Relevant bibliographies by topics / Legal standards for child protection

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
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Academic literature on the topic 'Legal standards for child protection'

Author: Grafiati
Published: 10 September 2021
Last updated: 8 February 2022

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Journal articles on the topic "Legal standards for child protection"

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Dolan, Patrick, Nevenca Zegarac, and Jelena Arsic. "Family Support as a right of the child." Social Work and Social Sciences Review 21, no. 2 (May 18, 2020): 8–26. http://dx.doi.org/10.1921/swssr.v21i2.1417.

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This paper considers Family Support as a fundamental right of the child. It examines the relationship between the well-being of the child as the core concept of contemporary legal and welfare systems and family as a vital institution in society for the protection, development and ensuring the overall well-being of the child. Considering the fact that international legal standards recognise that children’s rights are best met in the family environment, the paper analyses what kind of support is being provided to families by the modern societies in the exercising of children’s rights and with what rhetoric and outcomes. Family Support is also considered as a specific, theoretically grounded and empirically tested practical approach to exercising and protecting the rights of the child. Finally, international legal standards are observed in the context of contemporary theory and practice of Family Support, while the conclusion provides the implications of such an approach.
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Alexander Yurevich, Epihin, Zaitsev Oleg Aleksandrovich, Grishina Ekaterina Pavlovna, Mishin Andrey Viktorovich, and Aliyeva Gulnar Isaevna. "INTERNATIONAL LEGAL PROTECTION OF JUVENILE VICTIMS (CHILD VICTIMS) FROM CRIME." Humanities & Social Sciences Reviews 7, no. 5 (October 20, 2019): 687–91. http://dx.doi.org/10.18510/hssr.2019.7583.

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Purpose: The article considers legal issues relating to the international legal standards and principles for the protection of child victims from crime, the current problems of implementing these norms in the legislative process of modern Russia. Methodology: In the process of writing the article, we actively used dialectical, comparative, formally logical, inductive and deductive methods. Result: The policy provisions on the legal status of child victims of crime are enshrined in the international regulatory documents, on the basis of which different legal institutions of national criminal procedure law are formed. The states that recognize prescriptions of an international nature assume the obligation to legally certify such models of criminal proceedings, in which not only the rights of children recognized as victims would be ensured but the principles of the presumption of innocence, competition, humanity, justice, which are the most important legal guarantee of the rights of the accused, would be observed. Applications: This research can be used for universities, teachers, and students. Novelty/Originality: In this research, the model of the International legal protection of juvenile victims (child victims) from crime is presented in a comprehensive and complete manner.
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Sofian, A., B. Pratama, Besar -, F. C. P. Pratomo, and Mark P. Capaldi. "A Brief Review: Children Online Privacy Protection in Indonesia." Advances in Social Science and Culture 3, no. 3 (June 25, 2021): p12. http://dx.doi.org/10.22158/assc.v3n3p12.

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Children’s Online Privacy Protection is a form of protection for all information attached to a child such as: a name, address, photo, video, and other related information pointing to the children. In Indonesia, the regulation of a child’s personal data does not create adequate protection. In reality, many children’s personal data are spread on social media and other various platforms that children access and as a result, the child’s personal data can be accessed and used for marketing purposes and/or other exploitation. As a legal subject, a child cannot protect themselves not only from various purposes of online business models designed by online platforms, but also from other people that may have bad intentions. In a global context, standardization becomes a necessity as both a measuring instrument and guidance for other countries to follow. The problem is, some of the measurements need to be adjusted with national law to comply with the set of local standards. Some of the first countries that have already regulated children’s privacy are found within the European Union (EU), UK and U.S. This research describes the scope of child protection standards and match them with Indonesian positive law. The research method of this research use doctrinal legal research to collect and to analyze legal material regarding two main concepts, namely: child protection regulation and information regulation. As a result, it is found that there is no legal mechanism that guarantees the protection of children’s personal data in Indonesia. It is suggested that Indonesian parliament and the President immediately revise the Child Protection Act and /or Electronic Transaction and Information Act.
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Nowocka-Skóra, Anna. "Rights of a socially maladjusted child." Problemy Opiekuńczo-Wychowawcze 584, no. 9 (November 30, 2019): 3–17. http://dx.doi.org/10.5604/01.3001.0013.6017.

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The article is an overview and a deep analysis of standards in international and Polish legislation regarding the protection of the rights of a socially maladjusted child. The analysis of the evolution of juvenile responsibility rules indicates a complete change over the last century, both in juvenile proceedings and in ensuring their rights at every stage of the judicial proceedings as well as during social rehabilitation process. The modernity and quality of currently applicable regulations of juvenile problems is evidenced by the separation of juvenile legislation and dealing with juvenile, which primarily means going beyond the legal and criminal field and giving the entire system of dealing with juvenile an educational and protective character , both as to the content (philosophy) and the essence of the means used.. The basing of dealing with juvenile on the idea of education and the specific manifest of juvenile rights in social rehabilitation contains many acts of international law – the Convention on the Rights of the Child, the United Nations documents from 1985 to 1990, the United Nations Standard Minimum Rules for the Administration of Juvenile. Justice (“The Beijing Rules”), the United Nations Guidelines for the Prevention of Juvenile Delinquency (“The Riyadh Guidelines”), the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (“Havana Rules”) as well as European legal standards (Recommendations N. R (87)18, R(92)16 N. R(92)17 of the Committee of Ministers), as well as the Act of 26 October 1982 on proceedings in juvenile cases in force in Poland (Journal of Laws of 2016, item 1654, as amended).. The analysis and review of rights guaranteed to juvenile made in the article is consistent with the state of knowledge and the system of values that determine our contemporary identity – dignity of each person, dignity of each child, dignity of a socially maladjusted child.
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Wijakusumariasih, Ni Putu Ika. "Legal Protection For Children Againts Sexual Exploitation and Abuse of Children Online." Jurnal Magister Hukum Udayana (Udayana Master Law Journal) 8, no. 1 (May 30, 2019): 1. http://dx.doi.org/10.24843/jmhu.2019.v08.i01.p01.

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The disclosure of cases of pedophiles online on social media in Indonesia certainly dangers that lurk children from perpetrators of sexual crimes. End Child Prostitution in Asian Tourism (ECPAT) Indonesia and the Criminal Crime Reform Institute (ICJR) regard this case of online child pornography as the largest ever disclosed by police without casualties. Online pedophile actors operating on social media Facebook use Official Candy Group accounts. Online pedophile prostitution has involved international networks. Departing from this background, the purpose of writing this scientific paper is to find out about the protection of children in Indonesia in terms of online pedophiles that refer to international child protection instruments that have been ratified. The research method used in this study is a normative legal research method. Seeing the situation in the territory of Indonesia become a place of practice that deviates until the involvement of international syndicates and modes is more sophisticated. Conditions further strengthen the assumption that Indonesia is indeed in an emergency of sexual violence. Harmonizing national laws to protect children online with international standards is key to providing the right tools for law enforcement in dealing with child sex crimes. In the child protection survey in the digital era in ASEAN member countries, it appears that Indonesia still needs improvement in terms of legal instruments related to child protection in the context of regulations and policies in making child protection mechanisms in the virtual realm in accordance with global commitments in which Indonesia is member of several international organizations.
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Syroyid, Tetyana. "International legal standards for ensuring the right of minors deprived of liberty to health." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 3, no. 3 (September 30, 2020): 32–37. http://dx.doi.org/10.31733/2078-3566-2020-3-32-37.

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The article analyzes the general and special international legal acts in the field of regulation of the right to the highest standard of living (right to health) of minors deprived of liberty, in particular: Declaration of the Rights of the Child, 1924, United Nations Declaration of the Rights of the Child, 1959, International Covenant on Economic, Social and Cultural Rights, 1966, Convention on the Rights of the Child, 1989, United Nations Minimum Standard Rules on the Administration of Juvenile Justice (Beijing Rules), 1985, United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines), 1990, UN General Assembly special resolutions on the protection of the rights of the child, including children deprived of their liberty, etc. The emphasis is placed on key problematic aspects of the protection of the right to health of minors deprived of their liberty, in particular: the use of torture and other cruel, inhuman or degrading treatment or punishment; harm to the mental and physical health of children in all situations of imprisonment; the spread of sexually transmitted infections. The article focuses on the special needs of children with disabilities. Given the existing problems of drug use, which contribute to the spread of infectious diseases among the categories of prisoners, cause significant harm to the health of minors, attention is focused on the characteristics of special rules in this area. Given the fact that the emergence and spread of the COVID-19 pandemic has become a modern threat and a challenge to health of population in general, including persons deprived of their liberty, attention is paid to international acts, which set out recommendations to protect this category of persons during the pandemic. Relevant conclusions and recommendations have been made to improve the status of minors deprived of their liberty.
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Sinova, L. "SOCIAL AND LEGAL PROTECTION OF CHILD NEGLECT AND HOMELESSNESS DURING QUARANTINE." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 117 (2021): 74–78. http://dx.doi.org/10.17721/1728-2195/2021/2.117-14.

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The article examines the features of the legal status of child neglect and homelessness, determines the place of this category of persons in society and the state. Child neglect and homelessness are considered as a separate category that needs social and legal protection from the state and charitable organizations, especially during the coronavirus pandemic (COVID-19). Today, the problem of homeless people and homeless children in Ukraine distorts the social environment, destroys the physical, mental and spiritual health of people, reduces their vital, social and creative activity, worsens morale, as well as creates tension in society. The main reasons for this situation were a sharp decline in income and living standards due to the coronavirus pandemic (COVID-19) and structural changes in the economy, unprofitability of many manufacturing enterprises, imperfect financial and credit mechanisms, the sharp increase in existing and hidden unemployment, unpreparedness of training and social institutions, as well as law enforcement agencies to work with such categories of the population in the market conditions. The general principles of social protection of homeless persons and homeless children established by the legislation are determined. It provides legal regulation for relations in society, which are aimed at realization by homeless persons and homeless children of their rights and freedoms provided by the Constitution and legislation of Ukraine. It also creates conditions for public and charitable organizations working in the field of social protection. The conditions and active growth of the number of homeless people and homeless children during quarantine are studied. The author points out the need to comply with the current legislation in the field of social and legal protection of this category of persons, especially during quarantine, as health should be a strategic direction of human life. Thus, the state should protect and help homeless citizens and homeless children according to the Constitution of Ukraine, as a person, his life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social value. The maintenance and upbringing of orphans and children deprived of parental care is the responsibility of the state. Keywords: homelessness, child neglect, life circumstances, health care, quarantine, social assistance, social services, orphanhood.
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Kravchuk, Natalya V. "The Hague Convention on International Child Abduction: The Protection or Neglect of a Child`s Interests?" Family and housing law 6 (December 10, 2020): 18–21. http://dx.doi.org/10.18572/1999-477x-2020-6-18-21.

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The paper analyses provisions of Convention on the Civil Aspects of International Child Abduction with regard to a principle of the best interests of the child. The jurisprudence of the European Court of Human Rights on the best interests of the child dictates they should be interpreted broadly and cannot be identified by the application of the legal presumption. There is therefore a potential conflict between this reading and a narrow interpretation of this notion by the Hague convention according to which the best interest of the child in the case of international abduction is to return to the state of habitual residence. To secure the best interests of the child while applying Hague convention it is necessary to take into consideration respective international standards.
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Pais, Marta Santos. "The protection of children from sexual exploitation Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography." International Journal of Children's Rights 18, no. 4 (2010): 551–66. http://dx.doi.org/10.1163/157181810x536815.

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AbstractThe Convention on the Rights of the Child and its Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography provide a sound normative foundation for children's protection from sexual abuse and exploitation and for the adoption of legislative, policy and other measures to prevent and address these child rights violations. With the commemoration in 2010 of the 20th anniversary of the entry into force of the Convention and the 10th anniversary of the adoption of the Protocol, there is a strategic opportunity to promote universal ratification of these standards and to strengthen concerted efforts for their effective implementation. With this aim, a UN campaign has been launched to achieve universal ratification of the Protocol by 2012, to ensure the safeguard of children's protection from sexual abuse and exploitation as a legal imperative and a global priority, to prevent loopholes in child protection systems and to fight impunity within and across borders.
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Egelund, Tine. "Børns tarv og børns ret: Varetages de nødvendige hensyn til barnet i børneforsorgssager?" Dansk Sociologi 14, no. 2 (March 10, 2006): 39–57. http://dx.doi.org/10.22439/dansoc.v14i2.364.

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Tine Egelund: Children’s interests and children’s rights: do cases about child support take necessary consideration of the child This article questions whether the Child Protective Services Act is in the best interest of the child and respects the rights of the child. The article illustrates the idea of the best interest of the child by reviewing the discourses on children’s needs in the Convention on the rights of the child, Danish legislation on child protection, and research on child neglect and abuse. It is argued that none of these sources offer clear guidelines for practice as to how to take the best interest of the child into consideration. In reality, the best interest of the child is decided by the individual social worker, who works within a framework with few legal restrictions, and whose assessments are based on scanty knowledge. The article demonstrates that children have few and limited rights in Danish legislation, and that the most important decisions about their fate rest on professional assessments, for which there are only few standards. In addition, studies show that the child protection services often violate the few rights that children have.
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Dissertations / Theses on the topic "Legal standards for child protection"

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Adeniyi, Olayinka Oluwakemi. "Legal protection of the girl child against child marriage (Aure Yarinya) in Nigeria." Thesis, University of Pretoria, 2016. http://hdl.handle.net/2263/64609.

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The purpose of this study is to interrogate how law, and Nigerian domestic law in particular, can be used to bring about a change in society with respect to child marriage. Despite international and regional prohibitions and national laws against the sexual abuse of the girl child in Nigeria, the practice of child marriage persists, predominantly in Northern Nigeria which is known for its strong religious and cultural leanings. Of the women in this part of the country, 45% are given out in marriage before their fifteenth birthday and usually with the obligation to become mothers within the first year of marriage. The reality is that marriage for girls of twelve years or even younger is not unknown. The significance of the problem however is related to the fact that certain aspects of Nigerian law, while not expressly supporting child marriage, acknowledge or recognise the practice. The issue is further complicated by inherent contradictions in the national jurisprudence. The existence of multiple conflicting and contradictory legal provisions, particularly with respect to the age of a girl child, and the admission in some of the Nigeria’s legislation that child marriage exists, raise questions about the condonation of the practice. In addition, there is customary law and Islamic law which do not necessarily reject the practice and which are ironically part of the applicable laws in Nigeria’s legal system. Further aspects of the discourse are the legalities which inhibit the direct application of ratified international and regional treaties, the express decriminalisation of sexual intercourse with a girl child as long as it is within marriage, and the complexities associated with federalism. The implications and consequences of child marriage have moved out of the private domain to the point where they now constitute bigger crimes in the public sphere, namely the danger to the lives of individual girls and the threat to the development of Nigerian society. This thesis looks at the practice of child marriage in general and specifically the issues of age and consent as they relate to capacity and consent to marriage, sexual intercourse and the right to non-discrimination and equality under Nigerian jurisprudence. It examines the nature, effects and legality of child marriage by investigating the reasons for the practice and the nature of legal response in Nigeria. It considers the position of the legal systems of constituent states on the application of international and regional human rights instruments to protect the girl child against child marriage, and evaluates the role of the Federal Government of Nigeria in dealing with the issue in light of its signature and ratification of international treaties and regional charters on the protection of the girl child. The thesis further analyses the conflicts that emanate from the interplay of differing customary law, Sharia and constitutional provisions on child marriage in Nigeria’s competing legal systems. Lastly, it proposes a law making model for the prohibition of child marriage by prescribing punishment and addressing other child marriage related issues.
Thesis (LLD)--University of Pretoria, 2016.
Centre for Human Rights
LLD
Unrestricted
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Diriwari, Wilson Ola. "Efficacy of the legal frameworks for child protection in Nigeria." Thesis, Brunel University, 2017. http://bura.brunel.ac.uk/handle/2438/14781.

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This research evaluates the potential challenges to a total eradication of child trafficking in Nigeria. The magnitude of the problem, as well as its despicable nature, triggered increasing legislations in Nigeria in recent years. This research shows that despite the remarkable efforts in term of law and policy approaches the problem appears to persist. The objective of the research is to demonstrate that law and policies approaches to addressing the issue are not proving effective. It appears that several socio-cultural issues related to child trafficking remain unaddressed. Despite the wealth of knowledge in relation to the topic there is a gap in literature. Indeed the existing gap in literature regarding child trafficking in Nigeria is evidenced by the fact that no adequate way forward has been indicated to overcome the phenomenon. In an attempt to fil the existing gap this research inquires whether the non-achievement of goals in combatting child trafficking is imputable to the lack of toughness in the spirit of the laws and policies or the lack of efficacy due to ineffective implementation and enforcement. By proving the appropriate answers to these crucial questions the research may not only fil the existing gap in literature by also offer the adequate approach to be taken by law and policy makers and other stakeholders in the fight against child trafficking to overcome the problem. The approach taken in conducting this research is textual analysis or doctrinal analysis and deconstruction of the enforcement mechanisms of human trafficking laws and policies in Nigeria in general. However Nigeria has sufficiently domesticated international human trafficking legislation and Human Rights instruments, the issue of enforcement remains a crucial element in achieving the ultimate goal of total eradication. Where such prospect appears unattainable, it is necessary to adopt a holistic approach to combatting child trafficking in order to achieve the ultimate goal of total eradication.
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Fleishman, Jodi Rebecca. "Mandatory legal representation for children in custody, access and child protection proceedings." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99136.

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The principle 'best interests of the child' has been expanded by the legal community in recent years to apply to any matter involving children in family law proceedings. The weight ascribed to this principle, however, has been diluted. In custody, access and child protection cases, evidence of which custodial arrangements are in a child's interests are often presented by adult parties in prolonged and costly proceedings. The judge makes an order which is intended to meet the child's "best interests", in the child's absence. This paper first examines the historical and theoretical justifications for children's rights in Canadian and international law and the "best interests" principle. Second, the concept of "legal representation for children" is explored, with specific reference to inconsistencies in the jurisprudence concerning the role of independent representation for children. This paper argues that to truly reflect a custodial or access arrangement made in the child's "best interests", it is imperative that the child's voice be heard by the court through independent legal counsel assigned to represent that child's individual needs and concerns.
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Reyes, Natasha. "The Psychology Surrounding Legal Standards of Competency and Representation for Children in U.S. Immigration Court." Scholarship @ Claremont, 2019. https://scholarship.claremont.edu/cmc_theses/2097.

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In recent years, immigration detentions have spiked. Further, the Zero Tolerance Policy enacted by President Trump has separated thousands of children from their families. Because many children are without their parents, and immigration court is civil in nature, thousands of children are placed in deportation hearings without representation each year. Child psychological research is at odds with the current deportation practices as psychological research deems children unable to understand the complexities of the court system or the impacts of deportation proceedings. A minimum competency to stand trial must be enacted to protect young children’s due process rights, regardless of citizenship. Further, children should be protected through a guardian ad litem or other legal representatives as they are a vulnerable class. This paper examines the relationship between the current legal standards for immigration court, relevant child psychological research, and explores policy recommendations for immigration competency standards and representation requirements.
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Shepherd, Robyn. "Meeting the minimum standards of the Palermo Protocol: The case of South Africa." University of the Western Cape, 2019. http://hdl.handle.net/11394/6823.

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Magister Legum - LLM
This research is aimed at evaluating the adequacy and effectiveness of the legal framework dealing with human trafficking in South Africa. To achieve this purpose, a comprehensive overview of the punishment, prevention of human trafficking in South Africa was looked into as well as victim protection. An overview of the history of slavery and an analysis of the modern conceptualisation of human trafficking indicate that human trafficking is a highly complex concept, and that there are various approaches to the understanding of the concept of human trafficking. There are various definitions of trafficking found in international instruments of which the most important has been identified as that contained in the Palermo Protocol. The definitions vary also because trafficking is closely related to the phenomena of migration, slavery and smuggling of humans. The study further identifies some significant root causes of trafficking The research concedes that although common-law crimes, statutes and transitional legislation can be utilized to challenge some trafficking elements, these offences are not comprehensive enough to amply deal with the crime’s complexities and provide only a fragmented approach to combating the crime. The study shows that South Africa has adopted specific legislation, namely the Trafficking Act. The research further establishes also that international, regional and sub-regional instruments on trafficking and related aspects of trafficking provide guidelines for developing effective strategies to deal with trafficking within the region. The counter-trafficking strategies as found in treaties, protocols, declarations and resolutions, which focus specifically on combating trafficking and those with a human-rights focus, obliges States to prosecute traffickers, protect those who are vulnerable to trafficking as well as those already trafficked and establish measures for prevention. This research further highlighted the importance of preventing human trafficking which starts with government but non- governmental organisations play a vital role in this element as well.
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Weber, Hedda Anne. "Comparison of the legal protection standards of HIV-infected public employees in Canada and the United States." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30334.

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This thesis examines the legal protection of public employees who are HIV-infected or have AIDS in Canada and the United States. Emphasis is placed on the dealing with mandatory HIV-testing schemes in each country. To this end, the first section presents medical facts about the disease itself, the transmission risks, and testing methods as ethical considerations about HIV-testing schemes. The second section addresses the protection standards guaranteed by the Constitution of the United States and compares them to the standards set out by the Canadian Charter of Rights and Freedoms . Finally, the third section compares protection offered under the Rehabilitation Act of 1973, the Americans with Disabilities Act, and the Canadian Human Rights Act.
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Weber, Hedda Anne. "Comparison of the legal protection standards of HIV-infected public employees in Canada and the United States." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ64310.pdf.

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Campbell, James Floyd. "An analysis of variables in child protection apprehensions and judicial dispositions in British Columbia child welfare practice." Thesis, University of British Columbia, 1991. http://hdl.handle.net/2429/29686.

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This study analyzes variables in the child protection apprehensions and judicial dispositions within the British Columbia child welfare system. The study was based on a 10% sample of children apprehended into care of the B.C. Superintendent of Family and Child Service in 1989. It includes the following specific objectives: 1) To review reasons children were being apprehended into care and develop a socio-economic and demographic profile of these children and their families. 2) To determine percentages of congruence between social workers' recommendations to the court and judicial dispositions at the first two stages of child protection court proceedings. 3) To identify factors which impact case outcomes and account for discrepancies between social workers' recommendations and judicial dispositions. 4. To explore the policy and practice implications of the research findings. The profile of the apprehended children illustrated that a majority came into care for reasons characteristic of neglect by omission rather than abuse by commission. Reasons for admission to care appeared to be related to the age and sex of the child, as well as family constellation. In analyzing the relationships between the reasons for the child's apprehension in comparison to the parents' social, economic and educational status, it was demonstrated that children were predominantly apprehended from households headed by parents with limited education, low income and/or semi-skilled employment. Single female parents, parents on income assistance, aboriginal families, younger families, living in multiple dwellings, were statistically over-represented when compared to the general population. The majority of court hearings proceeded within the time-frames set out in B.C. child protection legislation. The social workers' recommendations to the court were statistically associated with the judicial dispositions at the initial presentation to the court, and only slightly less so at the protection hearing. Whether the parents attended court and had legal counsel played a significant role in influencing the court's disposition, particularly at the protection hearing. Judicial support for the social workers' recommendations varied depending on the order sought, the highest percentage of agreement being when social workers recommended the child be in parental care, and the lowest when recommending the child become a permanent ward. The thesis draws on these research findings, concluding with research and policy recommendations to facilitate child protection practice in British Columbia.
Arts, Faculty of
Social Work, School of
Graduate
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Mawodza, Obdiah. "An assessment of the legal framework on the protection of girls from child marriages in Malawi." Thesis, University of the Western Cape, 2015. http://hdl.handle.net/11394/5151.

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Magister Legum - LLM
The aim of this study is to assess Malawi's legal framework on the protection of girls against child marriages linked to HCPs. The research is guided by the following objectives: 1. To highlight the international and regional legal framework in addressing traditional HCPs that can lead to child marriages; 2. To discuss different traditional practices that lead to child marriages in Malawi; 3. To analyse Malawi's legal framework and its compliance with international and regional standards for the protection of girls against child marriages; 4. To make suggestions for the available legal framework, if necessary, on how best to address the problem of child marriages in Malawi.
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Foua, Bi Kema Alexis. "Enduring child labour on Ivory Coast's cocoa farms : practicality of the ILO standards and the missed opportunities." Thesis, Brunel University, 2014. http://bura.brunel.ac.uk/handle/2438/10578.

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This thesis examines the enduring nature of child labour on Ivory Coast’s cocoa farms. The thesis shows that the role of the state in promoting instead of inhibiting child labour practices in the Ivory Coast favours the thriving of challenging factors to any prospect of a total abolition. This thesis focuses on the influences of traditions customary practices underpinning the child labour practice. The thesis shows the adverse role of Multinational Corporations operating in Ivory Coast’s cocoa industry. This thesis shows that despite Ivory Coast being a signatory to the ILO Convention on the Worst Forms of Child Labour 1999 (No. 182), the United Nations Convention on the Rights of the Child (1999) as well as other regional and sub-regional legal instruments, the appropriate legal and policy response to child labour has yet to be provided. The thesis, therefore, offers the pedagogic approach as the shifting factor.
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Books on the topic "Legal standards for child protection"

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Massachusetts. District Court Dept. Committee on Care and Protection and CHINS Proceedings. Standards of judicial practice, care and protection proceedings. [Salem, Mass.]: Administrative Office of the District Court, 1988.

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Double standards pertaining to minority protection. Leiden: Martinus Nijhoff Publishers, 2010.

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1962-, Kirwin Lynn M., ed. Child protection: Practice and procedure. Scarborough, Ont: Carswell, 1996.

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Feldman, Linda. Child protection law. London: Longman, 1992.

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United States. Congress. House. Committee on Education and the Workforce. Subcommittee on Workforce Protections. The effect of the Fair Labor Standards Act on Amish families and H.R. 2038, the MSPA Clarification Act: Hearing before the Subcommittee on Workforce Protections of the Committee on Education and the Workforce, House of Representatives, One Hundred Fifth Congress, second session, hearing held in Washington, DC, April 21, 1998. Washington: U.S. G.P.O., 1998.

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United States. Congress. House. Committee on Education and the Workforce. Subcommittee on Workforce Protections. H.R. 1943, legislation amending the Fair Labor Standards Act to permit certain youth to perform certain specified work: Hearing before the Subcommittee on Workforce Protections of the Committee on Education and the Workforce, U.S. House of Representatives, One Hundred Eighth Congress, first session, October 8, 2003. Washington: U.S. G.P.O., 2004.

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director, Brown Louise, Cohen Suzanne researcher, and Radcliffe Polly, eds. Child psychiatry and child protection litigation. London: Gaskell, 2001.

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Helen, James, and Mitchels Barbara, eds. Child care and protection: Law and practice. 4th ed. [London]: Wildy, Simmonds & Hill, 2009.

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Mitchels, Barbara. Child care and protection: Law and practice. 4th ed. [London]: Wildy, Simmonds & Hill, 2009.

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Valentine, Kate. Child protection Australia 2008-09. Canberra: Australian Institute of Health and Welfare, 2010.

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Book chapters on the topic "Legal standards for child protection"

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Lynch, Gordon. "‘A Serious Injustice to the Individual’: British Child Migration to Australia as Policy Failure." In UK Child Migration to Australia, 1945-1970, 1–22. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-69728-0_1.

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AbstractThe Introduction sets this book in the wider context of recent studies and public interest in historic child abuse. Noting other international cases of child abuse in the context of public programmes and other institutional contexts, it is argued that children’s suffering usually arose not from an absence of policy and legal protections but a failure to implement these effectively. The assisted migration of unaccompanied children from the United Kingdom to Australia is presented, particularly in the post-war period, as another such example of systemic failures to maintain known standards of child welfare. The focus of the book on policy decisions and administrative systems within the UK Government is explained and the relevance of this study to the historiography of child migration and post-war child welfare is also set out.
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Ball, Caroline. "Legal perspectives on social work in child protection." In Social Work with Children and Families, 105–20. London: Macmillan Education UK, 2012. http://dx.doi.org/10.1007/978-1-137-00567-0_8.

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Lashley, Myrna, Ghayda Hassan, and Begum Maitra. "Cultural Consultation to Child Protection Services and Legal Settings." In Cultural Consultation, 269–90. New York, NY: Springer New York, 2013. http://dx.doi.org/10.1007/978-1-4614-7615-3_13.

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Bryce, India. "Child Protection for Educators and Principals: A Moral and Legal Obligation." In The Palgrave Handbook of Education Law for Schools, 81–104. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-77751-1_5.

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Whidden, M. "Legal protection for child victims of adult smoking: A call for action." In Tobacco: The Growing Epidemic, 819–20. London: Springer London, 2000. http://dx.doi.org/10.1007/978-1-4471-0769-9_363.

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Riedel, Monika, and Andreas Chmielowski. "Migrants’ Access to Social Protection in Austria." In IMISCOE Research Series, 33–48. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-51241-5_2.

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Abstract The Austrian social security system covers a broad range of social risks, most of them via a compulsory social insurance system that usually ties eligibility to current or former legal employment. Nationality is of minor importance once legal employment has been achieved and, for tax-financed benefits like child benefits and minimum-income guarantee, legal residence in Austria can be proven. With almost one of five employees in Austria being foreign-born, Austria ranks high in terms of foreign participation on the labour market. While reforms under the previous Government were aimed at restricting migrants’ access to (full) benefits, it is open if the coalition formed in January 2020 will pursue a more moderate path in this regard.
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Lynch, Gordon. "From Regulation to Moral Persuasion: Child Migration Policy and the Home Office Children’s Department, 1948–1954." In UK Child Migration to Australia, 1945-1970, 191–242. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-69728-0_6.

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AbstractThis chapter examines the wider policy context and administrative systems for child migration to Australia in the period 1948-1954. With stronger concerns about child migration being expressed by some professional and voluntary organisations in Britain, in 1949 the Home Office began a process of drafting regulations for the emigration of children from the care of voluntary societies. The chapter examines how the process of developing these regulations was delayed through a complex bureaucratic process, with a final draft of the regulations not completed until 1954. Concerns about the legal limitations of these regulations and their effective power in safeguarding child migrants once overseas contributed to a subsequent decision in the Home Office not to introduce them. This decision was also informed by an independent review of child migration to Australia by John Moss, published in 1953, which offered a broadly positive view of this work. The chapter considers why Moss—a former member of the Curtis Committee—took this view, and how broad policy standards such as the Curtis report were, in practice, interpreted and implemented in different ways.
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Weiler, Joseph H. H. "Fundamental Rights and Fundamental Boundaries: Common Standards and Conflicting Values in the Protection of Human Rights in the European Legal Space." In An Identity for Europe, 73–101. New York: Palgrave Macmillan US, 2009. http://dx.doi.org/10.1057/9780230621282_5.

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Vankova, Zvezda. "The Implementation of the EU’s Approach to Circular Migration Through Legal and Policy Routes." In IMISCOE Research Series, 65–106. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-52689-4_4.

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AbstractThis chapter brings together the legal and policy instruments developed as part of the EU’s circular migration approach in order to assess its implementation and establish whether it provides rights-based outcomes for migrant workers. In order to do so, it employs a benchmark framework for analysis based on universal and regional international standards and soft law principles as well as policy measures that have been identified as conducive to circular migration (presented in Chap. 10.1007/978-3-030-52689-4_1). The benchmark framework covers six policy areas considered inherent to this type of labour migration and which at the same time could help distinguish circular migration from the guest-worker model and other time-bound migration policies: entry and re-entry conditions, work authorisation, residence status, social security coordination, entry and residence conditions for family members, and recognition of qualifications. To be beneficial for migrant workers, policies need to allow for a certain degree of migrant-led trajectory of movement and provide adequate protection of the rights of migrant workers.
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Sergio, Gamonal C., and César F. Rosado Marzán. "Protection." In Principled Labor Law, 31–62. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190052669.003.0002.

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Chapter 2 describes the protective principle and in dubio pro operario in Latin America, namely, in Argentina, Brazil, Chile, and Uruguay. It also describes worker protection in International Labor Organization (ILO) instruments and other international human rights texts. It then searches for the protective principle and in dubio pro operario in the United States. It argues that the protective principle can be found in the Thirteenth Amendment, the National Labor Relations Act (NLRA), and the Fair Labor Standards Act (FLSA). The Thirteenth Amendment bans involuntary servitude and mandates Congress to protect free labor. The chapter even finds something akin to in dubio pro operario in the general way that U.S. jurisprudence calls for “liberal” interpretations of statutes that derogate the common law. It further finds the protective principle in U.S. purposive methods of statutory interpretation, applied by some judges. However, those broad, purposive, worker-protective interpretations of the law have given way to more reluctant and narrow readings of the labor laws—and without good reasons. Finally, we address how employment at will narrows worker protection in the United States. While U.S. labor law has grown less labor protective, judges could reverse existing jurisprudence through the existing legal texts. Some statutory reform is, however, desirable, especially if anchored in the Thirteenth Amendment and if it derogates employment at will.
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Conference papers on the topic "Legal standards for child protection"

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Lucić, Nataša. "PROTECTION OF THE RIGHT OF THE CHILD TO BE HEARD IN DIVORCE PROCEEDINGS – HARMONIZATION OF CROATIAN LAW WITH EUROPEAN LEGAL STANDARDS." In PROCEDURAL ASPECTS OF EU LAW. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2017. http://dx.doi.org/10.25234/eclic/6538.

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Febriharini, Mahmuda Pancawisma. "Legal Protection and Control for Child Workers." In International Conference on Law, Economics and Health (ICLEH 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.200513.122.

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Primasari, Lushiana, Rehnalemken Ginting, and Dr Rofikah. "Legal Protection for Child Victims of Sexual Violence in Indonesia." In 1st International Conference of Law and Justice - Good Governance and Human Rights in Muslim Countries: Experiences and Challenges (ICLJ 2017). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/iclj-17.2018.36.

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Razali, Nurul Huda binti Ahmad. "Child Cyber Bullying: An Overview Of The Legal Protection In Malaysia." In 9th International Economics and Business Management Conference. European Publisher, 2020. http://dx.doi.org/10.15405/epsbs.2020.12.05.98.

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Sulistiyono, Tri, and Lowrenszya Siagian. "The Phenomenon of Child Labour: Causes, Consequences, and Protection under Indonesian Law." In Proceedings of the 2nd International Conference on Indonesian Legal Studies (ICILS 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/icils-19.2019.10.

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Indriati, Noer. "Legal Protection for Child Victims of Criminal Acts of Human Trafficking in Indonesia." In The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia. EAI, 2019. http://dx.doi.org/10.4108/eai.10-9-2019.2289425.

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Eviningrum, Sulistya, Hartiwiningsih, and Mohamad Jamin. "Developing Human Rights-Based Legal Protection Model on Victims of Child Trafficking in Indonesia." In Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/icglow-19.2019.20.

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Borska, Jana. "QUALITY OF LIFE OF A CHILD AND ITS SOCIAL AND LEGAL PROTECTION IN THE LEGAL ENVIRONMENT OF THE CZECH REPUBLIC." In SGEM 2014 Scientific SubConference on PSYCHOLOGY AND PSYCHIATRY, SOCIOLOGY AND HEALTHCARE, EDUCATION. Stef92 Technology, 2014. http://dx.doi.org/10.5593/sgemsocial2014/b12/s2.090.

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Kurniawan, Yunan Prasetyo, Hartiwiningsih, Hari Purwardi, and Soehartono. "Restorative Justice (Diversi): A Harmonization Effort of Legal Protection Against Child Criminal as Offender and Victim." In International Conference on Law, Economics and Health (ICLEH 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.200513.135.

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Умарова, Мадина Алиевна. "METHODS OF PROTECTION AND MECHANISM OF PROTECTION OF PROPERTY RIGHTS OF MINORS." In Сборник избранных статей по материалам научных конференций ГНИИ "Нацразвитие" (Санкт-Петербург, Май 2021). Crossref, 2021. http://dx.doi.org/10.37539/may191.2021.13.61.025.

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В данной статье рассматривается проблема защиты имущественных прав несовершеннолетних. Её актуальность обусловливается несколькими причинами: во-первых, большим количеством нормативно-правовых актов, затрагивающих права ребенка; во-вторых, отсутствием взаимодействия между органами власти, призванными защищать права детей. This article examines the problem of protecting the property rights of minors. Its relevance is due to several reasons: first, a large number of normative legal acts affecting the rights of the child; secondly, the lack of interaction between the authorities charged with protecting the rights of children.
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Reports on the topic "Legal standards for child protection"

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Bedford, Philip, Alexis Long, Thomas Long, Erin Milliken, Lauren Thomas, and Alexis Yelvington. Legal Mechanisms for Mitigating Flood Impacts in Texas Coastal Communities. Edited by Gabriel Eckstein. Texas A&M University School of Law Program in Natural Resources Systems, May 2019. http://dx.doi.org/10.37419/eenrs.mitigatingfloodimpactstx.

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Flooding is a major source of concern for Texas’ coastal communities. It affects the quality of infrastructure, the lives of citizens, and the ecological systems upon which coastal communities in Texas rely. To plan for and mitigate the impacts of flooding, Texas coastal communities may implement land use tools such as zoning, drainage utility systems, eminent domain, exactions, and easements. Additionally, these communities can benefit from understanding how flooding affects water quality and the tools available to restore water bodies to healthy water quality levels. Finally, implementing additional programs for education and ecotourism will help citizens develop knowledge of the impacts of flooding and ways to plan and mitigate for coastal flooding. Land use tools can help communities plan for and mitigate flooding. Section III addresses zoning, a land use tool that most municipalities already utilize to organize development. Zoning can help mitigate flooding, drainage, and water quality issues, which, Texas coastal communities continually battle. Section IV discusses municipal drainage utility systems, which are a mechanism available to municipalities to generate dedicated funds that can help offset costs associated with providing stormwater management. Section V addresses land use and revenue-building tools such as easements, eminent domain, and exactions, which are vital for maintaining existing and new developments in Texas coastal communities. Additionally, Section VI addresses conservation easements, which are a flexible tool that can enhance community resilience through increasing purchase power, establishing protected legal rights, and minimizing hazardous flood impacts. Maintaining good water quality is important for sustaining the diverse ecosystems located within and around Texas coastal communities. Water quality is regulated at the federal level through the Clean Water Act. As discussed in Section VII, the state of Texas is authorized to implement and enforce these regulations by implementing point source and nonpoint source pollutants programs, issuing permits, implementing stormwater discharge programs, collecting water quality data, and setting water quality standards. The state of Texas also assists local communities with implementing restorative programs, such as Watershed Protection Programs, to help local stakeholders restore impaired water bodies. Section VIII addresses ecotourism and how these distinct economic initiatives can help highlight the importance of ecosystem services to local communities. Section VIX discusses the role of education in improving awareness within the community and among visitors, and how making conscious decisions can allow coastal communities to protect their ecosystem and protect against flooding.
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