Rights Of Child Research Articles

RECONSTRUCTING CHILD CUSTODY POST-DIVORCE IN ISLAMIC FAMILY LAW: A BEST INTEREST OF THE CHILD-BASED APPROACH IN THE CONTEMPORARY ERA

The concept of child custody post-divorce has been a critical issue in Islamic family law, particularly in light of contemporary debates surrounding children’s rights and welfare. In recent decades, there has been a growing emphasis on the Best Interest of the Child (BIC) standard, which has shaped custody decisions in Western legal systems. This article explores the integration of the BIC principle within Islamic family law, specifically addressing how it can be reconstructed to align with modern child welfare needs. Through a comprehensive literature review, the paper examines Islamic legal sources, including the Qur’an, Hadith, and classical fiqh, to evaluate the traditional understanding of child custody in divorce cases. It further investigates the compatibility of Islamic principles with international human rights frameworks that advocate for the child's best interest. The article highlights the challenges and opportunities in adapting Islamic family law to contemporary child custody norms, considering cultural, legal, and societal factors. It also compares the Islamic approach with Western legal perspectives on child welfare, identifying areas for potential reform. The findings suggest that while Islamic law provides a strong foundation for protecting children's rights, it requires contextual adaptation to ensure the child’s best interests are consistently prioritized. This research calls for a balanced and progressive approach to reforming child custody practices within Islamic family law. Ultimately, it aims to contribute to a more child-centered framework in Islamic legal systems, offering insights for policymakers and legal practitioners.

Assessment of International Legal Protections for Displaced Children in Armed Conflicts

The protection of displaced children in the armed conflicts is an urgent and critical issue that demands comprehensive legal assessment and intervention. Armed conflicts often result in the displacement of vulnerable populations, with children being among the most affected. These children face heightened risks, including violence, exploitation, and the loss of family ties, which significantly impacts their physical and psychological well-being. International legal frameworks, including conventions and treaties, aim to safeguard the rights of children in such dire circumstances. However, the effectiveness of these protections often varies in practice, particularly in conflict zones where enforcement mechanisms are weak or absent.

RESOLVING CONFLICTS OF LAW DURING JUDICIAL PROCEEDINGS: AN EMPIRICAL STUDY OF UKRAINE

Background: Law is a key regulator of social relations. Its systemic nature is fundamental for proper, clear and comprehensive regulation of legal relations. As an integral system, law has its own logic, structure, order and purpose. This purpose is to properly regulate social relations, ensure law and order, and qualitatively and consistently satisfy the rights, obligations and interests of participants in legal relations. However, legal regulation is not without its flaws. One major issue of legal regulation is gaps in the law, where certain social relations lack proper legal regulation due to a lack of specific legislative or legal approaches. Other flaws include conflicts between laws, legislative gaps, qualified silence of the legislator, "darkness" of legal norms, and a "seeming" need for legal regulation and other legal phenomena similar in nature. This article addresses how judges resolve conflicts of law in the course of judicial proceedings, namely the construction of a mechanism to resolve conflicts within national legislation to ensure the right to a fair trial. This issue is of particular importance in the context of the war in Ukraine because, unlike in the relatively stable judicial practice of resolving disputes that arise in a society where there is no war, today, the courts now face unprecedented cases, such as those involving military medical commissions decisions, financial support of military personnel, and new wartime criminal prosecution. Additionally, judges must navigate the procedural norms for the administration of justice in wartime, which are changing rapidly. The study identifies specific cases of conflict in law, particularly in issues related to mobilisation. It highlights how inconsistencies in current legislation and the lack of uniform approaches to overcoming them often prevent citizens from exercising their rights. This situation directly contradicts the Sustainable Development Goals in terms of building peaceful and inclusive societies for sustainable development, ensuring access to justice for all, and building effective, accountable, and inclusive institutions at all levels. The authors of the article highlight the growing importance of legal principles in resolving conflicts within the law. Foundational concepts like the rule of law, legal certainty, and legality are recognised grounds for judicial decision-making. Accordingly, this allows courts to interpret conflicts in specific areas of legislation – such as tax legislation in favour of the taxpayer, child rights in favour of children, and labour law in favour of employees. Consequently, similar claims may be resolved differently depending on their subject matter. To support this analysis, the authors analysed 150 decisions of Ukrainian judges, studied the concept of conflicts, formulated a refined definition, assessed the role of judicial law-making in resolving legal conflicts, and developed a mechanism for addressing conflicts in law by judges. Methods: The authors employed a general dialectical analysis approach grounded in the doctrine of society and thinking, along with the historical method, to analyse the development of legal norms and institutions in different historical periods. This approach provides insights into their origins, evolution and impact on the modern legal system. Methods of analysis and synthesis of information were also utilised. To support the authors’ conclusions, relevant empirical information, including court decisions from the Unified State Register of Court Decisions, were referenced. A total of 150 court decisions containing collisions from 2015 to 2024 were analysed, 22 of which were cited in this article. Results and Conclusions: Conflicts in law are defined as subjectively caused phenomena involving the confrontation of several norms or their totality, resulting in the inability to apply legal norms effectively, clearly, and consistently to regulate social relations. A definition of conflicts in law from a judicial perspective is also proposed: they are contradictions within legal regulation, a negative legal phenomenon that a judge, with the authority vested in them, must resolve in a manner that upholds fundamental principles of law during the administration of justice.

Relevance of Aceh's Qanun Jinayat in Minimizing Cases of Sexual Harassment against Children in Aceh

This study aims to describe the relevance of Qanun Number 6 of 2014 concerning Jinayat Law as a legal regulation used to address cases of child sexual Harassment in Aceh. This is considered important because until now cases of child sexual Harassment in Aceh have continued to increase every year. In addition, Aceh is a region that has special regulations that are formed based on Islamic law and customary law. Therefore, the provisions relating to sexual Harassment in Aceh are different from other provincial areas that use the Child Protection Law, the Sexual Violence Crime Law or Law Number 1 of 2023 concerning the Criminal Code. The study was conducted using a sociological legal research method with descriptive analytical writing specifications. The focus of this study is on how the relevance of Aceh Qanun Number 6 of 2014 concerning Jinayat Law is in minimizing the number of cases of child sexual Harassment in Aceh, thus causing this study to be different from previous studies. The results of this study indicate that Qanun Number 6 of 2014 concerning Jinayat Law has not been able to optimally address cases of child sexual Harassment in Aceh. It is because the five factors that influence the effectiveness of the implementation of Qanun Jinayat in Aceh have not been effective until now. The five factors are legal factors, law enforcement factors, facilities and infrastructure factors, community factors and cultural factors. In addition, the provisions of the threat of sanctions contained in Qanun Jinayat when associated with the theory of just desert and the theory of the purpose of punishment in Islamic criminal law are still relatively light so that they have an impact on the unprotection of children's rights as victims and do not provide a deterrent effect for perpetrators.

Incentive based continuum of care for people living with HIV including orphan vulnerable children- the Delhi Model

Background: Delhi State AIDS Control Society (DSACS) addressed critical integration of services for Orphan and Vulnerable Children (OVC) in context of HIV. They bridged the policy and implementation divide by formulating a multisectoral-strategy in April 2012, creating a model of "Continuum-of-Care for People-Living with HIV (PLHIV), OVC & Children-Affected-by-HIV (ChABH)” in Delhi. With input from the National Commission for Protection of Child Rights, DSACS sensitized political and administrative machinery about needs and challenges related to HIV/AIDS. DSACS developed an incentive-based system for Antiretroviral Therapy (ART) adherence, incorporating safeguards and robust monitoring. Delhi Government's sustained financial commitment and DSACS programmatic-innovation provide a scalable blueprint for India and global initiatives. Description: This ongoing Delhi Government's scheme focuses on household-economic-strengthening of PLHIV as an incentive for broader behaviour change based-on specific eligibility conditions. Beneficiaries fall into four categories: PLHIV, including children on ART; double orphan HIV positive children (OCI); destitute children living with HIV/in institutional care (DCI); and double orphan ChABH in community-based care in Delhi. Category-wise fixed-monthly financial assistance is released to beneficiaries via direct-bank-transfers leveraging Aadhaar-platform to eliminate corruption. Adherence to treatment is mandatory to continue cash-transfers. Linkages with other schemes established to maximize impact. Lessons learned: In its 11-year evolution, Delhi model has grown from 1110 to 6467 beneficiaries, including 6383 PLHIV, 34 double OCI, 50 DCI, and 27 double orphan ChABH, with 5875 (90.8%) currently active excluding beneficiaries who expired (n=328), migrated/ transferred out of Delhi (n=115), opted-out ART/or lost-to-follow-up (n=135), and 14 CABA who turned major. Steady progress and 98% ART adherence mark positive outcomes. DSACS eased eligibility criteria in 2018, facilitating hurdle-free enrollment, while responding to cost-inflation by enhancing financial assistance, showcasing program adaptability. Achieving >95% ART adherence has significantly boosted survival rates, underscoring program's positive impact on beneficiary health. The scheme's INR 14,69,35,600 expenditure in 2022-23, just 0.13% of Delhi Health Department's plan-outlay, signals a cost-effective investment. Extrapolating this nationally would represent 1.5% of India's Health Ministry's current plan-outlay. Conclusion/next steps: This innovative model is implementable on large-scale in India and around the globe but requires not only financial commitment but also coordinated efforts, policy adjustments, and collaboration between various stakeholders.

Examination of the Law Governing the Rights of Children Against Trafficking in Uganda

This article examines the law governing the rights of children against trafficking in Uganda. The article revealed that trafficking primarily occurs for economic reasons, manifesting in various forms. Under the guise of employment, traffickers traffic children and women for sexual exploitation. The traffickers entice their victims with the promise of decent employment, leading them to abandon their homes and, occasionally, their countries in search of a better life. Involuntary domestic servitude, a form of child trafficking, involves the informal recruitment of victims, particularly women and girls, to work as domestic servants and caretakers. Often, the traffickers restrict these victims from communicating with their families back home. On this note, the study calls for the need to identify and address the root cause of child trafficking. The study highlights unemployment as the primary cause of child trafficking. People who are impoverished have now devised ways to survive. The traffickers are taking advantage of the desperate situation of young people to traffic and exploit them under the guise of employment opportunities. Keywords: Children, Government, Legislation, Regulation, Rights of children

ANALOGY AND HARMONY: AN ANALYSIS OF THE RIGHTS AND OBLIGATIONS OF ADOPTED CHILDREN IN THE DISTRIBUTION OF INHERITANCE FROM THE PERSPECTIVE OF ISLAM AND CHRISTIANITY

This study examines an important comparative legal and religious issue regarding the rights of adopted children in inheritance distribution from Islamic and Christian perspectives. While the abstract summarises key findings, there is a risk of oversimplifying the complexities of religious doctrines and national legal systems governing inheritance laws. Although adopted children's rights are limited in Islamic law, the possibility of making a will can mitigate these restrictions; however, additional nuances arise from various schools of thought and interpretations that influence the scope of inheritance. Conversely, the Christian perspective is often generalised as uniformly granting equal rights to adopted children, which may only hold across some Christian denominations or legal systems influenced by Christian principles. The abstract would benefit from a more detailed analysis of internal variations within each religion and consideration of how different national laws operationalise religious principles. Furthermore, the notion of "harmony" between these two religious traditions in addressing justice for adopted children may be overstated, as the theological foundations guiding inheritance distribution differ fundamentally. A more critical engagement with potential conflicts or limitations in achieving harmonious legal frameworks would add depth to the analysis.

Optimal development for the children of prisoners? How children with a parent in prison are supported and why it matters

AbstractThis article examines the need and types of support for children with a parent in prison, the measures in place to know who they are and the consequences of associated policies for their development. These are discussed within a cultural‐historical child development framework and, within that, questions are raised about optimal development and children's rights. The article is grounded in a mixed‐methods study of a support service for children of prisoners in Worcestershire. Parental imprisonment can impact negatively on societal, institutional and personal aspects of children's development. However, when children are supported through family‐centred, relationship‐focused, strengths‐based services, they can engage more fully in the institutions and social situations of their daily lives.

Creating an Environment Free from Sexual Violence Against Women and Children Within the Cultural Values of Mitawe in West Sulawesi

This research aims to create an environment free from sexual violence against women and children in West Sulawesi Province through the application of Mitawe cultural values. The Mitawe culture, which emphasizes politeness, respect, and dignity, is seen as an important tool in preventing sexual violence within the Mandar community. The research method used is empirical law, involving observation, in-depth interviews with traditional leaders and community leaders, as well as document analysis from the Office of Women's Empowerment, Child Protection, Population Control, and Family Planning (DP3AP2KB) of West Sulawesi Province. The research findings show that Mitawe values can be effectively integrated into sexual violence prevention programs through various interventions carried out in local communities. The implementation of these values has successfully raised public awareness about the importance of respecting the rights of women and children, as well as reducing the incidence of sexual violence in several districts. Moreover, collaboration with DP3AP2KB has enabled the implementation of more structured and sustainable prevention strategies, including training for victim advocates and public awareness campaigns. This research also found that strengthening local cultural values, such as Mitawe, can be an effective approach in creating a safer society free from sexual violence. These findings provide a foundation for developing more inclusive and culturally sensitive policies in the effort to protect women and children in West Sulawesi.

Children’s rights: Belonging and participating in communities

Since the inception of UNCRC, a considerable body of scholarship has developed to consider what the rights of children are and how they can be enacted in everyday life. In this paper we re-visit the framing of children and young people and their rights, from the nascent endeavours in the 20th century to the present day, and argue that we still need to better understand the conditions by which children’s rights and their participation in their communities can be supported and amplified. To do this we draw on research with young people, growing up in some of Aotearoa New Zealand’s most culturally diverse neighbourhoods. Using a mix of self-directed focus groups and visual methods, young people described their experiences of belonging and how and where they felt most able to participate as citizens. This analysis highlighted the significance of intergenerational connections within community, educational, cultural and religious spaces, where young people could express the right to be represented and realise the possibility for participation. We argue that children’s rights and agency need to be understood as part of relational interactions in the context of families and communities where children feel they belong and are given opportunities for participation.

English

Objectives: To analyze how the rights to a healthy environment and a family environment of invisible children are protected in the Socabaya-Arequipa-Peru Women’s Prison. Material and method: Data taken from the official documents in the following three prison records were used: the incident log, medical statistical report and the activity control book. The selection criteria were based on the availability, plausibility and official nature of the information in the documents. Qualitative analysis of the applied type and the designs of documentary analysis and grounded theory were selected for the method. Results: The rights of invisible children to healthy conditions and a family environment are inadequately protected in the Socabaya-Arequipa-Peru Women’s Prison. Lack of prison health services disrupt family relationships and negatively impact female inmates’ rights. Discussion: The lack of political will to guarantee rights to healthy conditions and a family environment is due to the fact that gender-based approaches, policies based on the protection of children’s interests, greater transparency and access to public information have yet to be introduced in the prison healthcare milieu.

Custody Determination for a Child Born as a Result of Rape: A Maqashid al-Sharia Perspective

This study aimed to examine child rights and the requirements for custody determination for a child born as a result of rape based on the maqashid al-sharia perspective. This research employed a normative legal research method with the statute and comparative approaches. The collected legal materials were analyzed qualitatively to describe the problem and answer the research objectives. The results of this study indicate that maqashid al-sharia emphasizes the importance of guaranteeing hadhanah, or child custody, by considering the caregiver’s rights, the child’s rights, and the father’s or guardian’s rights. Furthermore, the Quran provides comprehensive guidance in protecting and fulfilling child rights, while the principles of maqashid al-sharia, such as hifz al-din, hifz al-nafs, hifz al-‘aql, hifz al-nasl, and hifz al-mal, serve as the foundation for fulfilling these rights. In cases of children born as a result of rape, maqashid al-sharia emphasizes the necessity of the state’s presence to protect the child through the mechanism of child custody determination through the courts, taking into account specific requirements, such as the age, health, and good conduct of the prospective guardian, to ensure proper care and the fulfilment of the child’s rights. Therefore, it is recommended that various parties, including the government, judges, and prospective guardians, synergize in protecting and fulfilling the rights of children born as a result of rape by the principles of maqashid al-sharia.

Towards the realization of socio-economic rights of children in Zimbabwe; a child sensitive policy framework

ABSTRACT With high incidences of poverty and a depressed economy as well as limited political will, it will be difficult to guarantee the socio-economic rights of children in Zimbabwe. Children struggle to get access to basic services such as health care, basic education, clean water and proper sanitation. This study critically reviews the implementation or lack thereof, of the key socio-economic rights as enunciated in the constitution and child-sensitive policies in Zimbabwe. Through document analysis, the study offers a nuanced examination of social policy implementation in the country. This paper advances the argument that poverty and inequality in Zimbabwe have worsened the lives of children who are subjected to inadequate food, lack access to proper heath facilities and proper shelter among other social amenities. Using a human security framework, the paper foregrounds the need for deliberate policies which respond to the needs of the underprivileged children. The paper concludes that a multifaceted and multi-stakeholder approach will ensure that no child is left behind as envisioned by the agenda of the sustainable development goals. It recommends that the government should implement various policies which guarantee the protection of children in need.

Strategi Pengelolaan Aset dan Sarana Prasarana untuk Mewujudkan Sekolah Ramah Anak Berbasis Pendidikan Islam

Sekolah Ramah Anak (Child-friendly schools) place students as living subjects, so that the education process takes place in safe, clean and healthy conditions, with the guarantee that children's rights are respected and they are protected from violence. Setting up a child-friendly school requires adequate facilities and infrastructure. Educational facilities and infrastructure are school assets that must be well organized and managed to support quality education in schools. A school asset and infrastructure management strategy is needed. The purpose of this study is to explain the asset and infrastructure management strategies for the implementation of Islamic education-based child-friendly schools. This research uses qualitative research methods, namely documentary studies or literature studies conducted by reading and analyzing documentary sources in the form of journals, articles, and other documents related to the problem. Based on the research conducted, it is concluded that asset and infrastructure management strategies to realize child-friendly schools based on Islamic education include the application of sustainability principles in asset and infrastructure management, collaboration between stakeholders for effective management, and the use of technology and innovation in asset and infrastructure management.

Echoes of Ubuntu Capacity in The Realization of Child Rights Through Ujamaa Intersections – A Case of a Parasocial Work Model in Tanzania

Child rights abuse has become a serious global concern in the 21st century as it has been reflected in the global agenda of SDGs. Tanzania like other developing countries experienced significant child rights abuse in the 1990s due to the influx of the number of orphans and vulnerable children (OVC) which was highly influenced by the HIV and AIDS pandemic, poverty, urbanization, etc. OVC was exposed to the high risk of being deprived of their rights following the failure of the formal systems and the shortage of childcare workforce that necessitated the government to involve the key child welfare stakeholders to revitalize and capacitate among the Ujamaa Intersections Models (UIM) under Ubuntu philosophy. Ultimate the country successfully designed an Indigenous cadre of para-social work (PSW) that advocated for and addressed the multiple rights of vulnerable children from 2007. Initiation and operation of PSW are embedded in the Ujamaa sections from side to side with social work and Ubuntu competence, this combination capacitated existing Ujamaa Intersections in the community such as family, extended families, neighborhood, local leadership, ecology, spirituality, and wider attributes in realizing child rights. The relevance of Ubuntu values and social work enabled para-social workers to identify the special needs of vulnerable children, increase community child protection awareness, create alarm systems for abused children, and sometimes link them to temporary self-shelters or social welfare services, etc. Despite the challenges, PSW succeeded in advocating for children's rights and improved the quality of life of children and their families. PSW has rendered evidence based on how the Indigenous models can offer relevant and sustainable solutions in addressing the rights of vulnerable populations in the community. Over time, several African countries adopted the PSW model and the model calls for child rights stakeholders and global decision-makers to revisit and relearn the capacity of the PSW model in the realization of SDG including protecting children from abuse, exploitation, trafficking, and violence. Also, it has relevant sustainable opportunities that ensure children attain inclusive and equitable quality social welfare services.

Justice for Children: Exploring Juvenile Criminal Law in Indonesia

AJuvenile justice is a significant aspect of any criminal justice system, especially in countries where children's rights are enshrined in law. In Indonesia, the juvenile criminal justice system has evolved considerably, with a focus on rehabilitation and protection of the child’s welfare. This article delves into Indonesia's juvenile criminal laws, specifically Law No. 11 of 2012 on the Juvenile Criminal Justice System, which introduced a more restorative approach to dealing with child offenders. The paper explores how Indonesia balances punishment with rehabilitation, analyzing the effectiveness of this system compared to global standards. By examining case studies, legal frameworks, and rehabilitation programs, the study evaluates how well these laws serve the interests of both society and juvenile offenders. The article also discusses challenges such as inconsistencies in implementation, socio-economic disparities, and public perceptions of juvenile justice. Finally, recommendations are provided to enhance the efficiency and fairness of juvenile criminal law in Indonesia.

Implementasi Program PUSPAGA Dalam Pencegahan Kekerasan Anak di Kota Serang

Children have the same rights guaranteed by the state. Fulfilling children's rights is the responsibility of local governments to improve child-friendly cities through the PUSPAGA program. But the fact is that there are still many children, especially in the city of Serang, who are still victims of violence, which is increasing every year. This research focuses on the implementation of the PUSPAGA Program in preventing child violence in Serang City and aims to find out more about the implementation of the PUSPAGA program in preventing child violence in Serang City using the A Model of Implementation theory according to Van Metter and Van Horn. This research uses descriptive qualitative research methods, then the data is analyzed based on the results of observations, interviews and documentation. The results of this research show that the implementation of the PUSPAGA Cahaya Hati Program in preventing violence against children has not been carried out optimally due to the existence of constraints and obstacles, namely the absence of counselors to provide counseling services, the absence of guidance to sub-district cadres related to the PUSPAGA Program, the facilities and infrastructure available. inadequate and there are still minimal outreach and promotional activities carried out due to limited budget funds.

Upaya Meningkatkan Kesadaran Orang Tua tentang Hak dan Perlindungan Anak di Lembaga Pusat Pengembangan Anak (PPA) Linggang Mapan Kabupaten Kutai Barat

Child protection aims to guarantee the fulfillment of children's rights so that they can live, grow, develop and participate optimally in accordance with human dignity, as well as receive protection from violence and discrimination, for the sake of realizing Indonesian children who are of good quality, have noble character and prosperous. The aim of this activity is to increase parents' awareness about children's rights and protection at the Linggang Mapan Child Development Center (CDC), Linggang Bingung District, West Kutai Regency. To help partners improve parents' ability to understand and be aware of the increasing impact of violence against children, education is carried out regarding children's rights and protection. The reason for using the group counseling method or group approach is because the concept of extension is related to group counseling targets. This method is more profitable because it allows for feedback and group interaction which provides the opportunity to exchange experiences and influence the behavior and norms of its members. After carrying out activities for two weeks with two meetings with the parents of the Linggang Mapan Child Development Center (CDC) children, the author can conclude that during the process, parents can understand and comprehend what is meant by children's rights and protection by paying attention to each other's environment. a place for children to play and develop and explain to children what should be avoided while playing and socializing with other people, because violence or abuse can happen anywhere and be done by anyone, including family members.

Extending Child Protection Law to the Unborn: Maternal Liability for Unborn Injury in Malaysia

The debate about the value of life is very important in discussions about abortion rights, with one side arguing that unborn children should be completely protected from harm. This view enhances with the widely held belief that pregnant women need strong legal protections to keep both of them and their unborn children safe. In Malaysia, the rights of unborn children are not clearly defined by law. The current laws try to protect pregnant women from harm caused by others but not from their own actions that could harm the unborn child. This lack of clarity leads to many legal, ethical, and social questions, especially concerning the rights of unborn children in cases of criminal acts. This article suggests a detailed legal approach that considers both scientific and medical perspectives. It argues that unborn children should be recognised as victims of crime, even when the crime is committed by their mothers.

Judicial Review of Child Violence Committed by Caregivers

This study examines the legal protection of children from violence in Indonesia, focusing on the implementation of Law Number 35 of 2014 concerning Child Protection. The research methodology employed is a normative juridical approach with analysis of primary and secondary data. Primary data includes the law itself, its implementing regulations, and court decisions related to child abuse cases. Secondary data comprises legal articles, academic journals, and reports from the Indonesian Commission on Child Protection (KPAI). The findings indicate that Law Number 35 of 2014 provides a comprehensive legal framework for protecting children from various forms of violence. However, its implementation faces challenges in terms of consistent law enforcement, access to adequate social and mental health services, and the need for increased public awareness. Case studies such as that of Janna Amira Priyanka underscore the urgency of improving child protection from violence. Recommendations from this research include enhancing the capacity of law enforcement agencies, expanding social service networks, educating and raising awareness among the public about children's rights, and improving inter-agency coordination to effectively enhance child protection in Indonesia.