Parental Rights Research Articles

The Procedure for the Exercise by Parents of the Right and Obligation to Determine the Surname of the Child and its Change

Introduction. The article discusses the features of the exercise by parents of the right and obligation to determine the name of the child and its change, which are included in the list of personal non-property rights and obligations of parents, evasion of which may lead to deprivation of parental rights. Theoretical Basis. Methods. The methodological basis of the study was philosophical methodology (dialectical method of cognition), general scientific methodology (modeling, logical analysis) and private methodology (comparative legal method, method of interpretation of law). Results. It is determined that the exercise of the right and the fulfillment of the obligation by parents to determine the name of the child takes place when registering the birth of the child. The authority of the father depends on the state of marriage with the mother of the child and the presence or absence of the will to establish paternity on a voluntary basis. In connection with the admission of registration of the birth of a child at the request of other persons, the authority of parents to determine the name of the child should be interpreted broadly. Parents should take steps to register the child’s birth with the civil registration authorities. The change of the child’s surname may take place after the registration of the child’s birth, but before the child reaches the age of sixteen. The procedure for such a change, the conditions that must be observed to change the surname, depend on a number of facts – the family legal status of the parent, the presence or absence of the will of both parents, the age of the child, the presence or absence of the consent of the child who has reached the age of ten. Discussion and Conclusion. Parents exercise the right and obligation to determine the child’s surname when registering the child’s birth with the civil registration authorities. After registering the birth of a child, a change in the child’s surname may take place if he has not reached the age of sixteen. Changing the surname of a child under the age of sixteen is the responsibility of the parents only in the event of a surname change by both parents. In cases where paternity is established on a voluntary basis, when submitting a joint application for registration of the establishment of paternity, the parents in the joint application exercise their right to determine the child’s surname, since the choice from the surnames of the parents is carried out regardless of the discretion of the law enforcement authorities. The powers of parents to change the name of the child are limited by the discretion of law enforcement authorities.

Work-life balance po polsku – najważniejsze refleksje po nowelizacji z 2023 r.

The article concerns the method and effects of implementing Directive 2019/1158 in the field of work-life balance. The author refers to the most important thematic areas of amendments, i.e. mainly parental rights, and places them in the context of work-life balance and working time. The author indicates the most important problems regarding the implementation of the so-called work-life balance directive in this context. There are still many unsolved issues and most impor-tantly the question of whether all changes were equally necessary. The author also raises the issue of working time as a key element in the interpretation of changes in the labor law system.

The Walt Disney Company and Florida’s “Don’t Say Gay” bill

Research methodology This secondary source case is based mainly on legislative documents (that tracked the initiation and progress of the Parental Rights in Education bill that later became an Act), corporate documents (published by The Walt Disney Company) and news articles from publications such as The New York Times and Bloomberg. All sources are cited in the case narrative and as end notes. Case overview/synopsis In April 2022, The Walt Disney Company and its CEO, Robert Chapek, were at the center of a controversy over the company’s opposition to the State of Florida’s Parental Rights in Education bill. The bill, dubbed “Don’t Say Gay” by its critics, prohibited instruction on sexual identity and gender orientation in the state’s elementary schools. The controversy stemmed from Disney’s initial non-reaction to the bill and its later strident opposition and call for its repeal. Chapek was pressured by negative media publicity and employee disgruntlement on the one hand and adverse economic consequences for opposing the bill by the state’s Governor, Ron DeSantis. Chapek and the Board had to respond to the political threats to Disney’s economic well-being while appeasing its employees and other stakeholders who wanted the company to be a corporate champion in diversity, equity and inclusion. Complexity academic level The case is best suited for advanced undergraduate or graduate leadership, strategic management and marketing courses. From a leadership and strategic management perspective, the case is well-suited for demonstrating the evolving expectations of leaders and corporate social responsibility, as well as the concepts of issue framing and nonmarket management. Instructors may also leverage the case in marketing courses (e.g. brand management), as CEO activism (i.e. messaging and practice) is one characteristic of brand activism (Animation Guild, 2022).

Shared Parenting in Europe

Abstract With the commonality of parental separation in Europe today, safeguarding the best interests of the child has become increasingly challenging. The potential of shared parenting to serve the best interests of the child and to safeguard parental rights post-separation have been drivers for its increased prominence in public discourse, and some European States have already adopted legislation to encourage or even set it as a preference over sole custody – a change that has doubtless been brought about by studies on child welfare and advocacy for parental equality. The aim of this article is to analyse the concept of shared parenting through the lens of European human rights law in order to discover how it is viewed in relation to the best interests of the child, and whether having legal measures in place to encourage it should be considered a component of the best interests of the child.

Physicians’ knowledge, attitude and perceptions towards vaccine-hesitant parents: a cross-sectional study

ObjectivesResearch has shown that physicians are encountering an increase in vaccine-hesitant parents (VHPs) numbers. This study examined physicians' vaccination knowledge, vaccine-related discussions with VHPs, beliefs about and responses to vaccine hesitancy, and challenges faced while discussing immunization with VHPs.MethodsThis cross-sectional, descriptive study was performed at King Saud University Medical City (KSUMC), Riyadh, Saudi Arabia, in September 2020. The data were collected through a questionnaire distributed via email. The sample comprised 90 physicians who routinely treat children and reported they frequently have appropriate vaccine discussions when encountering VHPs.ResultsNinety participants (59% were females) completed the questionnaire. Of these, 37.8% were from family medicine, 7.8% from primary care, and 54.4% from paediatrics. The most discussed topics were vaccine necessity, reasons for vaccine refusal, and vaccine safety. Seventeen participants (18.8%) reported being extremely confident, and (42.2%) were confident in their vaccine-specific knowledge. Regarding confidence in communication skills, 22.2% reported being extremely confident and (45.6%) were confident. Determinants of higher confidence in the knowledge and communication skills were physician age (p = 0.001 and p = 0.0001, respectively), years of practice (p = 0.002 and (p = 0.005), and patients seen per workday (p = 0.0001 and p = 0.024). Other factors such as physician sex (p = 0.062), the field of practice (p = 0.329), and hours of work per week (p = 0.061) were not significantly different. Forty-six (51%) physicians sometimes find it challenging to conduct appropriate vaccine-related discussions because of having too many other issues to discuss during the consultation. Furthermore, 53 (59%) participants agreed/strongly agreed that parental refusal to vaccinate would raise suspicions of negligence. On the other hand, 59 (65%) disagreed/strongly disagreed that parental refusal of vaccines is a parental right. Participants expressed the need to refer VHPs to a specialised advisory clinic with excellent experience and negotiation skills to overcome the challenges.ConclusionVaccine safety and necessity are the topics of most concern to VHPs, and a knowledgeable physician with competent communication skills is critical in responding to such situations. This study highlights the most reported barriers to successful vaccine-related discussions. It raises underlying ethical principles such as parental autonomy and the need to train physicians in VHPs. To train physians for succucful vaccine counceling of VHPs.

Administrative and legal relations for the provision of administrative guardianship in the field of higher education

The state guarantees equal access to higher education. Due to the Chernobyl disaster, war, or other circumstances (death of both parents or deprivation of their parental rights, damage to health, which led to limitation of life activities and establishment of disability), we have entrants who do not have the opportunity to exercise their right to higher education on equal terms with other entrants who were not affected by these circumstances.
 We have a number of legislative acts to regulate these relations to ensure equal access to higher education for socially disadvantaged population groups, among which the Constitution of Ukraine and the Law of Ukraine «On Education» are generally declarative in national legislation. The Law «On Higher Education» already specifies the subjects of administrative guardianship in the field of higher education, as well as their right to a specific type of administrative guardianship in the field of higher education. Exercising his right to equal access to higher education, the subject of administrative guardianship in the field of higher education applies to the institution of higher education with a request to provide a specific type of administrative guardianship in the field of higher education, the institution of higher education takes measures to provide administrative guardianship in the field of higher education. Relations arise, which should be called administrative-legal relations of administrative guardianship in the field of higher education. Why precisely administrative-legal relations, because firstly, these relations are regulated by the norms of administrative law, for example, the norms regulating the procedure for admission to an institution of higher education and relating to subjects of administrative guardianship in the field of higher education are created and approved by the Ministry of Education and Science of Ukraine, that is, by the central body of the executive power, secondly, in the presence of a wide range of rights, the student is in a certain subordination to the institution of higher education, so according to Article 63 of the Law of Ukraine «On Higher Education», the student of the institution of higher education undertakes to observe the statute and internal regulations of the institution of higher education, comply with the requirements for occupational health and safety, safety technology, industrial sanitation, and fire safety provided by the relevant rules and instructions, comply with the requirements of the educational (scientific) program (individual curriculum (if available), observing academic integrity, and achieve the study results determined for the corresponding level of higher education, thirdly, administrative guardianship in the field of higher education is provided at the expense of the state budget, fourthly, administrative-legal relations regarding the provision of administrative guardianship in the field of higher education arise in the presence of administrative-legal norms , which prescribe them. Institutions of higher education under the supervision of the Ministry of Education and Science of Ukraine, as well as persons who are entrants or students of higher education and wish to receive administrative guardianship in the field of higher education, are the subjects of administrative-legal relations regarding administrative guardianship in the field of higher education. This article is dedicated to the study of the topic of administrative-legal relations for the provision of administrative guardianship in the field of higher education, subjects, objects and legal grounds for the emergence, change and termination of these relations.

Discipline, Erasure, and Silenced Subjectivities: A Critical Discourse Analysis of Florida's 2022 Parental Rights in Education Act

This critical policy analysis is concerned with the discursive linguistic practices and social justice implications surrounding the passage of Florida's controversial “Parental Rights in Education Act” (PREA), which enacts limitations on classroom instruction involving topics related to gender and sexuality. Foregrounding this essay lays a call for social work scholarship to recognize the significance of the critical semiotic and post-structural turn in social science research, which evinces the importance of attending to the nuanced relationship between discourse, power, ideology, and identity formation. As a field espousing the tenets of social justice and commitments to the broader aims of social equality, social work holds an inherent investment in understanding the politics of language and, by extension, the language of emancipatory change. Informed by critical discourse analysis (CDA) and feminist post-structural thought, this analysis brings to the forefront the relevance of discourse, language, and semiotics as crucial objects of inquiry and seeks to examine what norms are in operation in the context of this legislation. What can discourse reveal about the nature of the social problem as postulated by PREA, and what discursive implications might it contain? Ultimately, this analysis contends that PREA represents a new threshold of educational and queer surveillance, best understood when bracketed by the ideologies of neoliberalism, cis-/heteropatriarchy, and the concomitant articulation of transphobia.

United States of hate: mapping backlash Bills against LGBTIQ+ youth

ABSTRACT Following the recent proliferation of anti-discrimination protections supporting LGBTIQ+ youth internationally, backlash periods have ensued. Whilst liberal-progressive rights models theorise ‘backlash’ as an expected consequence of rights recognitions progress, some post-colonial and Queer scholars frame backlash within enduring authoritarian anti-rights tendencies, and question assumptions of progress. To understand backlash more adequately, this paper explores state-level anti-LGBTIQ+ Bills potentially impacting youth proposed in the USA between 2018 and 2022. Critical discourse analysis is used to map the different types, locations, conceptual arrangements and outcomes of 543 anti-LGBTIQ+ rights US state-level proposed Bills. Bill attempts were mainly concentrated in Republican-governed states including Tennessee (48), Missouri (40), Iowa (39), Oklahoma (32) and Texas (32). Overly extended claims concerning girls/women’s religious and parental rights were advanced in opposition to LGBTIQ+ youth rights, and as part of wider rights attacks. Bills used anti-rights and pro-rights discourses to mask as ‘backlash’ the rights claims advanced by elite-led anti-rights mobilisations.

Equal Access to Parenthood and the Imperfect Duty to Benefit

Should involuntarily childless people have the same opportunities to access parenthood as those who are not involuntarily childless? In the context of assisted reproductive technologies, affirmative answers to this question are often cashed out in terms of positive rights, including rights to third-party reproduction. In this paper, we critically explore the scope and extent to which any such right would hold up morally. Ultimately, we argue for a departure away from positive parental rights. Instead, we argue that the state has an imperfect duty to benefit involuntarily childless people in relation to their parental aspirations.

The Rights of Man: Libertarians’ concern for men’s, but not women’s, reproductive autonomy (A summary and recontextualization of existing research)

Libertarians claim individual autonomy as their central political principle, but historical and current evidence suggests this principle has been applied selectively. Reproductive decisions such as abortion can uniquely stress the concept of individual autonomy by placing into conflict the claimed rights of each biological parent to choose. We conducted two identical studies demonstrating that among US participants, libertarianism is associated with opposition to women’s reproductive autonomy but support for men’s. Self-identified libertarians tended to oppose women’s abortion rights, and support men’s right to both prevent women from having abortions (male veto), and withdraw financial support for a child when women refuse to terminate the pregnancy (financial abortion), and hostile sexism may account for libertarians’ selective support for men’s and not women’s reproductive autonomy. These results are discussed in the context of the recent reversal of the Roe vs. Wade supreme court ruling in the United States, imperiling a woman’s constitutional right to abortion.

Obligation to Provide Sexuality Education: Reviewing Women’s Right to Sexual and Reproductive Health under UN Human Rights Treaties

ABSTRACTSexual and reproductive health is increasingly recognised under the international human rights framework, but women’s right to sexual and reproductive health is frequently undermined by service providers’ conscientious objections. This article contributes to another under-researched realm: some parents’ unwillingness to allow their children to engage in sexuality education. By analysing United Nations human rights treaties, this article argues that states have a positive obligation to provide sexuality education in order to realise women’s right to sexual and reproductive health. Given treaty bodies’ lack of explicit reference to parents’ conscientious objections against sexuality education, this article advances three approaches, which respond to conflicts between women’s right to sexual and reproductive health and parental rights, suggesting that states are left with little space to refuse the provision of sexuality education by citing parents’ conscientious objections.

Housing circumstances of disabled parents within the child welfare system

Parents with disabilities are more likely than their nondisabled counterparts to have child welfare system involvement. Furthermore, once they are involved in the child welfare system, parents with disabilities have disproportionately high rates of poor outcomes, including termination of parental rights. Inadequate housing is also associated with heightened risk for child welfare system involvement, and yet no study has explored the housing circumstances of parents with different types of disabilities within the child welfare system.The present study aims to fill these gaps by providing a national-level examination of the housing circumstances of parents with disabilities involved in the child welfare system, including parents from racial and ethnic minorities. Using data from data the 2018 National Child Abuse and Neglect Data System (NCANDS), Poisson regression analyses yielded risk ratios, which were used to compare the housing circumstances of parents with and without disabilities. Interaction terms were used to explore the compounding effects of race and disability.Results show that parents with disabilities compared to parents without disabilities experience heightened risk for inadequate housing. The risk is compounded for Black parents with disabilities. These findings indicate the need to prioritize housing supports for disabled parents with child welfare system involvement.

Promotion, Protection, and Support of Breastfeeding as a Human Right: A Narrative Review.

Background: Despite the benefits of breastfeeding, there are significant disparities in rates among various racial, social, and economic groups. Society poses various barriers to breastfeeding, threatening the child's access to a basic human right. Exploring and understanding these issues can ensure that effective interventions are implemented. Objective: To present situations in which the mother's and child's basic human right to breastfeeding is threatened and to highlight opportunities to uphold their rights within social and health care systems. Methods: A literature search of relevant articles was performed via PubMed regarding (1) rights to optimal protections for breastfeeding, (2) situations in which the rights of breastfeeding parents are threatened, and (3) challenges in providing inclusive and equitable breastfeeding care along with strategies to uphold the human right to breastfeed. Results: Maternity leave of at least 12 weeks was associated with higher breastfeeding rates, whereas mandated breaks in the workplace resulted in either positive or inconclusive effects. Peer counseling, institutional initiatives, and mass media campaigns were among the most effective interventions; however, effects on breastfeeding varied among different racial groups. Conclusions: There are clear benefits of breastfeeding for mothers and infants, which highlight the importance of prioritizing breastfeeding as a basic human right. Regardless, there are numerous societal barriers to providing equitable breastfeeding care. Although there are interventions that have proven to be helpful in breastfeeding promotion, protection, and support, further standardized research will be beneficial in identifying effective and inclusive interventions.

A call for saying “gay”

AbstractOn March 28, 2022, Florida's Governor Ron DeSantis signed HB 1557 “The Parental Rights in Education” bill into law, taking effect July 1, 2022. As written, the bill: (a) prohibits discussion of lesbian, gay, bisexual, transgender, intersex, queer/questioning, and all other terms and concepts related to sexuality and gender (LGBTQ+) topics within schools, (b) requires schools to provide access to confidential records (e.g., counseling notes), and (c) requires school staff to notify parents when students engage in LGBTQ+ conversations or seek resources. While proponents posit that HB 1557 protects the “parents' fundamental rights to make decisions regarding the upbringing of their children,” critics and activists contend that the bill will result in enduring damage to LGBTQ+ students. The purpose of this essay is threefold: (a) describe HB 1557 and elaborate on public responses to the bill, (b) provide stakeholder commentary on HB 1557, and (c) offer considerations to support members of the LGBTQ+ community in schools.

An Investigation of The Judge's Ruling on Divorce Due to Apostasy at The Religious Court of South Jakarta, Class IA (Maslahat Perspective)

The main problem of this study is an investigation of the judge's ruling on divorce due to apostasy at the religious court of South Jakarta, class IA (maslahat perspective). This study used qualitative research obtained through field research with a juridical approach. The data sources in this study were judges and clerks at the religious court in South Jakarta. Data collection was carried out through observation, interviews, and documentation methods. Meanwhile, technique processing and analysis of the data were carried out in three stages, namely data reduction, data processing, data presentation, and drawing conclusions. This study showed that: 1) The decision of the judge at the religious court in South Jakarta about the revocation of the marriage of the parties with the excuse of apostasy can be understood as the result of the petitioner, who is apostate. So that he was no longer able to create a sakinah mawaddah wa rahmah family. This has to be done to provide legal certainty and benefits for those who adhere to the Islamic religion. 2) The judge's legal consideration mentioned that the divorce has met the requirements for a good reason. 3) Legal consequences of the judge's ruling on divorce based on the reasons for Article 116 in Compilation of Islamic Law (KHI) points (a) to (g) and based on the reasons for divorce, Article 19 of the Government Regulation of the Republic of Indonesia Number 9 of 1975 about the implementation of Law of the Republic of Indonesia Number 1 of 1974 about marriage. It states that a true divorce will only result in the legal consequences of the extinguished joint property, the husband's rights, the obligation to live together, and parental rights; then it will result in the right of guardianship.

Independent non-legal advocacy in the child protection context: A descriptive review of the literature

ObjectiveTo review the current literature on the use and value of independent non-legal advocacy for parents in the context of child protection. MethodA descriptive literature review was undertaken to identify, review, synthesize and unify the available literature on independent non-legal advocacy for parents in a child protection context. A systematic search resulted in 45 publications published between 2008 and 2021 being included in the review. Each publication was then thematically analyzed. OutcomeThe role and context of different forms of independent non-legal advocacy are described. This is followed by an overview of the three overarching themes identified through thematic analysis - human rights, improving parenting and child protection practice and economic benefits. ConclusionsThe topic of independent non-legal advocacy in child protection settings is an important, under-researched topic. The increasing number of positive outcomes noted in small scale program evaluations suggests the role of independent non-legal advocate may hold significant benefits for families, service systems and governments. Implications for service delivery include enhanced social justice and human rights for parents and children.

Koncepcja dzielnej ofiary a obszary kulturowo-prawnej dyskryminacji instytucjonalnej kobiet w Polsce

Institutional discrimination against women in Poland is a social problem that persists despite constitutional guarantees of gender equality and legislation providing for compensatory measures. The article analyzes the possibility of using M. Marody’s concept of the “brave victim” as a means of designing compensatory actions in legislation and enforcement that will help eliminate institutional discrimination. Institutional discrimination is defined in legal doctrine as discrimination that occurs at the level of a given institution, organization, or even society as a whole.The article also analyzes cultural and social factors that condition or contribute to the deepening of legal and social inequality for women. The article identifies areas of institutional discrimination in Poland, including: the labor market, parental rights, social rights, access to political functions, and increasing women’s participation in public life.The analysis of national legal regulations and regulations implemented from EU law indicates the heterogeneity of protection against discrimination. The article proposes conditions and principles for the application of special legal solutions that establish anti-discrimination standards applicable in the current social conditions in Poland.The concept of the “brave victim” is a social fact that the legislator should take into account when designing policy law to avoid social tensions and develop effective legal solutions to counter discrimination.

Same-Sex Parenting in Italy: An Affective and Developmental Psychocultural Analysis

IntroductionThe study focuses on the issue of same-sex parenting in Italy, one of the few Western countries where it is not legally permitted. The aim of the research is to collect the experience of parents who have had a child abroad through reproduction and/or gestation procedures not ratified and recognized by the national legal system.MethodsThe research involved 32 same-sex parents, specifically 22 mothers (Mage = 41.3; SD = 6.5) and 10 fathers (Mage = 43.8; SD = 7.4) of at least one child. Data were collected in the first part of 2022, using a narrative interview designed to collect parents’ representation of same-sex parenting in Italy. The interviews were analyzed using Emotional Textual Analysis, a text mining methodology for tracing the emotional dimensions of text.ResultsThe factorial analysis generated four thematic clusters (1—loneliness; 2—denied rights; 3—starting a family; and 4—future of LGBTQ+ liberation process) and two factors (1—minority stress; 2—conservatorism).ConclusionsThe results highlight a strong cultural backwardness in Italy on LGBTQ+ parental rights. Participants experience the desire and the practice of being parents within a cultural framework that, in the absence of legislative norms that protect these forms of generativity, emphasizes their sense of difference and isolation.Policy ImplicationsFuture policies should be concerned with the need for cultural and legislative advances, supported by progressive movements and associations, as well as the development of psychological-clinical settings capable of supporting an emotional position in the parents based on trust about the context and the future.

Deprivation of parental rights: a safety net for children or parents?

Deprivation of parental rights: a safety net for children or parents?

Közös vagy kizárólagos szülői felügyelet?

Nowadays, as long as parents live together, it is usually not disputed that they jointly exercise their parental rights over their child. It was not so clear before. Before the Family Law Act entered into force in 1953, fathers had additional rights compared to mothers, as long as they raised the child in a joint household. After the breakup of the relationship, strict rules determined which parent was entitled to exercise parental custody rights. When making its decision, the court placed particular emphasis on the sex and age of the child, as well as which parent’s fault led to divorce. In the second half of the 20th century, the rights of parents were equalized, but after the end of marriage, it became natural for a long time, that mothers should raise their children alone. Following the amendment of the Civil Code the joint responsibility of the parents in raising the child is now of paramount importance, and the enforcement of the child's interests is becoming more and more important.