Rights Of Child Research Articles

Protection of Children's Rights: A Review of Child Marriage Policies in Indonesia, Malaysia, and India

Introduction: Child marriage is a phenomenon that continues and develops, the low knowledge and understanding of the community towards the perception of marriage. Child marriage should not be allowed anywhere in the world as it is a practice that violates general human rights and discriminates against women. Purposes of the Research: In this research, the author will compare the prevention of child marriage in Indonesia, Malaysia, and India.Methods of Research: This research uses a normative juridical approach method. Researchers will study and examine the factors that cause child marriage and its legal protection to prevent child protection in Indonesia, Malaysia, and India. This research uses descriptive analytical research specifications by determining the laws and regulations relating to legal theories that are the object of research.Results of the Research: Indonesia increased the minimum marriage age for both sexes from 18 to 19 with the enactment of Law No. 16 of 2019. Malaysia, meanwhile, sets a maximum marriage age of eighteen. Initiatives to reduce the legal age of marriage, especially for women, have been made in both nations for socio-political and socio-cultural reasons. Alongside these initiatives, India has also ratified several conventions designed to end child marriage. These include the 1976 International Covenant on Civil and Political Rights (ICCPR) and the 1976 International Covenant on Economic, Social, and Cultural Rights (ICESCR), as well as the 1956 Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery.

Polygamy Law Reform Through the Development of the Aceh Qanun: A New Approach to Protecting the Rights of Women and Children in Indonesia

Aiming to legalize the practice of polygamy through the Raqan regulation, which is then outlined in the family Qanun, it needs to have restrictions on practicing polygamy, such as the concept of justice and sanctions for abuse committed by a husband. The purpose is to protect women as human beings whose rights must be protected along with the obligations and be executed. Then, the research aimed to analyze the construction of Islamic law reform in the family sector, especially in protecting the position of women and children in the context of the structure of the legal order and the occurrence of polygamy without the permission of the Mahkamah Syar’iyah in Nanggroe Aceh Darussalam. The research was qualitative using non-doctrinal juridical or sociological methods to reform the legal order of polygamy in Raqan using studies of legal order theory, al-hudud (legal boundaries), and al-mashlahah, using a historical approach and a legal philosophy approach. The findings showed that the idea of a legal order for polygamy in the family law community in Nanggroe Aceh Darussalam is the implementation of the idea of legal governance between compliance with Sharia and state law perfectly through raqan renewal. Legal reform is an illustration and parameter in implementing polygamy to realize benefits for individuals and society. And, protect the position of women and children who have not been accommodated in marriage law, so that they can live a harmonious life.

Protecting Children Rights through the Juvenile Criminal Justice System in Indonesia: Issues and Challenges

The Juvenile Criminal Justice System is established to uphold justice for children who engage in criminal proceedings, especially those who perpetrate criminal offense. The System sets up various measures in order to protect the rights of these children. This article aims at evaluating the operation of the Juvenile Criminal Justice System in Indonesia with special concern on the fulfilment of the rights of children who are in conflict with the law. The type of research is that of normative legal research which relies on secondary data in the form of primary and secondary legal material. This normative legal research employs statutory approach. It is found that the rights of children who are in conflict with the law is primary protected through the employment of diversion, the initial step for settling the criminal case outside the judicial system. The operation of the Juvenile Criminal Justice System comes across some obstacles in field, including with regard to the employment of diversion. Therefore, improvement in employing diversion seems to be necessary to achieve better quality of children rights protection.

The Role of Investigators in Handling Hate Speech Cases by Children as Criminal Offenders (Case study of Polda Bali)

The rapid progress of our time is evident in various aspects of life, including the realm of technology. This progress can have both positive and negative effects on users, especially children who are more susceptible to influence. There is a concern that when children come across news or false information in the media, they may unknowingly spread it without verifying its accuracy. Furthermore, there is a possibility that they may engage in Hate Speech without realizing that it is against the law. This raises a research question: How effective is the implementation of Restorative Justice at the investigator level through juvenile diversion in cases involving criminal Hate Speech? To answer this question, the research follows an empirical method and adopts a case-based approach with supporting facts. The research location for the study is the Bali Regional Police (Polda Bali). The research object focuses on hate speech cases involving child suspects and the effectiveness of Restorative Justice through diversion at the investigator level. Data is collected through interviews and documentary studies. In addressing the research problem, the author focuses on the theory of legal effectiveness, which emphasizes prevention rather than punishment by investigators. Investigators base their actions on Article 1 Paragraph 6 and 7 of Law Number 11 of 2012, which prioritizes Restorative Justice and diversion in handling juvenile cases. The use of Restorative Justice and diversion plays a crucial role in protecting the rights of children and preventing discrimination.

Gender-Affirming Treatments to Children with Gender Dysphoria

Gender dysphoria occurs not only in adults but also in underage children. Their inner conviction that their gender identity does not align with their physical body leads to a desire to alter their physical appearance through gender-affirming treatment(s) that affirm their gender identity. Examples include genitoplasty, puberty blockers, and cross-sex hormone therapies. Proponents argue that these desires should be accommodated because everyone, including children, has the right to determine what can be done to their own bodies. Moreover, some findings suggest that such treatments can have positive psychological benefits for these children. On the other hand, opponents question whether the consent given by children who desire such treatments is legitimate. Additionally, providing irreversible medical treatments solely to affirm gender identity can have physiological and psychological impacts. Thus, instead of affirming the desires of these children, medical physicians should focus on saving them from irreversible medical actions. This discourse is conducted by considering proportionally the constitutional rights of children, which need to be balanced with ensuring their knowledge and maturity in making decisions. Keywords: Children, Gender Dysphoria, Gender-affirming Treatments, Constitutional Rights

PROBLEMS OF COMPENSATION FOR MORAL DAMAGE IN FAMILY LAW OF THE RUSSIAN FEDERATION

The Family Code of the Russian Federation fixes the personal rights of spouses, non-property rights of children, parents, and other family members, but provides for the possibility of compensation for moral damage only to a conscientious spouse when a marriage is declared invalid. The issue of using the institution of compensation for moral damage in family legal relations is controversial and is currently supported only by doctrine. An analysis of judicial practice shows that courts do not agree with the possibility of compensation for moral damage in cases of violation of family rights. The question of the need to take into account marital relations in order to compensate for moral damage when one spouse causes harm to the health of the other is also topical. In this regard, the authors analysed scientific points of view on the research topic, studied materials from judicial practice as a result of which, it was found that the institution of compensation for moral damage can be used to more effectively protect the non-material rights of spouses, parents, and children. For instance, the right to communicate with a child of a parent living separately is occasionally violated. Marital legal relations and relations between parents and children, in which compensation for moral damage can be a productive way of protecting violated rights, are analysed. Based on the results of the analysis of current legislation, doctrinal sources and materials of judicial practice, it was concluded that compensation for moral damage as a measure of liability is fully applicable in the protection of family rights, but is not provided for by current legislation.

Pemenuhan Hak-Hak Anak dalam Kehidupan Pedagang Asongan Anak di Kecamatan Binjai Kota, Kota Binjai

Children are the next generation of the nation who truly deserve to be protected and have their rights fulfilled. In Law No. 23 of 2002, this law regulates child protection in Indonesia. Through this law, children's rights are recognized and guaranteed, including the right to live, grow and develop, the right to education, the right to health, the right to protection from violence, exploitation and discrimination, and the right to participate. The aim of this research is to analyze the fulfillment of the rights of children who work as hawkers in Binjai Kota District based on theories, variables and realities that explain how children's rights are fulfilled in the lives of child hawkers. This research is of a qualitative type with data collection techniques in the research carried out by combining (triangulating) the process of in-depth interviews, observation and documentation. Then the data was analyzed by the researcher qualitatively and ended by drawing conclusions from the results of the research that had been carried out. The results of the research show that children's rights in the life of child hawkers are not fulfilled. It is recommended that the community continue to pay full attention to children who work as hawkers and also help reduce children's dependence on work as hawkers.

Bibliometric Insights into Global Efforts in Protecting Children's Rights

This bibliometric study provides an in-depth analysis of the research landscape in children's rights over the past three decades, utilizing a variety of visualization tools to map out author collaborations, thematic clusters, research trends, and potential areas for future exploration. Through the analysis of key publication databases, this paper identifies robust networks of collaboration among authors and highlights predominant thematic areas such as child protection, legal frameworks, and the impacts of global health policies on children. The temporal analysis reveals a noticeable shift in research focus, from traditional protection measures to more contemporary issues such as digital safety and global policy initiatives. Furthermore, areas with less research concentration, including the integration of sports in rights promotion and the implications of digital advancements on children, are identified as potential opportunities for future studies. This study underscores the dynamic nature of children's rights research and its evolution in response to both enduring and emerging challenges affecting children globally.

Protection of minors and perspectives of balancing fundamental rights

Tutela dei minori e prospettive di bilanciamento di diritti fondamentali ABSTRACT: The article analyses the complex issue of child protection in the context of ritual circumcision, identifying the fundamental rights to be balanced. In particular, the text focuses on the diverse landscape of regional health policies, which only in some cases provide coverage for non-therapeutic circumcision, with clear disparities between regions. SUMMARY: 1. Premise - 2. Circumcision and children's rights - 3. Circumcision in public health - 4. Perspectives.

Legal Protection For Children In Interfaith Marriages: Comparative Study Between Indonesia And Other Countries

Interfaith marriage is a global phenomenon that raises various challenges, including in the context of legal protection for children. In Indonesia, this issue is becoming increasingly important considering the diversity of religions and beliefs held by its people, which requires an inclusive and fair legal approach. Comparative studies between Indonesia and other countries in terms of legal protection for children in interfaith marriages are important to identify best practices that can be adopted and adapted. This research aims to explore and compare the legal framework for child protection in interfaith marriages in Indonesia with other countries, to identify lacuna and provide policy recommendations. This research uses a normative legal approach with comparative studies, collecting data from various relevant sources and processing it to obtain significant findings. The research conclusions show that an inclusive and effective legal framework, along with efficient implementation, is the main key to ensuring the protection of children's rights in the context of interfaith marriages. Indonesia needs to adopt and adapt best practices from other successful countries in this regard, including strengthening the legal framework, increasing public education and awareness, and establishing effective support mechanisms. Through collaboration between stakeholders and active community participation, a more inclusive and supportive environment for children from interfaith marriages can be created. This ensures that their rights and welfare are thoroughly protected. It is hoped that the resulting policy recommendations can help strengthen child protection in interfaith marriages in Indonesia.

Perlindungan Hukum Terhadap Anak Korban Toxic Parenting Dalam Perspektif Hukum Islam

The problem in this research is legal protection on children suffering toxic parenting in the Labuhanbatu district in the perspective of Islamic law. The type of research in this study is field research, using qualitative approaches, the primary data source of children to experience toxic parenting in the family in 2021-2022 and the caretaker of the women and child protection services (DPPPA), A secondary source of data consists of books, journals, and documents related to the study. The data-gathering techniques used are interviews, observations, and documentation. The data-analysis techniques use qualitative descriptive. That the protection of law in labuhanbatu district is good enough because there is an institution that serves to protect children: the women's protection and child protection service (DPPPA), by performing socialization, and protecting children by providing mediation services, legal aid, and psychological recovery, according to the 2014 35th act on child protection, while it is the perspective of Islamic law that children should be protected from all that could lead to the exclusion of children's rights, Like the one in QS. At-Tahrim: 66, which is the right to an education, a living, protection, and nurturing, and hampering growth of children, for in the perspective of Islamic law the violent behaviour of children is strictly prohibited except in education and worship, it should fit within some provisions, it is according to Ahmad bin Hanbal that the Prophet SAW forbids such violence as beating and educating children, And also, in the opinion of clerics educating children with violence, is not recommended according to dalil-dalil, both the Qur'an and As-Sunnah. Therefore, legal protection in the Labuhanbatu district is in keeping with an Islamic law perspective that prohibits violent child abuse.

Protection of Children's Rights Through Public Policy: A Review of the Implementation of Child Protection Programs in Elementary Schools

The welfare and protection of children's rights are crucial elements in sustainable community development. In this context, public policy plays a key role in ensuring that children receive adequate protection and opportunities to grow and develop properly. This paper investigates the implementation of child protection programs in primary schools as one of the concrete efforts to ensure that children's rights are safeguarded. By focusing on the policies, implementation process, and impacts of these programs in several elementary schools, this study aims to provide a comprehensive understanding of the effectiveness of such initiatives. Using a qualitative research method, data was collected through interviews, observations, and document analysis to examine how these programs are integrated into the school system and their outcomes on children's well-being. The findings reveal that while there are significant efforts and resources allocated towards child protection, there are also challenges and gaps that need to be addressed to enhance the effectiveness of these programs. The study concludes with recommendations for policymakers, educators, and community stakeholders to improve the implementation and impact of child protection initiatives, ensuring that every child enjoys a safe and supportive environment conducive to their holistic development.

Indonesian Migrant Community Behavior and Awareness in Providing Education Rights for Children

Indonesian Migrant Community Behavior and Awareness in Providing Education Rights for Children

Klithih Restorative Solutions for Minors

Klitih is basically a form of juvenile or child delinquency that is committed at night by randomly abusing or injuring the victim. Klitih has been on the rise again recently with a peak in 2021, namely 58 cases. The purpose of this writing is to explain glitch behavior as part of crimes committed by minors and restorative efforts in the hope that the perpetrators will become aware and improve their behavior. The method used is a normative juridical approach using primary, secondary, and tertiary legal sources. Data analysis was carried out using a qualitative approach. The results of the research show that Klitih is a criminal act where the perpetrator is considered young or underage, so following the reform of the justice system for children, namely Law no. 11 of 2012 concerning the Juvenile Criminal Justice System which replaces Law no. 3 of 1997 concerning Children's Courts and Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. The case of Klitih in Yogyakarta is better brought to the realm of diversion, namely taking the judiciary out with the aim of creating a balance of justice or restorative justice. It is hoped that the restorative resolution of glitches can lead to the protection of children's rights and also the protection of society in general, as well as there being elements of positive progressive law through education and guidance.

THE RIGHTS OF STUNTED CHILDREN TO HEALTH SERVICES IN DONGGALA DISTRICT

Children are a gift from God Almighty, whose dignity needs to be protected and their rights guaranteed to grow and develop by their nature. Child health problems in terms of nutrition are one of the priorities of the United Nations. Stunting cases are cases of toddlers who have a length or height that is less than the WHO child growth standards. Article 6 paragraph (1) of the Convention on the Rights of the Child reads "States Parties subscribe to the inherent right of every child to life". The right to health is one of the rights inherent in children and adults. One of the Health Rights for children is the fulfillment of children's nutrition and nutrition, so as not to cause stunting of children. SSGI data from Donggala Regency includes districts that have high stunting cases, with a stunting rate in 2023 of 32.4%. This paper aims to find out and analyze the extent of the convention's implementation on the right of stunting children to health services, the factors that cause the high stunting rate in Donggala Regency, and efforts to provide health services for stunting children.

Peran United Nations International Children’s Emergency Fund (UNICEF) dalam Menangani Pemenuhan Hak Anak-Anak Pengungsi Rohingya di Bangladesh Tahun 2017-2023

The refugee crisis experienced by Bangladesh due to the mass exodus of Rohingya refugees fleeing ethnic conflict in Myanmar is one of the largest refugee issues in the world. This crisis needs to be addressed immediately as it can threaten the lives of both the local population and the refugees themselves. Overcrowded shelters, housing nearly 1 million refugees with half of the population being children, increase the risk of disease transmission and violence, which can be a deadly combination for children. Therefore, to tackle the refugee problem, especially in fulfilling the rights of Rohingya children in Bangladesh, international actors' assistance is urgently needed. One of the organizations involved is UNICEF. UNICEF strives to provide aid in line with its capabilities and functions as an international organization focused on children and women. The aid provided by UNICEF is in the form of foreign aid or humanitarian assistance, divided into two types: material assistance and technical assistance. Material assistance includes the provision of clean water, food, hygiene supplies, education, and shelter. Technical assistance is provided through protection, training, and counseling. In its efforts to meet the needs of Rohingya refugee children, UNICEF has established the "UNICEF’s Humanitarian Action for Children in Bangladesh: Rohingya Influx" program, covering several sectors, including Child Protection, Health, Education, Water, Sanitation, and Hygiene (WASH), and Nutrition. The humanitarian assistance provided aligns with the stipulations of the UN Convention on the Rights of the Child (UNCRC) regarding the fulfillment of the rights of refugee children.

Study of Student Behavior on the Implementation of Child Friendly School at SMA Negeri 8 Surakarta

Juvenile delinquency is a problem that often occurs within the scope of educational units. Children also often get bullying treatment that can damage their mentality. The government provides a solution to this problem by creating a Child Friendly School policy. This program, which is located in formal, non-formal and informal education units, aims to create conditions that are safe, healthy, clean and can guarantee and fulfill children's rights. There is a guarantee in protecting children from violence, discrimination or treatment that endangers children and participating in providing the best service. Child Friendly Schools are a means for students to learn, develop and increase their learning motivation and self-confidence. The purpose of this study is to describe the form of Student Behavior Study of Child Friendly School Implementation at SMA Negeri 8 Surakarta. This type of research is descriptive with a qualitative approach. The focus of this research is on the objectives of the Child Friendly School program, the policies implemented and the reality of its implementation. Data collection techniques of this research through observation, interviews and documentation. Data analysis techniques in this study are data reduction, data presentation and conclusion drawing. Translated with DeepL.com (free version)The results obtained state that the implementation of the Child Friendly School program at SMA Negeri 8 Surakarta has been running but cannot be said to be optimal because in its realization there are still several violations that cannot be eliminated. There needs to be a review of this government program to produce the success of Child Friendly Schools. So that the program that has been pursued by the government can run optimally.

Resilience of Muslimah Sex Workers: Fulfilment of Children's Rights Based on Fiqh Hadhanah and The Child Protection Law

This research study aims to further explore and delve into the resilience efforts of Muslimah sex workers in fulfilling their children's rights as mandated by Hadhanah jurisprudence and the Child Protection Law, which has become a living law in society. This is socio-legal research with a case study in Wisata Karaoke (ex-localization), Suko, Malang, Indonesia. The method of data collection used in this study is in-depth interviews with four muslimah prostitutes who have children, observation, and documentation. The results of this study indicate that Muslimah sex workers employ two resilience models in fulfilling their children's rights. The first resilience model involves placing their children in Islamic boarding schools (pesantren), considered authoritative childcare institutions. The second resilience model consists of entrusting their children to immediate family members, such as grandparents and aunts, who are perceived to be free from negative influences like promiscuity and alcohol consumption, which are commonly associated with the world of prostitution. Both resilience models are based on mitigation efforts to prevent their children from falling into the same cycle of prostitution as their mothers. This research contributes to becoming new policy material for scholars, government, legislators, and academics in initiating the formation of childcare institutions around ex-localizations as a guarantee of continuity, protection, and fulfillment of the rights of abandoned prostitutes' children.

CHILD VIOLENCE: FROM PSYCHOANALYSIS TO THE REALITY OF PROTECTING CHILDREN'S RIGHTS IN BRAZIL

The purpose of the presented material is to summarize the basic psychoanalytic positions on the analysis of human aggressiveness and violent impulses, as well as to analyze the work of South American educators on the problem of violence within the recognition of human rights to a safe life. Methods. The defined theoretical and methodological direction of the analysis of child violence consists of research procedures, bibliographic review, psychoanalytic and socio-pedagogical research. Results. Psychoanalytic positions of interpretation of the phenomenon of violence are represented by Freud's classic generalizations about aggression, sadism and repression of libido. The conceptual understanding of the intrapsychic aspects of the child's violence is supplemented by the provisions of the theories of object relations through various forms of self-destruction of the individual. The socio-historical context of violence is revealed and it is emphasized that violence always contains the fact of violation by one person of the rights and freedoms of another person. The analysis of the works of Brazilian psychoanalysts reveals the specifics of experiencing the "feeling of colonization" in unconscious forms of repressed tension, confrontation and guilt. It is emphasized that various conflict traumas and states of social disintegration should begin with the awareness of just solidarity and human rights. It is also important to be aware of the rights of the child, which is in line with the doctrine of integral protection. The scientific achievements of the scientific school of Professor A.M. Eyng on the study of the problems of violence and children's rights are revealed. The basic positions of cooperation between Ukrainian and Brazilian scientists on the study of psychological norms of quality of life, mental health and well-being of children in humanitarian situations (poverty, wars, environmental disasters, forced displacement, etc.) are outlined. Conclusions. The scientific synthesis of psychoanalysis of child violence and socio-pedagogical generalizations about the child's rights to a safe existence is a new form of practical solution to the problem of protecting the quality of life of the child.

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.