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Journal articles on the topic 'Child; child's rights; best interests of the child'

Author: Grafiati

Published: 4 June 2025

Last updated: 1 August 2025

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1

Kudeikina, Inga, and Karina Palkova. "The right to health in context of ensuring the best interests of the child." SHS Web of Conferences 51 (2018): 01015. http://dx.doi.org/10.1051/shsconf/20185101015.

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The right to health is one of the human fundamental rights. In present socio-legal area in health security issues, the human as an unconditional obedient patient, transforms into medical practitioner's associate, actively participating in all discussions of issues, which affect his health and executable medical manipulations. The human from medical object has turned into the medical subject. As exceptions can be mentioned persons who, for objective reasons, are not able to exercise their rights in full. One of such person group is children. Children have no capability to exercise their rights

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2

Witri, Repelita, and Marsudi Dedi Putra. "Immunization Rejection as a Parental Right and Children's Right to Health in the Perspective of Health Law in Indonesia." Rechtsvinding 3, no. 1 (2025): 11–16. https://doi.org/10.59525/rechtsvinding.v3i1.648.

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Parental refusal of immunization for children creates a conflict between parental rights in caregiving and the child’s right to health, which is guaranteed by law. This research aims to analyze the conflict between these two rights within the framework of Indonesian health law and to explain the state's authority to protect children's health rights. This research uses a normative juridical method by analyzing legal regulations, scholarly literature, and legal principles concerning the best interests of the child. The results indicate that parental rights are relative and may be restricted if t

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3

Bunga, Dewi, I. Nyoman Yoga Segara, and Desyanti Suka Asih K. Tus. "Spotlighting the Neglect of Balinese Women's and Children's Rights in Custody Court Decisions." Udayana Journal of Law and Culture 8, no. 2 (2024): 233. http://dx.doi.org/10.24843/ujlc.2024.v08.i02.p05.

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The Balinese society adheres to a patrilineal kinship system in which men are considered the successors of the lineage. This system often serves as the rationale for awarding child custody to fathers in divorce cases, frequently disregarding the rights of the mother and the best interests of the child. This study examines the implications of the patrilineal kinship system on divorce proceedings, the criteria used by judges in child custody decisions among the Balinese, and the potential for reconstructing child custody arrangements to prioritize the child's best interests. It is a legal resear

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4

Archard, David, and Marit Skivenes. "Balancing a Child's Best Interests and a Child's Views." International Journal of Children's Rights 17, no. 1 (2009): 1–21. http://dx.doi.org/10.1163/157181808x358276.

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AbstractWe consider the problem of reconciling the two commitments to hear a child and to promote a child's best interests by identifying the principal issues at stake and illustrating them by reference to legal decision-making in the domains of health in the United Kingdom and custody and child protection in Norway. We agree that a child's views are not authoritative but dispute Harry Brighouse's claim that they are only of consultative value, affirming the fundamental right of a child capable of expressing a view of doing so and of thereby participating in the procedures where decisions affe

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Mihajlović, Ljubica. "Criteria for assessing the best interests of the child in proceedings for the protection of children's rights." Glasnik Advokatske komore Vojvodine 95, no. 3 (2023): 1083–117. http://dx.doi.org/10.5937/gakv95-41208.

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The principle of the best interests of the child is one of the four fundamental guiding principles underlying the system for the protection of children's rights under the auspices of the United Nations and the Convention on the Rights of the Child (CRC). It constitutes a general principle, a flexible concept/term to which legal practitioners attribute specific meaning in each unique case. The Family Law of the Republic of Serbia and the Convention on the Rights of the Child both lack a definition of this principle, leaving ample room for assessing the child's best interests in concreto, i.e.,

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6

Noria, Chebourou. "THE IMPACT OF THE BEST INTERESTS OF THE CHILD STANDARD ON RESOLVING LEGAL CUSTODY DISPUTES." Journal of Law and Sustainable Development 13, no. 6 (2025): e04461. https://doi.org/10.55908/sdgs.v13i6.4461.

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Objective: The study aims to highlight the modern approach to resolving the conflict of laws in custody matters, focusing on the use of the best interests of the child standard as a connecting factor to determine the applicable law in disputes with a foreign element related to the child's right to custody. Theoretical Framework: The study first addresses the concept of the best interests of the child in custody cases, clarifying its international and national legal foundations, particularly within Algerian legislation and the legal texts governing custody in the Family Code, as well as Law No.

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7

Natalia El, Rehuel, and Yogo Pamungkas. "PERWALIAN (HAK ASUH) ANAK YANG DIBERIKAN KEPADA AYAH AKIBAT PERCERAIAN (STUDI PUTUSAN NOMOR 355/PDT.G/2022/PN JKT.UTR)." AMICUS CURIAE 1, no. 1 (2024): 110–21. http://dx.doi.org/10.25105/amicus.v1i1.19556.

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Child’s guardianship given to whom due to a divorce is not strongly regulated, but child custody disputes are decided by courts based on children’s interests. The decision of District Court Number 355/Pdt.G/2022/PN Jkt.Utr decides that the father receives the guardianship of the three children. The issues in this article are whether the judge's legal considerations in awarding custody of the kid to the father conform with Law Number 1 of Year 1974 on Marriage and Government Regulation Number 29 of Year 2019 on Terms and Procedures for Appointing Guardians and whether the guardianship (custodia

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8

Wiratny, Ni Ketut. "Prinsip Kepentingan Terbaik Bagi Anak Dalam Diversi Pada Sistem Peradilan Pidana Anak." Jurnal Ilmiah Raad Kertha 1, no. 1 (2020): 61–77. http://dx.doi.org/10.47532/jirk.v1i1.147.

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Article 28 B Paragraph (2), the Constitution of the Republic of IndosesiaYear 1945 each child shall have the right to survival, grow and develop and shallbe entitled to protection of violence and discrimination, Protection of the rights ofthe child shall be contained in the UN Convention on the Rights 1989, has beenratified by more than 191 countries, including Indonesia as a member of the UNthrough Presidential Decree No. 36 of 1990. Thus the UN convention has becomeIndonesian law and binds all Indonesian citizens . To enforce the provisions setforth in the Convention on the Rights of the Chi

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9

Krutzinna, Jenny. "Who is “The Child”? Best Interests and Individuality of Children in Discretionary Decision-Making." International Journal of Children’s Rights 30, no. 1 (2022): 120–45. http://dx.doi.org/10.1163/15718182-30010005.

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Abstract While the substantiation of “best interests” has received much attention, the question of how “the child” is conceptualised to ensure any action taken or decision made is in the particular child’s best interests has been largely neglected. In this paper, I argue that the lack of robust understanding of who “the child” is, means that we continue to make many generalisations and category-based assumptions in determining the child’s best interests. In addressing the challenge of doing right by the individual child, I propose a three-step approach based on a theoretical model of the child

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10

Rakhimova, Gakku, Zhanna Khamzina, Nessibeli Kalkayeva, Yermek Buribayev, and Zhanel Sailibayeva. "Legal Protection of Children in Kazakhstan: Problems and Challenges." Lex Scientia Law Review 8, no. 1 (2024): 489–516. https://doi.org/10.15294/lslr.v8i1.1220.

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Since Kazakhstan's independence in 1991, the nation's child protection legal framework has evolved through three distinct phases: inception, establishment, and initial development. This evolutionary journey has yielded significant progress in multiple facets of child protection, including the refinement of legislative aims; principles; and the conceptual and substantive aspects of child welfare. Notably, this progression encompasses enhanced measures in criminal, civil, and administrative justice for child protection, as well as improved mechanisms for the monitoring and execution of these law

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11

Fathoni, Muhammad Nur, Nency Dela Oktora, and Mufliha Wijayati. "THE BEST INTERESTS OF THE CHILD FROM AN ADULT PERSPECTIVE (A Case Study on Child Marriage Dispensation Cases at the Sukadana Religious Court)." istinbath 23, no. 2 (2024): 400–413. https://doi.org/10.20414/ijhi.v23i2.769.

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This study examines how the child's best interests principle is applied in child marriage dispensation cases at the Sukadana Religious Court, emphasizing the contrasting viewpoints of applicants (parents or guardians) and judges. This topic is significant due to the high prevalence of child marriages at the Sukadana Religious Court, which frequently leads to various adverse effects on children's development. This research employs a qualitative approach combining normative and empirical methods, utilizing a case study framework. It includes an analysis of decisions from the Sukadana Religious C

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12

Datsenko, Vasyl. "Ensuring the interests of children in cases of deprivation of parental rights." Slovo of the National School of Judges of Ukraine, no. 1(34) (July 5, 2021): 103–17. http://dx.doi.org/10.37566/2707-6849-2021-1(34)-9.

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Proper child-rearing of children is the main moral and legal obligation for both parents. In addition, the way parents fulfill their relationships fully requires the constant development of the child, according to her formation and becoming as a person. Unfortunately, not all parents fully communicate their responsibility for the development of the child, the formation of his personality, the importance of their upbringing for a better future of a child. In those times when parents misuse their shared ties, family law measures may be applied to them when the parental rights greeting appears. A

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13

Farid, Muhammad, Muhammad Syukri Albani, and Fauziah Lubis. "Legal Reconstruction of Hadhanah Rights Due to Divorce in Indonesia from a Maqashid Syari’ah Perspective." JURNAL AKTA 12, no. 1 (2025): 123. https://doi.org/10.30659/akta.v12i1.43809.

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The issue of child custody (Hadhanah) following divorce in Indonesia remains a critical legal concern, particularly in ensuring children's welfare. Indonesian regulations, including Law No. 1 of 1974 and the Compilation of Islamic Law (KHI), govern custody based on the child’s age and impose an obligation on parents to provide financial support. However, these regulations lack sanctions for parents who neglect their responsibilities, leading to concerns over inadequate care, education, and financial support for children. This study aims to analyze the legal reconstruction of Hadhanah rights fr

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14

Burdin, M. Yu, I. L. Nevzorov, and T. S. Tomliak. "Antinomies of Anglo-American and Domestic jurisprudence in understanding the children’s rights issues." Law and Safety 91, no. 4 (2023): 150–60. http://dx.doi.org/10.32631/pb.2023.4.13.

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The article analyses the views of Anglo-American jurisprudence on the issues of children's rights in the context of similar national scientific works. Within the Ukrainian legal thought, the issue of childhood legal mediation and understanding of the child's status is traditionally addressed on the basis of theoretical (primarily positivist) ideas about the subjects of legal relations, the theory of the legal status of a person, and ways of protecting rights developed by fundamental legal science, civil and family law. The formation and development of the best interests of the chil

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15

Negara, Arman Sukma. "Diversion As A Crime Solution Towards Child Crime Prepertrator." Ius Poenale 2, no. 1 (2021): 21–30. http://dx.doi.org/10.25041/ip.v2i1.2204.

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Diversion efforts is an alternative solution for the sake of realizing children's interests and protecting the future of children from the destructive effects of imprisonment, which stigmatize criminals in the eyes of the community, but all of these have not been maximally realized because there is a court decision in the Lampung region itself which still applies sanctions punishment as an effective method of providing a deterrent effect on children. Based on this, this research's main problem focuses on implementing diversion for children as a criminal solution for juvenile offenders and whet

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16

Bagenda, Christina, and Cicilia Hellena Carbonilla. "THE PRINCIPLE OF THE BEST INTEREST OF THE CHILD IN GRANTING CHILD CUSTODY RELATED TO DIVORCE." Pena Justisia: Media Komunikasi dan Kajian Hukum 23, no. 2 (2024): 378. http://dx.doi.org/10.31941/pj.v23i2.4675.

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<table border="0" cellspacing="0" cellpadding="0"><tbody><tr><td valign="top" width="388"><p class="TableParagraph">The principle of the best interest of the child is a fundamental principle universally recognized in the protection of children's rights. This principle is especially relevant in the context of divorce, where decisions regarding child custody must be made with a comprehensive consideration of the child's best interests. The purpose of this research is to analyze the application of the best interest of the child principle and to identify the main fact

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17

Segal, Leonie. "A systems perspective on child abuse and neglect: If we care about the child, care for the birth family." Australian and New Zealand Journal of Family Therapy 45, no. 4 (2024): 375–87. https://doi.org/10.1002/anzf.1614.

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AbstractA commitment by policymakers and practitioners to the best interests of the child is uncontroversial. The child's right to be with their birth family is enshrined in the UN Convention on the Rights of the Child, unless ‘separation is necessary for the best interests of the child’ (Article 9). But how do we understand 'best interests of the child'? Does this encompass only childhood or extend across life? Can 'best interest' be determined by ideology or principles alone? How does the permanency principle interact with best interest? For children exposed to serious abuse or neglect and r

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18

Krychyna, A. "PROCEDURAL RIGHTS OF A CHILD IN CIVIL LITIGATION IN THE LIGHT OF THE BEST INTERESTS OF THE CHILD PRINCIPLE." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studie, no. 121 (2022): 50–53. http://dx.doi.org/10.17721/1728-2195/2022/2.121-8.

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The article considers the concept of "best interests of the child" and the problems of its implementation in the current legislation of Ukraine. The current legislation of Ukraine is analysed concerning the adequacy of the existing procedural rights of the child in civil proceedings to provide a minor and a minor child the opportunity to express their own views. It is noted about the gradual changes in the minds of persons responsible for the current legislation to ensure the procedural rights of the child in civil proceedings. The urgency of this issue is quite significant, given that most fa

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19

Datsenko, Vasyl. "Current trends in ensuring the best interests of the child in child support cases." Slovo of the National School of Judges of Ukraine, no. 2(35) (August 20, 2021): 112–26. http://dx.doi.org/10.37566/2707-6849-2021-2(35)-10.

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The article is sanctified to the application of the principle of ensuring the best interests of the child in the cases of recovery of alimony at the present stage of development of Ukrainian society. It is determined that the regulation of family relations with the participation of the child is increasingly focused on ensuring the best interests of the child. This principle also includes an element of the child's material security, which should be understood as the child's right to protection and care, which are necessary to provide material needs. The obligation of material support of the chi

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20

Multazam, Umar. "The Concept of Child Custody (Hadhanah) After Divorce in the Perspective of Islamic Law." Indonesian Journal of Islamic Law 7, no. 1 (2024): 16–39. http://dx.doi.org/10.35719/ijil.v7i1.1956.

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This research discusses post-divorce child custody (hadhanah) disputes in Indonesia which are resolved in religious courts based on substantive and formal law. The Qur’an and hadith do not explicitly mention hadhanah, but the verses about breastfeeding and fathers' obligations are close to the concept of child custody. The obligations of parents after marriage are to care for, protect, educate, and care for children until adulthood, with the determination of custody by a judge after a divorce it can fall to the mother or father. This research aims to understand the concept of child custody aft

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21

Budi, Kukuh Pramono, Ghansham Anand, Shintya Yulfa Septiningrum, Nur Ezan Rahmat, and Xavier Nugraha. "Adjudicating Joint Property Dispute in Islamic Jurisprudence: Balancing The Best Interests of The Child With A Focus on Residency." Syariah: Jurnal Hukum dan Pemikiran 23, no. 2 (2024): 245–66. http://dx.doi.org/10.18592/sjhp.v23i2.12278.

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Children hold a very important role in the development of a country. However, children are generally vulnerable; hence, protecting and ensuring children's rights must be a priority. One example of a condition where children’s rights are put at risk is when a child's residence becomes the object of a joint property lawsuit. In this case, the principle of the best interests of the child needs to be the main consideration in all matters of decision. This study aims to determine the characteristics of the best interests of the child principle in Islamic law and analyze the formulation of the judge

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22

Bridgeman, Jo. "Rights of the Child or Parental Authority in Children’s Medical Treatment Cases?" Amicus Curiae 5, no. 2 (2024): 239–55. http://dx.doi.org/10.14296/ac.v5i2.5681.

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Recent cases concerned with the future medical treatment of a child with a life-limiting condition have presented, on appeal, the argument that the threshold for intervention in a parental decision about the child’s medical treatment should be significant harm rather than best interests. The basis of the claim is that parents know their child best and, consequently, should have the right or authority to make decisions about their child’s future. Although unsuccessful before the courts, these legal arguments have inspired the inclusion of provisions in Bills before Parliament aimed at enhancing

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23

Martynenko, Alexandra A. ""The Best Interests of the Child": the Problem of Definition in Social Sciences." Sociology of power 35, no. 4 (2023): 21–47. https://doi.org/10.22394/2074-0492-2023-4-21-47.

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    The article analyzes some possibilities of defining the "best interests of the child" as a concept and principle that arose in the context of the Convention on the Rights of the Child. The "interests of the child" do not have a clear definition and become open to different interpretations. Ideas about right actions towards the "interests of the child" can vary on the level of practices, depending on the actor or group of actors. The article examines the emergence of the concept of "the interests of the child" as one of the principles of the Convention on the Rights of the Ch

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Park-Morton, Lottie. "Best Interests as a Rule of Procedure." Amicus Curiae 6, no. 2 (2025): 280–99. https://doi.org/10.14296/ac.v6i2.5751.

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This article examines the extent to which the best interests of the child, under Article 3 of the United Nations Convention on the Rights of the Child 1989, has been utilized as a rule of procedure when developing legislative responses to surrogacy. Three jurisdictions are examined which have adopted vastly different regulatory responses to surrogacy: Sweden, impliedly prohibiting surrogacy; England and Wales, permitting surrogacy on an unenforceable basis; and California, providing for enforceable surrogacy agreements. Through analysis of the development of the legislation in each jurisdictio

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25

DATSENKO, Vasyl. "Conceptual framework for the best interests of the child in international law." Slovo of the National School of Judges of Ukraine, no. 1(30) (July 30, 2020): 51–62. http://dx.doi.org/10.37566/2707-6849-2020-1(30)-4.

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On today’s international law, there is a broad consensus on the idea of those who want to talk about all the children and the importance of guilty mother’s interests. Buti and the court at the right are guilty of the arrest of nikrashchikh іnterestіv ditini. Vrakhovuchi is the issue of clear legislative regulation of the law and practice of legal practice of securing terminology of the interest of children, the author has analyzed the law of international law. At the statutory international legal order, there is a need for ECHRL, in some ways there is a lack of food for the protection of inter

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Stupak, Olha. "Determining the best interests of the child during the consideration of civil cases related to with the upbringing of the child." Slovo of the National School of Judges of Ukraine, no. 3(48) (December 18, 2024): 158–74. https://doi.org/10.37566/2707-6849-2024-3(48)-13.

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The article is devoted to the disclosure of scientific and applied aspects of the procedure for determining the best interests of a child by courts in civil cases related to child-rearing. Results of the research. It is determined that the obligation to bring up a child is imposed on parents and consists in the implementation of a system of educational measures aimed at forming a fully and harmoniously developed personality. It is substantiated that sometimes, in the process of raising a child, divorced parents cannot agree on certain aspects of a joint approach to upbringing. It is not uncomm

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27

Irinescu, Lucia. "Surrogate Motherhood: Between Reproductive Rights and the Best Interests of the Child." Athens Journal of Law 11, no. 3 (2025): 265–76. https://doi.org/10.30958/ajl.11-3-5.

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From a reproductive rights perspective, surrogacy represents a way for individuals and couples who face infertility, same-sex couples, or single people to have biological children. Advocates argue that denying surrogacy infringes upon the right to create a family, a right protected by international human rights norms. Surrogacy can empower individuals who otherwise could not bear children to exercise their reproductive autonomy. Proponents of surrogacy emphasise consent, contractual freedom, and the potential for ethical frameworks that protect all parties involved. On the other hand, the best

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Lonardo, Luigi. "The best interests of the child in the case law of the Court of Justice of the European Union." Maastricht Journal of European and Comparative Law 29, no. 5 (2022): 596–614. http://dx.doi.org/10.1177/1023263x221144829.

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The principle that ‘in all actions relating to children (…) the child's best interests must be a primary consideration’ (Article 24(2) EU Charter of Fundamental Rights) is widely applied by the Court of Justice of the European Union (CJEU). This article considers preliminary rulings in which the CJEU had recourse to the best interests of the child as the criterion for settling the dispute in the main proceeding. For analytical purposes, these cases may be grouped in two clusters: cases resembling child custody disputes, and other cases. It is argued that, in the light of the varied factual cir

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Mustika, Rizky, and I. Made Pria Dharsana. "THE PRINCIPLE OF THE BEST INTERESTS IMPLEMENTATION OF THE CHILD IN A DECISION TO CANCEL A CHILD'S BIRTH CERTIFICATE." Jurnal Pembaharuan Hukum 10, no. 1 (2023): 16. http://dx.doi.org/10.26532/jph.v10i1.30432.

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This research aims to provide an understanding of the determination to cancel a child's birth certificate that can potentially violate children's human rights. So that the role of judges as a judicial institution is needed to protect children's rights as it should. Marriage registration is merely an administrative action and does not affect the validity of the marriage. Errors in marriage registration should not necessarily affect the status of the child's position. Because after all, birth certificates are issued by the state to protect and provide legal certainty over the child's status. Thi

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Ushalli, Muhammad Uswah, Eskarni Ushalli, Naila Hayati, and Lillahi Ushalli. "RECONSTRUCTING CHILD CUSTODY POST-DIVORCE IN ISLAMIC FAMILY LAW: A BEST INTEREST OF THE CHILD-BASED APPROACH IN THE CONTEMPORARY ERA." Journal of Social and Economics Research 6, no. 2 (2024): 145–68. http://dx.doi.org/10.54783/jser.v6i2.649.

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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

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Michałowska, Kinga. "Limits of Parental Interference in a Child’s Personal Rights – Selected Issues." Białostockie Studia Prawnicze 27, no. 3 (2022): 49–69. http://dx.doi.org/10.15290/bsp.2022.27.03.03.

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Abstract The article discusses the issues of the limits of parental interference in children’s personal rights. The conducted research covers the subject broadly. It starts with the general issues of legal capacity as the basis for the protection of subjective rights and then proceeds to demonstrating the lack of limitations in the protection of a child’s personal rights. A child growing up in a family remains under parental authority, which gives rise to certain obligations and rights of parents towards the child. Parents look after, educate and guide the child, carrying out their duties in t

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32

Kairienė, Brigita, Asta Valackienė, and Jolanta Blauzdžiūnaitė-Pavlovič. "Ensuring the Child's Right to Communication With Both Parents in the Context of Parental Divorce: A Lithuanian Case Study." Journal of Teacher Education for Sustainability 24, no. 2 (2022): 67–82. http://dx.doi.org/10.2478/jtes-2022-0017.

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Abstract Reflecting on the Sustainable Development Agenda 2030, which emphasises that progress in sustainable development depends on ensuring prosperity, and in line with the Sustainable Development Goal 3, which aims to promote the well-being of all age groups, including children, this study aims to examine the child's legitimate right to communicate with both parents in the context of divorce and support arrangements. Filling the gaps in previous research, our research problem is focused on analysing the impact on sustainability, the child's emotional well-being and the protection of the chi

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Menzhul, M. V. "Certain aspects of guaranteeing the implementation of the rights of internally displaced children in Ukraine." Analytical and Comparative Jurisprudence, no. 1 (May 29, 2023): 106–9. http://dx.doi.org/10.24144/2788-6018.2023.01.17.

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The article examines certain aspects of guaranteeing the implementation of the rights of internally displaced children in Ukraine. It was noted that one of the most vulnerable groups in the conditions of war are children, in particular, not only IDP children, refugee children, children staying in occupied territories, in the territories of active hostilities, but also children living in relatively safe territories. The importance of guaranteeing the safety of children in the conditions of war in Ukraine is noted, as well as taking into account the best interests of the child to provide t

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Aslam Shah, Nasreen. "Child Custody in Pakistan under Family Laws." Wah Academia Journal of Social Sciences 3, no. 2 (2024): 687–708. https://doi.org/10.63954/wajss.3.2.36.2024.

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In Pakistan, child custody laws are primarily governed by Islamic law, with specific provisions outlined in the Guardians and Wards Act of 1890. According to Islamic law, custody of children is typically granted to the mother until a certain age, after which custody may shift to the father. However, the court retains the authority to determine custody based on the best interests of the child, considering factors such as the child's age, gender, and overall welfare. The Guardians and Wards Act provides a framework for appointing guardians and determining custody arrangements in cases of dispute

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35

Đerlek, Minela. "Deprivation of parental rights and "the best interest of the child"." Pravo - teorija i praksa 41, no. 1 (2024): 151–63. http://dx.doi.org/10.5937/ptp2401151d.

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In contemporary times, children are recognized as holders of their own rights, which is a departure from past practices. The state delegates authority to participate in and intervene in family matters through designated guardianship bodies and local courts. The deprivation of parental rights carries significant and enduring consequences for both parents and children, with the entire process governed by the legal principle of the best interest of the child. Unfortunately, the "best interest of the child," while a widely used concept, lacks precise legal definition, potentially leading to advers

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Auckland, Cressida, and Imogen Goold. "PARENTAL RIGHTS, BEST INTERESTS AND SIGNIFICANT HARMS: WHO SHOULD HAVE THE FINAL SAY OVER A CHILD'S MEDICAL CARE?" Cambridge Law Journal 78, no. 02 (2019): 287–323. http://dx.doi.org/10.1017/s0008197319000382.

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AbstractWho should have the ultimate say over a child's medical treatment? A series of high-profile withdrawal of care cases have highlighted the full extent of the courts’ authority to make decisions on behalf of children in the medical context. In both the Charlie Gard and Alfie Evans litigation, the courts have made clear that they have the power to make medical decisions for children at the point that child's welfare is engaged. All courts involved in both cases affirmed the orthodox position that the threshold for judicial intervention in disputes about medical care of children is the wel

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Makovetska, V. "CONTENT OF THE RIGHT FOR PROPER PARENTAL NURTURING OF CHILDREN UNDER THE AGE OF 14." Innovative Solution in Modern Science 6, no. 42 (2020): 64. http://dx.doi.org/10.26886/2414-634x.6(42)2020.5.

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Determining the content of the right to proper parental nurturing of children under the age of 14 within the framework of determining the procedure for its implementation and improving the effectiveness of legal regulation of relevant legal relations is an urgent scientific task. The solution to this problem is possible by defining the essence of the relevant subjective right by identifying the needs to be met by parents within the relevant interpersonal impact on a child, and the opportunities to ensure that these needs are met. Based on this analysis, it is proposed to understand the content

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Lind, Judith. "The rights of intended children: The best interests of the child argument in assisted reproduction policy." Childhood 26, no. 3 (2019): 352–68. http://dx.doi.org/10.1177/0907568219853331.

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Assisted reproduction policies constitute a particularly interesting case for the study of child rights governance as the child here is an intended child. The child’s rights are in potential conflict not with the parental, but the reproductive rights of adults. The article aims to analyse the mobilisation of the best interests of the child principle as a rhetorical resource in Swedish assisted reproduction policies and to trace the limits of governance in the name of the rights of the child.

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Giurgea, Lenuța. "Child Discernment, a Global Problem." Perspectives of Law and Public Administration 13, no. 1 (2024): 174–83. http://dx.doi.org/10.62768/plpa/2024/13/1/19.

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The United Nations Convention on the Rights of the Child (UNCRC) related to the rights of the child, on the one hand, in articles 12, 13, 14 and 15, regulates the freedoms of thought, opinion, conscience and religion, as well as association and free expression, on the other hand. Objectives: also, the holders of obligations for the child’s best interest have the duty to turn these rights into reality as a direct guarantee of respecting their interests. Therefore, the state has an obligation to create the possibility that no child is marginalized in the realization of these fundamental freedoms

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Stupak, Olga. "Applied aspect of taking into account the child's opinion in the civil procedure for ensuring His/her best interests." Slovo of the National School of Judges of Ukraine, no. 3(44) (December 21, 2023): 94–109. http://dx.doi.org/10.37566/2707-6849-2023-3(44)-9.

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The purpose of the article is an attempt to reveal, through applied research, the grounds and procedure for clarifying and taking into account the child's opinion by the court in the form of obtaining a sufficiently formulated child's opinion as a necessary and reliable statement in the case. Results of the research. It is proved that the procedure for ascertaining and taking into account the child's opinion by the court itself includes two interrelated components 1) the substantive aspect, which is disclosed through the relevant regulatory framework and conditions for such a procedure – laws,

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Krappmann, Lothar. "The weight of the child's view (Article 12 of the Convention on the Rights of the Child)." International Journal of Children's Rights 18, no. 4 (2010): 501–13. http://dx.doi.org/10.1163/157181810x528021.

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AbstractThe right of the child to be heard is an article of the Convention on the Rights of the Child, which most clearly expresses the concept of the child underlying the entire Convention. In the legal history of the Convention the substance of this article evolved in close connection with the article on the child's best interests. Based on article 12 manifold practices have been developed, now often are summarized under the heading of participation – a term not used in the Convention. These practices operationalize the article to an extent that questions are raised, in which way the broadly

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Chernik, S. D. "The European Convention on the Exercise of Children’s Rights of 1996: ensuring the rights and interests of children in adoption." Analytical and Comparative Jurisprudence 1, no. 3 (2025): 340–44. https://doi.org/10.24144/2788-6018.2025.03.1.51.

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The article analyzes the provisions of the European Convention on the Exercise of Children’s Rights of 1996 with a view to identifying the instruments for ensuring the rights and interests of a child in the adoption process. The author analyzes the main works of legal scholars whose object of study was the international legal regulation of the rights and interests of the child in adoption cases. It is determined that a component of ensuring the procedural rights of a child is his/her right to be informed and express his/her own opinion. The Convention imposes on the adoption authorities the ob

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Mesfin Beyene. "Secular ¬Interpretation of the Best Interest of the Child: CCI’s Decision on Child Custody in the Context of Divorced Parents (Case Comment)." Mizan Law Review 18, no. 2 (2024): 447–56. http://dx.doi.org/10.4314/mlr.v18i2.8.

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International and regional human rights instruments state that the child's right to freedom of religion must be entrusted to the adult parents or guardians and the instruments do not allow state intervention. Likewise, the Ethiopian Constitution allows parents to make sure that their children have religious education; and it gives jurisdiction to religious courts over matters of custody. However, such laws can be insensitive to human rights issues when religious courts and human rights clash. This comment evaluates the recent interpretation by the Council of Constitutional Inquiry (CCI) in lig

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Fadlurrohim, Ishak. "The Human Initiative Organization as Initiation Child Protection in Bengkulu." International Journal of Science and Society 5, no. 5 (2023): 392–402. http://dx.doi.org/10.54783/ijsoc.v5i5.901.

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This research is descriptive quantitative research. The research aims to understand the role of organisations human initiative in child protection in Bengkulu. This study using data collected primary and interviews. This study using the quantitative analysis, multiple linear regression analysis and analysis determined with the help of the SPSS 25 application. Populations in this study are the stewards and volunteers of the human organization's initialized 30 responders consist of 10 male responders 33.3 % and 20 female responders 66.7 %. The responders are the stewards or volunteers of the hum

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Keller, Helen, and Corina Heri. "Protecting the Best Interests of the Child: International Child Abduction and the European Court of Human Rights." Nordic Journal of International Law 84, no. 2 (2015): 270–96. http://dx.doi.org/10.1163/15718107-08402006.

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In its case law on international child abduction, the European Court of Human Rights (ecthr) seeks to interpret the European Convention on Human Rights (echr) in conformity with the Hague Convention on the Civil Aspects of International Child Abduction. Both instruments safeguard the best interests of abducted children, but in different ways. This article explores the progress made by the ecthr in harmonising the conflict between the Hague Convention and Article 8 echr. While the ecthr’s approach to the abducted child’s best interests in Neulinger and Shuruk v. Switzerland was met with strong

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Edlund, Jennie, and Václav Stehlík. "The Uncertain Place of the Child’s Best Interests in ECtHR’s Immigration Case Law." International and Comparative Law Review 20, no. 2 (2020): 93–112. http://dx.doi.org/10.2478/iclr-2020-0019.

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Summary It has been highlighted that in the area of immigration law the protection offered by the European Convention of Human Rights (ECHR) to children and family life is arguably at its weakest. The European Court of Human Rights (ECtHR) immigration case law on Article 8 ECHR has shown an uneven and uncertain application of the child’s best interests. Little significance is attached to the child’s respect for family life when determining whether the immigration measure is compatible with the ECHR. This paper will explore how the Court is identifying the best interests of the child and analys

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Widi Artini, Luh Sri, and Putu Bagus Sabda Pramesti. "PENERAPAN DIVERSI SEBAGAI IMPLEMENTASI HAK ASASI ANAK BERKONFLIK DENGAN HUKUM." Journal Publicuho 3, no. 1 (2020): 38. http://dx.doi.org/10.35817/jpu.v3i1.11450.

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A child who commits a legal offence is a special concern from the state. Diversi is the application of versioning is an effort from the government to protect the child from negative stigmatization and based on the best needs and interests for children, by seeking a version through the approach of Restorative justice. This research aims to determine how the implementation is versioned as a child's human rights implementation and what constraints are faced by related parties in the running of versioning. This research uses a qualitative method of research approach with a literature study techniq

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Hansungule-Nefale, Zita M., and Morgan R. Courtenay. "The expanding role of the curator ad litem i n protecting children's rights in South Africa." De Jure 56, no. 1 (2023): 525–42. http://dx.doi.org/10.17159/2225-7160/2023/v56a32.

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The appointment of the curator ad litem during litigation in which children's interests are concerned has, over the years, played a critical role in advancing the child's right to be heard and participate in matters affecting them for the advancement of their best interests. Prof Boezaart's seminal article on the role of the curator ad litem and children's access to the courts set out a comprehensive review of the origins, duties and role of the curator. Litigation and resultant court pronouncements subsequent to the article have continued to affirm the importance of the curator's role in matt

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TOMLYAK, Taisa. "Correlation of the best interests of the child and the right to education in the conditions of martial law in Ukraine." EUROPEAN HUMANITIES STUDIES: State and Society, no. 1 (February 28, 2023): 102–20. http://dx.doi.org/10.38014/ehs-ss.2023.1.07.

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Children's education is the foundation of their comprehensive development: intellectual, spiritual, physical and cultural. Education depends on the socialization and well-being of the child, the development of an educated society and the state as a whole. Despite the martial law introduced in Ukraine on February 24, 2022, the 2022-2023 academic year on the territory of Ukraine started on time on September 1, 2022, taking into account the security situation in each settlement in a mixed form. Thus, the Ministry of Education and Science of Ukraine in the safest areas of the country gave parents

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Brittle, Ruth. "A Hostile Environment for Children? The Rights and Best Interests of the Refugee Child in the United Kingdom’s Asylum Law." Human Rights Law Review 19, no. 4 (2019): 753–85. http://dx.doi.org/10.1093/hrlr/ngz028.

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Abstract Children experiencing persecution, torture, ill-treatment, exploitation and violence are compelled to flee across international borders to seek protection in another state. When a child seeks international protection, the framework of rights under the Convention on the Rights of the Child and the Convention Relating to the Status of Refugees should guide a state to determine the child’s status and protection needs. However, a child’s best interests and right to protection may clash with a state’s interest in immigration control. Increasingly, states are implementing strict laws to dis

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