, there are still basic civil rights of children born of ART that must be ensured in ART regulation. Therefore, regulation of ART for the sake of children is justifiable and necessary but in a limited manner. To demonstrate how conflict can arise between the use of ART and the basic rights of children born of ART I first turn to the example of Israel where the use of ART can affect the resulting child’s personal status, which can affect a person’s ability to marry. This tension is particularly stark in Israel, where procreative support from the state is extreme, and relatively easy fixes could relieve much of the problem. But, the same tension plays out in other nations in which the use of ART leads to the creation of children whose basic needs are not sufficiently addressed. In particular, I discuss the lack of access to health information from gamete donors in the U.S. and the failure to provide citizenship and legal parenthood to children born of international surrogates in a number of other countries. I argue that while procreation is a valid goal it cannot come at the cost of the social and basic civil rights of children. State policy and laws must ensure that children born of ART will be full citizens upon their birth. In sum, regulating ART can be justified for the sake of future children but I suggest that such regulation be drawn narrowly and only to ensure children’s basic civil rights.

Vision Rehabilitation Services at a Crossroads

Following World War II, troops who were blinded in combat returned home. At that time, Veterans Administration (now Department of Veterans Affairs) lacked specialized services to provide rehabilitation for these veterans. Although these services existed through army and civilian agencies, this was a time of change, and a controversy developed over who would provide services to those who were blinded in war (Bledsoe, 1997). Civilian agencies, military, and Veterans Administration all wanted to serve these blind veterans. Even American Association of Workers for Blind appointed a committee to advise government about care and training of the war as they were known at time. Although much of controversy was fueled by a genuine desire to provide services to newly blinded veterans, issues of funding, prestige, and rivalry undoubtedly played a role. In end, as Bledsoe so aptly chronicled, existence of blind troops returning from war became catalyst for dramatic change in services to all individuals who are visually impaired, in professional training and in society's view of people with visual impairments. These changes were accompanied by heated discussions, and Bledsoe (1997, p. 587) noted that Part of undoubtedly was generated by fact that it was an impassioned time. The program began in a war and because of a war. Yet from this heat evolved first university-based training programs for orientation and mobility (U.S. Department of Veterans Affairs, 2010), and although impetus focused on blind veterans, impact spread throughout profession to include not just adults, but children who were blind. The result was a fundamental restatement of goals and methods of blind rehabilitation. As Zambone and Suarez (2000, p. 1155) noted, What emerged, too, was a new perspective on capacity and role of persons with vision impairments in their homes and communities. The changes included dramatic expansion of services to include not just individuals who were blind, but individuals with low vision and those with multiple impairments. As controversy over who would provide services to veterans who were blinded in war unfolded, a major medical calamity changed face of services for blind children in United States. From early 1940s to early 1950s, number of premature infants who had visual impairments that were due to retrolental fibroplasia (now called retinopathy of prematurity, or ROP) increased in epidemic proportions (Silverman, 2000). According to Silverman (2000), ROP was induced when preterm infants who were placed in incubators were exposed to increased levels of concentration of oxygen because this practice was thought to promote regular breathing patterns. Unfortunately, this procedure also affected eyes and led to visual impairments in some infants. Once this practice was identified as a cause of ROP epidemic, it was modified, but estimated 10,000 children who were already affected needed educational services. ROP remains a concern, and debate surrounding one of causes of ROP, saturation of oxygen necessary to prevent or minimize its occurrence in relation to saturation necessary to preserve life, continues (Study Group of Eunice Shriver NICHD Neonatal Research Network, 2010). When it came time to educate children with ROP, families did not want to send their children to residential schools away from home. It was then that initial push for civil rights of children with visual impairments began as parents called for services for their children alongside typically sighted peers. A subsequent shift ensued that resulted in an increase in local school programs for students with visual impairments and a change in population of children who were served in residential schools for students with visual impairments (Hatlen, 2000). …

Menores Ciudadanos o Sujetos de Derechos Tutelados? Discursividades institucionales sobre los derechos de la niñez y la adolescencia en Brasil y Colombia

Este trabalho apresenta reflexões sobre alguns significados atribuídos aos direitos da infância e adolescência num espectro de discursividades institucionais, no Brasil e na Colômbia, que gravita simultaneamente sobre dois eixos sócio-jurídicos, um informado pela doutrina da “situação irregular” e o outro pela doutrina da “proteção integral”, ambos legitimando lógicas particulares de proteção e assistência, a partir das quais se instituem crianças e adolescentes como sujeitos sociais alvo de tutela pública. O primeiro eixo institui uma lógica da menoridade – que configura crianças e adolescentes como sujeitos de compaixão e repressão; o segundo instaura uma lógica dos direitos da cidadania – que configura crianças e adolescentes como sujeitos de direitos. No entanto, é a lógica da menoridade que vem outorgando elementos substantivos às sensibilidades jurídicas daqueles que têm a seu cargo tanto a gestão como a operacionalização da tutela pública, mesmo em contextos nos quais a gestão social dos direitos da infância adquire espaço significativo nas agendas políticas nacionais. Essa lógica tem como aliado – entre outras questões – o valor social da harmonia familiar, a partir da qual se avaliam e classificam as categorias de criança, adolescente e menor.

Calixthe Beyala's Manifesto and Fictional Theory

Tanga, a girlchild-woman in Calixthe Beyala's Your Name Shall Be Tanga, like the manchild in Ayi Kwei Armah's Beautyful Ones Are Not Yet Born or the manchild Oskar in Nurrudin Farah's Maps, is one of those significant fictional characters that can be called widowers of their (Beyala 47). protagonist, Tanga, as a girlchild-woman is challenged to live as a girl-child without a beginning known as childhood, though much of the world readily accepts childhood as a universal experience. In that the referent girlchild-woman appears a minimum of thirty times throughout the text, the classifications of girl and as well as and adult are blurred. By categorizing Tanga as neither a nor a during the entire novel, Beyala suggests at the very least an ambivalence towards such categories and at the most a view that child and woman are theoretically inadequate terms by which to classify Tanga. Your Name Shall Be Tanga is not a developmental novel about a girl-child becoming a woman. text does not follow the physical, psychological, and/or social trajectory of a young individual moving towards maturity despite numerous complex obstacles as in Tsitsi Dangarembga's Nervous Conditions. Neither is Your Name Shall Be Tanga a depiction of an age of innocence as in Camara Laye's Dark Child. Beyala cannot be criticized for her so-called glorification of African childhood and/or precolonial Africa. Neither is Your Name Shall Be Tanga a story about conflicts to be resolved, as with the young heroine overcoming a series of trials in Flora Nwapa's Efuru. Beyala does not present the reader with a young figure who endures countless tribulations and still succeeds in overturning established tradition. Finally, Your Name Shall Be Tanga is not a novel filled with stories about admiration, assimilation, or rejection of a colonizer. Her story cannot be neatly labeled a Bildungsroman as does Nedal Al-Mousa for six Arabic novels in The Arabic Bildungsroman: A Generic Appraisal, wherein he argues that the art of living is replaced with heroes who reconcile two cultures. Instead, Your Name Shall Be Tanga is in part a manifesto. On one level, it is a political manifesto drawing attention to the civil rights of children. On another level, it is a political manifesto for the rights of women: socially and economically. A significant part of the argument lies in a fight against free market capitalism, which determines the value of girl-children and women through the demand for their bodies. novel is a social critique like Dorothy Allison's Bastard Out of Carolina. Your Name Shall Be Tanga strongly contests illegitimacy: it focuses attention on a young female child's right to have others acknowledge her birth, a female child's right to have others value her existence, and a female child's right to control her body. In a real sense, Your Name Shall Be Tanga is an ideological war being fought against psychological, political, social, and economic determinism. A similar war is fought in Beautyful Ones Are Not Yet Born. Armah's critique of corrupt and

Civil rights of children in the family

Children's rights have been the subject of much international interest in recent years, in large part as a result of the adoption in 1989 by the UN of the Community on the Rights of the Children (CRC), together with its subsequent almost universal ratification. 190 countries have now ratified the Convention - only Somalia and the USA have yet to do so. This process has focused debate on the need to recognise children themselves as holders of human rights and not merely as the recipients of adults protective care. and the recognition of children as holders of rights does have significant implications for law, policy and practice in the UK as well as for the nature of adult-child relationships.

The Convention on the Rights of the Child: How fares Victorian law and practice?

On the 2nd of September this year, the United Nations Convention on the Rights of the Child, adopted by the Assembly in November 1989, came into force under international law, 30 days after the lodgment of the 20th instrument of ratification (by which time 31 countries had deposited ratifications). Shortly prior to that date, on 22 August, after some public controversy about the matter, Australia had determined to sign the Convention. The Convention, which stemmed from the 1979 International Year of the Child, expanded and elaborated within an international treaty, rights first enunciated (in non-binding form) in the 1959 Declaration of the Rights of the Child. It applies to a person under the age of 18.Over 5 years ago, the Report of the Child Welfare Practice and Legislation Review Committee was published. That report - Equity and Social Justice for children families and communities, took, as one of its foundation principles, the proposition that Victorian law and practice should reflect internationally accepted principles of human and civil rights of children.

The Mental Health Act of Alberta

in the absence of the child; they will see no need to provide the means whereby the child can be ensured of fair fact-finding. If the Act a leading piece of legislation in North America in the attention it pays to research data in the field of child welfare and to legal safeguards for the protection of civil rights of the children and their parents88 then one would hope that our universities are producing better researchers, and legal draftsmen more skilled in ensuring the protection of a child's civil rights. And one would hope that somewhere in their training these researchers and draftsmen would discover that The concept of protection of children can be as much a threat to civil liberties as is the current tendency to impose excessively long . . . sentences ... in the hope of reforming the criminal.89