Dissertations / Theses: '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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Kamidi, Rino. "A legal response to child trafficking in Africa: A case study of South Africa and Benin." Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_2928_1210843608.

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Human trafficking has emerged over the past three decades as an issue of considerable concern for the international community, and governments around the world have committed themselves to enacting legislation to combat the trade in humans. This has resulted in the adoption of international standards and important obligations of governments, to address the trafficking in persons (TIP) and in particular child trafficking which appears as a worldwide form of modern-day slavery, and a facet of transnational organized crime. This study investigated the potential causes of this state of affairs, which could be the inadequacy of legal texts and absence of implementation mechanisms, lack of co-ordination amongst the actors implicated, the insufficiency of political will to respond to the problem, the permeability of borders, or the lack of information in the accounts of victims and their parents. The principle objective aimed to address and ensure safety, special protection and security to child victims of trafficking. In so doing this study identified the existing legal framework in the international and regional environment.

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Messenger, Ian Henry. "An examination of the dynamics of multi-agency arrangements in different cultural and legal contexts : the case of the Child Exploitation and Online Protection Centre and the International Child Protection Network." Thesis, University of Portsmouth, 2013. https://researchportal.port.ac.uk/portal/en/theses/an-examination-of-the-dynamics-of-multiagency-arrangements-in-different-cultural-and-legal-contexts(3d16f0ff-48df-4114-ab99-f560694cbfc0).html.

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Facilitated by the effects of globalisation, crime in the 21st century is increasingly transnational in nature and presents a significant challenge to a law enforcement apparatus which is traditionally geared towards operating within the confines of the nation-state. Crime has transcended state borders and has prompted an expansion of international law enforcement cooperation in an attempt to counter cross-border criminality. In doing so, traditional law enforcement actors have increasing collaborated with non-state, and non-law enforcement, bodies. International cooperation and multi-agency working has been especially enacted to combat crimes against children. This thesis aims to examine the dynamics of multi-agency arrangements in different cultural and legal contexts with a view to assessing how different cultural and organisation factors affect multi-agency cooperation. This will be done with particular reference to those multi-agency arrangements that have a child protection focus, which operate in, and across multiple jurisdictions and are composed of a diverse range of state and non-state actors. In order to achieve this aim, the thesis will begin with an analysis of globalisation in order to identify specific elements which have aided transnational criminality but also the response to this criminality has been found in the multi-agency arrangement. To further this point, various methods and models of multi-agency working will be examined, each with their distinctive benefits and challenges. A set of key factors and requirements of multi-agency working – both in a single country context and internationally – will be presented to the reader. These factors will then be identified and analysed in series of international multi-agency arrangements with a child protection remit. This sets the scene for a case study analysis of the Child Exploitation and Online Protection Centre and the International Child Protection Network – two multi-agency arrangements established to combat crimes against children. Through these case studies, the complexity and challenge of international working will be identified to the reader. However, the thesis will demonstrate that, if actors are willing to work together to overcome these challenges, multi-agency arrangements can be effective in compensating for the limitations of state-orientated policing and can bring significant operational benefits and positive outcomes.

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Carmody, Louise. "To what extent has the Convention on the Rights of the Child acted as a lens for the refocus of refugee protection mechanisms, to affect improved protection measures and adherence to human rights standards for child refugees?" Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/4685.

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It is the intention of this paper to examine the extent to which the Convention on the Rights of the Child (CRC) has acted, (and, has the potential to act), as a lens for the refocus of refugee protection to better include children. To this extent, the paper will discuss the integral relationship between human right and refugee law. It is suggested that the CRC has affected greater recognition of how fundamental human rights, protected within the CRC, have influenced the evolution of State interpretations of the Refugee Convention to enhance protection for children. It is not the aim of the discussion to evaluate different systems of human rights enforcement, but rather to focus on the impact of the CRC as it currently stands; examining whether the Convention has influenced protection for child refugees in specific scenarios. Central to the position of the paper is the submission that the CRC has the potential to effect an urgent change in the perception of child refugees. [...]

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Debler, Julianna. "Has the pendulum swung too far? a legal evaluation of Florida's child abuse and neglect registry." Honors in the Major Thesis, University of Central Florida, 2012. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/539.

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Over the past several years, increasing public emphasis on preventing child maltreatment has resulted in substantial changes to Florida's child abuse and neglect central registry. Many of these recent changes, aimed at preventing child maltreatment, have resulted in over one million false, unsubstantiated, and inconclusive reports of child abuse and neglect within the last decade. While the information held in reports may be useful for identifying and preventing potential child abuse or neglect, due process concerns have been raised with regards to the process of placing a person's name in a report without providing a hearing for challenging or removing inaccurate information. Focusing on Florida law, this research concentrates on: 1) the child maltreatment reporting process, 2) the procedures for maintaining reports, and 3) the accessibility of these reports in order to determine whether due process constitutional rights are protected under Florida's child abuse and neglect reporting laws. The intent of this thesis is to analyze the occurrence of unsubstantiated cases of child maltreatment, incidences of false reporting, and legal remedies available for those wrongfully accused of abusing or neglecting a child. Through the analysis of case law, federal and state statutes, available statistics, child abuse resources, and personal interviews with members of the Florida Legislature, evidence shows that due process constitutional rights are not protected under Florida's child abuse and neglect reporting laws. By raising awareness of the areas of child protection that require legal re-evaluation, this thesis aims to discover the balance between protecting children from harm and protecting adults from the severe ramifications resulting from false and improper allegations of child abuse and neglect.
B.S.
Bachelors
Health and Public Affairs
Legal Studies

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Odongo, Godfrey Odhiambo. "The domestication of international law standards on the rights of the child with specific reference to juvenile justice in the African context." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&amp.

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The thesis focused on how the advent of children's rights, in particular the Convention on the Rights of the Child (CRC), has impacted on the subject of juvenile justice and embarked on a practical examination of law reform in this regard in an African context. The focus was placed on a number of African countries that have embarked on or completed child law reform in the aftermath of ratification of the CRC. The case studies in this thesis were Ghana (1998-2003), Kenya (1993-2001), Namibia (1994 to date), Lesotho (2003 to date), South Africa (1997 to date) and Uganda (1992-1996).

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Wambua, Leonard Munyao. "An evaluation of the role played by Kenyan independent churches in the protection of the fundamental human rights of children / Wambua Leonard Munyao." Thesis, North-West University, 2010. http://hdl.handle.net/10394/4596.

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This research aims to evaluate the role that Kenyan independent churches play in the protection of the fundamental human rights of children. It became apparent during the course of the research that Kenya's independent churches have numerous shortcomings that affect their ability to protect such rights. The Kenyan independent churches are affected by the negative effects of an African traditional worldview. Among the effects of this worldview is the tolerance of female genital mutilation, polygamy and corporal punishment, practices that contravene the United Nation's Declaration on the Rights of Children. The research further discovered that some of the Kenyan independent churches perpetuate the violation of the fundamental human rights of children with their gross misunderstanding of Scripture, especially the wisdom of Bible texts such as Proverbs 22:15. A literal application of Scripture and a tendency to lean towards casuistic ethics contribute to the misuse and misunderstanding of the Bible verses that touch on the human dignity of children. The violation of the fundamental human rights of children is rampant in Kenya. The number of independent churches involved in protecting the fundamental human rights of children is very small. The few independent churches that offer child services offer relief services rather than embracing a human rights approach to serving children. Although the independent churches make out the majority and are the fastest growing among the churches, it is notable that mission churches such as the Catholic and Anglican churches are more involved in protecting the fundamental human rights of children when compared to the independent churches in Kenya. Kenyan independent churches furthermore suffer the effects of poverty coupled with illiteracy, a factor that affects their ability to champion the fundamental human rights of children as stipulated in the United Nations Convention on the Rights of Children. On the positive side, some social cultural values common among the independent churches, such as African communal solidarity and the extended family system, promote the well–being of children. However, overall the Kenyan independent churches have not successfully responded to the violation of the fundamental human rights of children. This inability remains a concern worthy addressing.
Thesis (Ph.D. (Ethics))--North-West University, Potchefstroom Campus, 2011.

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梁惠芬 and Wai-fan Priscilla Leung. "The care or protection order in Hong Kong: isit an effective way to deal with children and juveniles beyondcontrol?" Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2002. http://hub.hku.hk/bib/B31979312.

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BARBOSA, JOSE A. M. "Contribuicao a legislacao brasileira no setor de energia nuclear." reponame:Repositório Institucional do IPEN, 2009. http://repositorio.ipen.br:8080/xmlui/handle/123456789/9463.

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Made available in DSpace on 2014-10-09T13:56:41Z (GMT). No. of bitstreams: 0
Tese (Doutoramento)
IPEN/T
Instituto de Pesquisas Energeticas e Nucleares - IPEN-CNEN/SP

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Sinclair, Kate. "A Comparative Analysis of Socio-Legal and Psycho-Social Theories and the Construction of a Model to Explain How Law Operates and Evolves in the Dependency Court." University of Sydney. Law, 2002. http://hdl.handle.net/2123/562.

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This thesis examines data and theory about how the system of law (SL) operates and evolves: it contrasts data from social workers and attorneys working in the juvenile dependency court with theories about how individuals and social systems evolve. The analysis is based on research conducted in San Diego and revolves around a theory about human development, or the "individual as a system" (HD), and a theory about social systems, such as the autopoietic theory of law and its self-reproducing system (LA). It is suggested that together, the theories of HD+LA help to examine how professionals and law operate and evolve in the legal system. Overall, the thesis rejects the autopoietic systems theory that law reproduces itself, by itself. Instead, analysis in this study supports the finding that law is defined and operates through a dialectic of the individual and the social (or the organic and the mechanistic respectively) such that each gives rise to the other. On the basis of this system connection, aspects from systems theory about legal autopoiesis are integrated into concepts from constructive-developmental theory (HDLA), thus providing a new framework through which to examine how law and its system functions. The new framework is built around an equation that emerged some time after data analysis and theoretical development: SL=HDLA+DSA . The equation states that: The evolution of the system of law involves processes of human development and to some but a much lesser degree, the autopoietic nature of law. The extent of this evolution is best determined by analyzing data from a court setting. The dialectical relationship between individual and social influences in the evolution of law is facilitated by the accumulation of social action � such as activity from media and advocacy groups � and the individual meaning that professionals make about this action, which in turn has an influence on the formal and informal operations that they perform when operating law. The nature of these interacting dynamics will be shown through two interconnected tools of analysis: one is a typology of individual, professional and system self-concepts; the typology helps to show how a cycle of system change (human development giving rise to legal change and vice versa) occurs in the court; the other is the operative structure (or culture) of systems for law and social work in child abuse cases � which unite in court operations. These two interconnected tools help to show how the court operates and how social action (SA) for change contributes to professional and system change in the evolution of law.

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Forsman, Maria. "Rättsliga ingripanden vid föräldrars våld och övergrepp mot barn." Doctoral thesis, Umeå universitet, Juridiska institutionen, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-68837.

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The thesis concerns two pathways for legal intervention in cases of suspected child abuse at the hands of parents. One pathway is based on social law, where society's utmost tool is child protective custody. The other pathway is criminal law, where the abuse is investigated and enforced as a criminal offence. Sometimes only one of these pathways becomes relevant, sometimes both. The purpose of the thesis is to examine and analyse the regulatory framework and its practical application, and to highlight what the two pathways of intervention can accomplish in relation to the child victim's rights and interests. In the case of child abuse, the (legal) relationship between parents and children - and between children, parents and society - is brought to a head. The study demonstrates that many complex legal issues arise when the person subjecting the child to violence and abuse is the same person who under family law answers for the child's protection, care and representation. It is inter alia noted that the concept "best interests of the child" is interpreted somewhat freely, which can risk overriding the legal rights of the child victim. It is concluded that, in order to secure the child victim's legal protection, the regulation needs many small enhancements, each tailored to the problem conditions.

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Gerl, Armin. "Modelling of a privacy language and efficient policy-based de-identification." Thesis, Lyon, 2019. http://www.theses.fr/2019LYSEI105.

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De nos jours, les informations personnelles des utilisateurs intéressent énormément les annonceurs et les industriels qui les utilisent pour mieux cibler leurs clients et pour amééliorer leurs offres. Ces informations, souvent trés sensibles, nécessitent d’être protégées pour réguler leur utilisation. Le RGPD est la législation européenne, récemment entrée en vigueur en Mai 2018 et qui vise à renforcer les droits de l’utilisateur quant au traitement de ses données personnelles. Parmi les concepts phares du RGPD, la définition des règles régissant la protection de la vie privée par défaut (privacy by default) et dès la conception (privacy by design). La possibilité pour chaque utilisateur, d’établir un consentement personnalisé sur la manière de consommer ses données personnelles constitue un de ces concepts. Ces règles, malgré qu’elles soient bien explicitées dans les textes juridiques, sont difficiles à mettre en oeuvre du fait de l’absence d’outils permettant de les exprimer et de les appliquer de manière systématique – et de manière différente – à chaque fois que les informations personnelles d’un utilisateur sont sollicitées pour une tâche donnée, par une organisation donnée. L’application de ces règles conduit à adapter l’utilisation des données personnelles aux exigences de chaque utilisateur, en appliquant des méthodes empêchant de révéler plus d’information que souhaité (par exemple : des méthodes d’anonymisation ou de pseudo-anonymisation). Le problème tend cependant à se complexifier quand il s’agit d’accéder aux informations personnelles de plusieurs utilisateurs, en provenance de sources différentes et respectant des normes hétérogènes, où il s’agit de surcroit de respecter individuellement les consentements de chaque utilisateur. L’objectif de cette thèse est donc de proposer un framework permettant de définir et d’appliquer des règles protégeant la vie privée de l’utilisateur selon le RGPD. La première contribution de ce travail consiste à définir le langage LPL (Layered Privacy Language) permettant d’exprimer, de personnaliser (pour un utilisateur) et de guider l’application de politiques de consommation des données personnelles, respectueuses de la vie privée. LPL présente la particularité d’être compréhensible pour un utilisateur ce qui facilite la négociation puis la mise en place de versions personnalisées des politiques de respect de la vie privée. La seconde contribution de la thèse est une méthode appelée Policy-based De-identification. Cette méthode permet l’application efficace des règles de protection de la vie privée dans un contexte de données multi-utilisateurs, régies par des normes hétérogènes de respect de la vie privée et tout en respectant les choix de protection arrêtés par chaque utilisateur. L’évaluation des performances de la méthode proposée montre un extra-temps de calcul négligeable par rapport au temps nécessaire à l’application des méthodes de protection des données
The processing of personal information is omnipresent in our datadriven society enabling personalized services, which are regulated by privacy policies. Although privacy policies are strictly defined by the General Data Protection Regulation (GDPR), no systematic mechanism is in place to enforce them. Especially if data is merged from several sources into a data-set with different privacy policies associated, the management and compliance to all privacy requirements is challenging during the processing of the data-set. Privacy policies can vary hereby due to different policies for each source or personalization of privacy policies by individual users. Thus, the risk for negligent or malicious processing of personal data due to defiance of privacy policies exists. To tackle this challenge, a privacy-preserving framework is proposed. Within this framework privacy policies are expressed in the proposed Layered Privacy Language (LPL) which allows to specify legal privacy policies and privacy-preserving de-identification methods. The policies are enforced by a Policy-based De-identification (PD) process. The PD process enables efficient compliance to various privacy policies simultaneously while applying pseudonymization, personal privacy anonymization and privacy models for de-identification of the data-set. Thus, the privacy requirements of each individual privacy policy are enforced filling the gap between legal privacy policies and their technical enforcement

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Carvalho, Luciana Paula Vaz de. "O trabalho da criança e do adolescente no ordenamento jurídico brasileiro: normas e ações de proteção." Pontifícia Universidade Católica de São Paulo, 2010. https://tede2.pucsp.br/handle/handle/9120.

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Coordenação de Aperfeiçoamento de Pessoal de Nível Superior
The exploration of the child and teenage labor represents one of the most concerning issues in the contemporary world. Therefore, this research intended to present the legal protection available in the Brazilian law for children and teenagers. The study of what is infantile and juvenile labor deserved special attention so as to better define and guide the protection norms. The survey of international covenants for child and teenage protection that Brazil ratified, as well as the study in comparative law, confirm the special attention that Brazil has been paying to this major social problem, adopting important protection instruments, amongst them the Federal Constitution, the Child and Teenage Statute and the Labor Law Consolidation. Such legal and protective framework is extremely important in view of the sad reality thousands of children and adolescents live in our Country, predominantly in domestic, rural and urban labor. In this scenario, several child labor eradication and teenage labor protection programs are being developed, with quite positive results and with the support of government agencies, non-government entities and the private initiative, without overlooking the important role that the Labor Prosecutors Office play in emancipating such children and teenagers, lost in a life without their childhood or youth
A exploração do trabalho infanto-juvenil representa um dos problemas mais preocupantes no mundo contemporâneo. Desta forma, a presente pesquisa destinou-se a analisar a proteção da criança e do adolescente no ordenamento jurídico brasileiro. O estudo do que seja trabalho infantil e juvenil mereceu especial atenção, a fim de melhor definir e destinar as normas de proteção. A análise das Convenções Internacionais de proteção à criança e ao adolescente ratificadas pelo Brasil, bem como o estudo no direito comparado, corrobora a especial atenção que o Brasil vêm destinando à este grave problema social, adotando importantes instrumentos de proteção, entre eles, a Constituição Federal, o Estatuto da Criança e do Adolescente e a Consolidação das Leis do Trabalho. Constata-se que referido arcabouço jurídico-protetivo é de extrema importância diante da triste realidade que milhares de crianças e adolescentes vivem em nosso País, predominantemente, no trabalho doméstico, rural e urbano. Neste cenário, vários programas de erradicação do trabalho infantil e proteção ao trabalhador adolescente foram desenvolvidos, com resultados bastante positivos e com o apoio de entidades governamentais, não-governamentais e a iniciativa privada, não olvidando do importante papel que o Ministério Público do Trabalho possui na emancipação dessas crianças e adolescentes, perdidas em uma vida sem infância e juventude

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Olin, Dahl Fanni. "Från praktik till juridik : en diskursanalys av promemorian ”Barnets bästa när vård enligt LVU upphör”." Thesis, Ersta Sköndal Bräcke högskola, Institutionen för socialvetenskap, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:esh:diva-9011.

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Fallet ”Lilla hjärtat” föranledde en granskning samt en förändringsprocess av socialnämndernas sätt att arbeta med tvångsvård av barn. Förloppet som följde ledde fram till promemorian Barnets bästa när vård enligt LVU upphör som är framtagen av en utredare på Socialdepartementet. Utredaren presenterade fyra förslag på förändring av lagstiftningen som ämnar att stärka barnets bästa. Jag har genomfört en diskursanalys av promemorian med utgångspunkt i forskningsfrågan: Hur påverkar en specifik händelse, omdebatterad såväl medialt som politiskt, det sociala arbetets styrning? Det är tydligt att de lagförslag som utredaren presenterar har en påtaglig koppling till socialnämndens hantering och debatten kring fallet Lilla hjärtat. Därtill präglas promemorian av en rättslig diskurs som i och med översättningsprocessen från det sociala arbetets praktik till en rättslig praktik förenklar representationen av problemet vilket resulterar i att socialarbetarens maktposition befästs medan barn framställs som passiva mottagare av stöd och skydd. Om lagförslagen antas kommer de påverka den enskilda socialarbetarens handlingsutrymme inom området tvångsplacering av barn.
The case "Lilla hjärtat" led to an evaluation of the social welfare committees' way of working with compulsory care of children. The process that followed led to the memorandum “The child's best interests when care according to LVU ceases” prepared by an investigator at the Ministry of Social Affairs. The investigator presented four proposals for changes in the legislation that aim to strengthen the best interests of the child. I have conducted a discourse analysis of the memorandum based on the research question: How does a specific event, debated both in the media, and politically, affect the governance of social work? It is clear that the legislations presented by the investigator have a strong connection to the Social Welfare Board's handling of the case and the debate surrounding the case Lilla hjärtat. Moreover, the memorandum is characterized by a legal discourse which, through the translation process from social work practice to a legal practice, simplifies the representation of the problem, which results in the social worker's position of power being consolidated while children are portrayed as passive recipients of support and protection. If adopted, the legislations will affect the individual social worker's capacity of action in the area of child protection.

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D'Huart, Angélique. "Le principe du contradictoire et le juge des enfants : à l'épreuve de la pratique." Thesis, Strasbourg, 2019. http://www.theses.fr/2019STRAA023.

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Au moment de l’adoption du Code de la justice pénale des mineurs et de l’anniversaire de la Convention internationale des droits de l’enfant du 20 novembre 1989, la protection de l'enfant est un enjeu majeur de notre société et le traitement d'un sujet relatif au juge des enfants apparaît essentiel. Acteur principal de la protection de l'enfance, le juge des enfants voit ses attributions se situer aux confins du droit civil et du droit pénal. Il convient alors de s'interroger sur son rôle, en constante évolution depuis sa création en1945. Entre protection et répression, il est particulier pour le juge des enfants de situer son intervention. Tout en assurant la protection de l'enfant, ce magistrat doit respecter les principes de procédure qui régissent notre droit français. Le contradictoire, un des principes directeurs, apparaît ainsi comme incontournable dans le quotidien du juge des enfants. Toutefois, si la nécessité du respect de ce principe n'est pas à contester, sa définition est parfois imprécise dans les textes, et son application rend la protection de l'enfant compliquée. C'est ainsi qu’au quotidien, le magistrat de la jeunesse se doit de trouver un compromis entre le respect du contradictoire et la protection. Cet exercice nous conduit ainsi à mettre en exergue que l'application du contradictoire est particulière lorsqu'il est pris en compte devant le juge des enfants. Définition imprécise, application spécifique, le sujet relatif à la mise en œuvre d’un principe de procédure devant le juge des enfants paraît bien complexe. Néanmoins, c'est de cet aspect que découle tout son intérêt
At the moment, when the adoption of the penal justice code and the anniversary of the 20 november 1989 children’s rtights international convention underwent, child protection is a major issue in our society and the investigation of a topic related to children's judge appears to be crucial. Main actor of the childhood protection, the children's judge sees his attributions lie at the border of civil law and criminal law. Thus, it appears interesting to study his role, which has been in constant evolution since its creation in 1945. Torn between protection and repression, it is tricky for this magistrate to ground his intervention. While maintaining a full protection for children, the magistrate must comply with procedural principles, which govern our French law. Hence, the adversarial principle, one of the principles, appears as an unavoidable principle in the children's judge everyday routine. However, if the importance of the respect of this principle is not to contest, its definition is sometimes blurry in the legal texts, and its application makes sometimes the child protection difficult. Thus, the juvenile magistrate sees himself trapped in an everyday questioning to make a compromise between the respect of the adversarial principle and ensuring protection. This everyday exercise brings us to highlight that the application of the adversarial principle is peculiar when it is taken into account by the children's judge. Unclear definition,specific application, the subject relating to the implementation of a principle of procedure before the juvenile judge seems very complex. Nevertheless, it is from this aspect that all its interest derives

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Nene, Bi Arsène Désiré. "L’effectivité des droits de l’enfant en côte d'Ivoire : entre normes internationales et réalités locales." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE3034.

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L’effectivité des droits de l’enfant en Côte d’Ivoire est soumise à une tension constante et fragile entre les normes internationales qui proclament ces droits et assurent leur garantie et les réalités locales qui sont celles d’un pays en développement. De surcroît, la Côte d’Ivoire a rencontré depuis plus de dix ans de graves problèmes d’instabilité politique et sociale à cause d’une crise armée qui a déstabilisé les régimes de protection dans tous les domaines où ceux-ci existaient auparavant. La situation de la protection des droits de l’enfant, essentiellement d’origine internationale et placée à ce titre, sous un contrôle international pouvait-elle échapper à ce contexte ? La thèse montre que l’intégration dans le droit national ivoirien des normes internationales de protection à travers une large participation de la Côte d’Ivoire à la plupart des instruments protégeant tant les droits de l’Homme en général que les droits de l’enfant en particulier, de même que la traduction nationale de ces droits selon les exigences constitutionnelles dans une importante législation pourraient donner une image d’effectivité. Cette image est cependant fausse. L’effectivité de ces droits, lorsqu’elle est mise à l’épreuve des réalités du pays, tombe sous le poids des manifestations des violations aussi diverses qu’inacceptables. C’est pourquoi des mesures pour une effectivité améliorée sont préconisées. Leur mise en œuvre pourrait garantir un meilleur avenir à tous les enfants de la Côte d’Ivoire
The effectiveness of children’s rights in Ivory Coast is subject to a constant and fragile tension between the international standards that proclaim these rights and guarantee them and the local realities that are those of a developing country. In addition, for more than ten years, Ivory Coast has faced serious problems of political and social instability because of an armed crisis that has destabilized protection regimes in all areas where they previously existed. Could the situation of the protection of the rights of the child, mainly from international origin and placed under international control, escape this context? The thesis shows that the integration into Ivorian national law of international standards of protection through a wide participation of Ivory Coast in most instruments protecting both human rights in general and the rights of the child in particular, just as the national translation of these rights according to constitutional requirements into important legislation could give a sense of effectiveness. However, this feeling is fake. The effectiveness of these rights, when challenged by the realities of the country, falls under the weight of manifestations of violations as diverse as unacceptable. This is why measures for improved effectiveness are recommended. Their implementation could guarantee a better future for all children in Ivory Coast

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Mendes, Moacyr Pereira. "A doutrina da proteção integral da criança e do adolescente frente à lei 8069/90." Pontifícia Universidade Católica de São Paulo, 2006. https://tede2.pucsp.br/handle/handle/7197.

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The main Idea of this work is to discuss the doctrine of full protection to the infant, foreseen by the Child and Adolescent Statute. For that, we will study the main international conventions and treaties that rule the subject, in order to fallow the historical evolution of this new doctrine in our legal system, since the Constitution of 1988, until the issue of the Child and Adolescent Statute. We will analize the relevant aspects of the full protection doctrine necessities and importance, as well as the new of the infant presented by the Statute, who is no longer seen as an object, but as a person in a peculiar development condition. We will discuss the new view, and the necessity of the protection doctrine, presenting and referring to some of its aspects, which, as we shall see, are vital to the infant development. This way, we believe that full protection doctrine will be widely discussed, with a perfect understanding of this new view presented by the Child and Adolescent Statute, that, as said before, considers the infant a person in peculiar condition
A idéia central desse trabalho é falarmos sobre a doutrina da proteção integral do menor, prevista no Estatuto da Criança e do Adolescente. Para tanto, faremos um estudo das principais convenções e tratados internacionais que regem a matéria, para, em seguida, trilharmos uma evolução histórica dessa nova doutrina no nosso ordenamento jurídico, a partir da Constituição de 1988, culminando com a edição do Estatuto da Criança e do Adolescente. Analisaremos os aspectos relevantes da necessidade e importância da doutrina da proteção integral, bem como dessa nova visão apresentada pelo Estatuto da Criança e do Adolescente, em face dos menores, os quais são tratados como pessoas em condição peculiar de desenvolvimento. Faremos uma abordagem dessa visão apresentada pelo Estatuto da Criança e do Adolescente, da qualidade de menores ainda em desenvolvimento, e da necessidade da doutrina da proteção integral à criança e ao adolescente, abordando alguns aspectos que a compõem, os quais, como veremos, são vitais para os menores. Com isso, cremos que tanto a doutrina da proteção integral será compreendida, como a nova visão apresentada pelo Estatuto da Criança e do Adolescente, que enfoca o menor como pessoa em condição peculiar

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Gottliebová, Monika. "Praktické postupy práce orgánů sociálně-právní ochrany dětí v kontextu mezinárodních standardů Quality for Children v Ústeckém kraji." Master's thesis, 2011. http://www.nusl.cz/ntk/nusl-313956.

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This work is concerned with problems of the practice of the authority in the socio- legal protection of children in Ústecký region. The purpose of the work is the analysis of progress in work of the authority in the socio-legal protection of children in the context of the international standards Quality for Children. The theoretical part of the paper describes basic concepts relating to social- legal protection of children in the connection to the standards Quality for Children. The practical part analyzes practical progress in work of the social-legal authority of children in Ústecký region in the context of these standards. The analysis was performed with 20 interviews with officers from socio-legal authority in Ústecký region. The result of my investigation is to analyze the degree of the fulfillment of these standards.

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Čížková, Barbora. "Mezinárodní standardy Quality4Children v praxi sociálně-právní ochrany dětí v ČR." Master's thesis, 2011. http://www.nusl.cz/ntk/nusl-312206.

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Čížková, B. (2011). International standards Quality for Children in the practice of the social and legal protection of children in the Czech republic. Praha: Faculty of Arts, Charles University. Master's Degree Thesis. The object of this work is to identify the weaknesses of the current system of the alternative care by comparing casuistry with the standards of quality. I use casuistry of the current or former clients of foster care. In the first part I put the topic of social and legal protection of children into context of international and constitutional documents. There is also a chapter about the Standars Quality4Children. Then I focus on the situation in the Czech republic. I start with the descripction of the current system and finish with the process of transformation of the system of care for children at risk. The bill changing the Act No. 359/1999 Coll. on the social and legal protection of children was published. It is the first step to the transformartion and it's necessary to be followed-up other steps. The actual explorative empirical part of this work is conducted by a qualitative research strategy. The empirical investigation was executed in form of interviews with twelve respondents. Research sample consists of two social workers (from authority for social and legal protection of...

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FISCHEROVÁ, Kateřina. "Zavádění standardů kvality sociálně-právní ochrany dětí z pohledu sociálních pracovníků orgánu sociálně-právní ochrany dětí." Master's thesis, 2017. http://www.nusl.cz/ntk/nusl-317839.

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The diploma thesis named Introducing quality standards for social and legal protection of children from the point of view of social workers of the institution of social and legal protection of children enables an insight into the issue of how social workers of the institution of social and legal protection of children view the introduction of quality standards for social and legal protection of children. The amendment of Act No. 359/1999 Coll., on social and legal protection of children, has brought significant changes in the activity of institutions of social and legal protection (OSPOD / BSLPC), especially in the field of applying instruments of social work. The conditions for a quality performance of the contents of this responsible work are created by means of standardisation. Standardisation means determining obligatory procedures in the performance of particular management activities as well as minimum parameters for a quality performance thereof (Macela, 2012). The thesis is divided into several parts. The first chapter defines the basic terms of the subject in question. The thesis is devised theoretically and draws on relevant professional literature. It deals with the specifications of social and legal protection of children (SLPC), what kinds of principles of social and legal protection of children there are, the SLPC social workers, the conditions for the performance of the profession of SLPC social workers. Further, the chapter explains terms of quality, social work, the family and the child. It defines perception and which factors may influence perception. Appropriate attention is given to the legislation of quality standards for the institutions of social and legal protection of children, the content and objective of quality standards of the institutions of social and legal protection of children, the process of standardisation and the availability of social and legal protection and the conditions for the performance thereof. The second chapter determines the objective of the thesis and research questions. The third chapter characterises the set examined and the methodology of work chosen for this purpose, the techniques of collecting data, analysis of data and the realisation of the actual research, including the ethics of the research. The fourth chapter deals with the outcomes of the thesis. The main objective of the thesis was to identify how social workers perceive the introduction of quality standards for social and legal protection of children. To achieve the objective of the thesis, I chose the strategy of the qualitative research, method of questioning and the technique of a semi-structured interview. The interviews were realised in the course of July 2016 in the research sample of ten staff members of the institution of social and legal protection of children who work at the position of a SLPC social worker in communities with extended powers, situated in the Region of South Bohemia. The communication partners were chosen by the method of purposive sampling. Based on the objective of the thesis two research questions were set up: Which factors influence the perception of social workers of the institution of social and legal protection of children within the introduction of quality standards for social and legal protection of children? Which aspects of the introduction of quality standards for social and legal protection of children are perceived by social workers of the institution of social and legal protection of children as positive or negative? As has emerged from the research, the changes resulting from the introduction of the standards that social workers of the institution of social and legal protection of children regarded as positive included the improvement in workplace equipment and setting a limit for the number of families that a social worker may work with at one time. The majority of social workers gave a positive evaluation to the introduction of supervision. Work quality has been d

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Mulira, Dorcas B. "International legal standards governing the use of child soldiers." 2007. http://purl.galileo.usg.edu/uga%5Fetd/mulira%5Fdorcas%5Fb%5F200712%5Fllm.

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London, R. W. "Comparative data protection and security : a critical evealuation of legal standards." Thesis, 2013. http://hdl.handle.net/10500/13859.

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This study1 addresses the key information technology issues of the age and its unintended consequences. The issues include social control by businesses, governments, and information age Star Chambers. The study focuses on a comparative analysis of data protection, data security, and information privacy (DPSIP) laws, regulations, and practices in five countries. The countries include Australia, Canada, South Africa, the United Kingdom, and the United States. The study addresses relevant international legal standards and justifications. This multidisciplinary analysis includes a systems thinking approach from a legal, business, governmental, policy, political theory, psychosocial, and psychological perspective. The study implements a comparative law and sociolegal research strategy. Historic, linguistic, and statistical strategies are applied. The study concludes with a next step proposal, based on the research, for the international community, the five countries in the study, and specifically, South Africa as it has yet to enact a sound DPSIP approach.
LL.D. (Laws)

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London, Ray William. "Comparative data protection and security : a critical evaluation of legal standards." Thesis, 2013. http://hdl.handle.net/10500/13859.

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This study1 addresses the key information technology issues of the age and its unintended consequences. The issues include social control by businesses, governments, and information age Star Chambers. The study focuses on a comparative analysis of data protection, data security, and information privacy (DPSIP) laws, regulations, and practices in five countries. The countries include Australia, Canada, South Africa, the United Kingdom, and the United States. The study addresses relevant international legal standards and justifications. This multidisciplinary analysis includes a systems thinking approach from a legal, business, governmental, policy, political theory, psychosocial, and psychological perspective. The study implements a comparative law and sociolegal research strategy. Historic, linguistic, and statistical strategies are applied. The study concludes with a next step proposal, based on the research, for the international community, the five countries in the study, and specifically, South Africa as it has yet to enact a sound DPSIP approach.
LL. D.

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Conceição, Joana Raquel Patrício. "Ética e prática profissional nas comissões de proteção de crianças e jovens." Master's thesis, 2017. http://hdl.handle.net/10071/16633.

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O presente trabalho está inserido na temática da ética e prática profissional nas Comissões de Proteção de Crianças e Jovens. O objetivo deste estudo quantitativo foi descrever a perceção dos técnicos das Comissões de Proteção de Criança e Jovens acerca da ética e prática profissional em situações de possível dilema ético nas Comissões. A amostra foi de 121 técnicos abrangendo todas as comissões a nível nacional. Foi desenvolvido um inquérito, descrevendo algumas situações e dilemas éticos possíveis na prática profissional no contexto das CPCJ’s, questionando os participantes sobre (i) com que frequência ocorreram no exercício da sua função e (ii) em que medida avaliavam esta situação ou comportamento como ético. Os resultados do auto-relato dos técnicos revelou a existência de diversas discrepâncias entre as avaliações destas situações ou dilemas; i.e., alguns comportamentos pouco frequentes foram avaliados como pouco éticos; outros pouco frequentes foram avaliados como éticos; algumas situações frequentes foram avaliadas como éticas; e alguns comportamentos muito frequentes foram avaliados como não éticos, sendo estes últimos de particular importância. Os resultados são discutidos refletindo sobre a necessidade de formação específica e contínua sobre questões éticas e deontológicas no âmbito das CPCJ’s.
The present dissertation refers to the domain of ethics and professional practice in the Commissions of Protection of Children and Young people (CPCJ’s). The objective of this quantitative study was to describe the perception of Child Protection professionals about ethics and professional practice in situations of possible ethical dilemmas faced in the Commissions. The sample was composed of 121 participants from CPCJ’s at a national level. A survey was carried out, describing some situations and ethical dilemmas possible in professional practice in the context of CPCJs, questioning the participants about (i) how often they occurred in the exercise of their function and (ii) to what extent they assessed this situation or behavior as ethical. The results of the self-report of the participants revealed the existence of several discrepancies between the evaluations of these situations or dilemmas; i.e., some infrequent behaviors were assessed as unethical; other infrequent situations were assessed as ethical; some frequent situations were evaluated as ethical; and some very frequent behaviors were evaluated as unethical, the latter being of particular importance. The results are discussed reflecting on the need for specific and continuous training on ethical and deontological issues within the framework of the CPCJs.

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TRHLÍNOVÁ, Dagmar Alexandra. "Etická dilemata sociálního pracovníka při práci s nezletilými dětmi na pracovišti OSPOD." Master's thesis, 2019. http://www.nusl.cz/ntk/nusl-394216.

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The diploma thesis deals with ethical dilemmas, which social worker ordinary experiences during his work at the OSPOD (Service for the Protection of Children's Rights). The aim of the thesis is to present OSPOD, documents which are part of this work and ethical connection with social work. The aim of the research is to identify the most serious ethical dilemmas and the possibilities how to solve them. The qualitative method of research using semistructured interviews is used to realize the aim of the thesis. The research is carried out at the OSPOD in Český Krumlov.

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Lwabukuna, Olivia Kokushubila. "Reflections on the possibility of a comprehensive framework for the protection of IDPS in Africa’s great lakes region." Thesis, 2012. http://hdl.handle.net/2263/28365.

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The Great Lakes region covers central, eastern and some parts of southern Africa. It is situated strategically in the middle of the African continent and its stability, peace and development is imperative for the African continent. Inter and Intra-state conflicts have gone on in the region for the past couple of decades. These conflicts, which threatened to become a regional war, seem to have come to an end, but have left terrible reminders including the presence of masses of internally displaced persons. Various attempts have been made within the Great Lakes at state and regional level to address the issue of internal displacement. This study has highlighted these attempts while outlining the major setbacks and the gaps manifesting in existing institutional and legal framework. The study further has proposed the need for a comprehensive legal framework which should among other things codify the standards of protection; provide for the means and institutions of coordinating protection and assistance in all phases of displacement; serve as a legal basis for coordinating various regional and international actors and agencies involved in providing protection and assistance for internally displaced persons in Africa; highlight the measure or level of political will to achieve this; and finally provide means of monitoring such protection and assistance and ensure compliance by states. The study has also highlighted that existing frameworks, legal and institutional within the Great Lakes region and through additional aid from international mechanisms and actors are not adequate to resolve the issue of internal displacement within the region permanently and find durable solutions to millions of people laboring from protracted displacement. The study suggests alternative reliance on African systems and their conceptual contribution to the resolution of conflict and displacement in Africa and the Great Lakes in particular. The Final part of the study looks at national attempts to address the problem of internal displacement. Kenya and Uganda are discussed and contrasted in depth whilst highlighting their similarities and differences in addressing internal displacement. Both countries have at one point or the other experienced internal displacement, although not necessarily on the same scale, dynamics, time frame or even severity. They both seem to have taken incredible steps to address the issue of internal displacement including drafting policies, laws as well as assigning responsibilities for the displaced to specific ministries of government. Internally displaced persons in both countries seem to be in the process of returning home, even though at very different scales, and not always necessarily as a durable solution. These two countries have been used as case studies for identifying the domestic process of addressing internal displacement as well as determining the degree of comprehensiveness of the frameworks set up to address internal displacement.
Thesis (LLD)--University of Pretoria, 2012.
Jurisprudence
unrestricted

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36

Silverman, Nadine Sarah. "Legal protection and status of the child of immigrants, and the child immigrant, in Canada : with comparisons to the United Kingdom and the United States of America." 2004. http://hdl.handle.net/1993/15791.

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37

Kruger, Johanna Margaretha. "Judicial interference with parental authority: a comparative analysis of child protection measures." Thesis, 2003. http://hdl.handle.net/10500/2545.

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Since parental authority in South African law is based on German customary law, and not on Roman law, it exists for the protection of the child. Various protective measures exist to ensure that this goal is reached, mainly in the form of judicial interference with parental authority. An example is the termination of parental authority, or some of its incidents, by means of a court order. This takes place either in terms of the common-law authority of the High Court, or in terms of certain statutory provisions. One of the statutory provisions in terms of which the children's court can terminate some of the incidents of parental authority, is the Child Care Act 74 of 1983. If the children's court is of the opinion that a child is in need of care, it can order that the child be returned to the custody of its parents, or that the child be placed in foster care, or in a children's home or school of industries. There is at present no mechanism in the Child Care Act for ensuring legal representation for children. The draft Children's Bill expands the possible orders that the children's court can make and further provides that a child is entitled to legal representation in children's court proceedings, if necessary at state expense. In New Zealand, families participate in decision-making regarding children in need of care by means of the family group conference. In Scotland, children in need of compulsory measures of supervision are dealt with by a lay tribunal known as the children's hearing. The global movement to recognise and protect both the welfare and autonomy rights of children formed the basis of international-law protection of children, and the children's clause contained in section 28 of the Constitution of the Republic of South Africa 108 of 1996. In order to ensure that the protective goal of child law is reached, I propose that a multidisciplinary lay tribunal be instituted in South Africa to deal with children in need of care, and that legal representation for children in children's court proceedings be made compulsory in certain circumstances.
Private Law
LL. D.

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38

BERANOVÁ, Kateřina. "Specifika práce s rodinou dítěte ohroženého rozvodem rodičů z pohledu sociálního pracovníka OSPOD - teoretický rozbor a případová studie." Master's thesis, 2010. http://www.nusl.cz/ntk/nusl-51721.

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This thesis deals theoretically as well as in the scope of application practice with the issue of the children participation in the divorce disputes of parents as basic for the work of the social employee of an authority for the social and legal protection of children. The main target of the thesis was to describe, through the case studies, the course and specifics of the work with the family of a child endangered by the divorce of the parents from the point of view of the social employee of the authority for the social-legal protection of children (OSPOD). The partial target was, based on work with families, to formulate the recommendation for the consulting and activity of a social worker of OSPOD in the family of a child endangered by the divorce conflict of parents. In the scope of qualitative research by means of a case study I applied the method of participating observation, non-structured interview and the analysis of documents to acquire data. Based on the data acquired by these methods I made up four case studies. In three case studies, a more or less developed parental alienation syndrome, each time as a consequence of the alienation syndrome partner. In the four case studies the problems in the relation of the parent and the child after the divorce, originally interpreted by the father as the parental alienation syndrome, appeared as consequence of the non-sensitive involving of the child into the non-settled partner relationships between the parents from the part of parents and grand-parent. The work of a social employee of OSPOD in the investigated families had a consulting aspect, preventive aspect, it was done mainly on the level of individual and group interventions towards parents; that should respect and carry out the rights and duties following from the parental liability; partly the activity was carried out on the level of mediation work. Based on the comparison of individual case studies I formulated in the discussion part of the thesis the recommendation for the consulting work and activity of a social employee of OSPOD in the families of children the rights and interests of whom are endangered by the divorce dispute of parents.

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39

Cowburn, I. Malcolm. "Confidentiality and public protection: Ethical dilemmas in qualitative research with adult male sex offenders." 2005. http://hdl.handle.net/10454/3508.

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No
This paper considers the ethical tensions present when engaging in in-depth interviews with convicted sex offenders. Many of the issues described below are similar to those found in other sensitive areas of research. However, confidentiality and public protection are matters that require detailed consideration when the desire to know more about men who have committed serious and harmful offences is set against the possibility of a researcher not disclosing previously unknown sensitive information that relates to the risk of someone being harmed.

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40

Talip, Tamima. "Lost in transit: cross border surrogacy arrangements and the right of children not to be discriminated against on the basis of their birth or status." 2013. http://hdl.handle.net/11394/3874.

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41

Oladiji, Sharon Omowunmi. "The role of international, regional and domestic standards in monitoring children's rights." Diss., 2012. http://hdl.handle.net/10500/10567.

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The study provides a brief overview of the most important legal instruments in the international, regional and national framework on the development and promotion of children’s rights. Basically, it examines the continuous and pervasive violation of children’s rights despite the progressive instruments that have been adopted to ensure the proper and effective realization of these rights. It focuses on three different countries in Africa: South Africa, Ethiopia and Nigeria because of the value-laden nature of the progressive laws adopted by these countries in the protection of children’s rights. Specific roles and actions taken by international, regional and national monitoring bodies are highlighted to indicate their effectiveness in promoting and fulfilling rights for children. Country reports on the situation of children are examined in the context of realization of salient rights for children amidst the different judicial, political and socio-cultural settings. Emerging judgments and judicial developments that have limited and advanced the realization of rights for children in the specific country context were explored. Conclusions and recommendations are made.
Public, Constitutional, & International Law
LLM

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42

Van, Dyk Alida Claudina. "The application of child care policy and legislation to black families and children in South Africa." Diss., 1996. http://hdl.handle.net/10500/16295.

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This investigation attempts to analyse the applicability of child protection policy and legislation to black families and children in South Africa. The literature study focuses on the nature, scope and implications of child protection and child protection legislation, perspectives on children's and parents' rights, and more specifically on child-care policy and legislation in South Africa. A limited exploratory empirical investigation within the confines of the Child and Family Care Society was undertaken. The researcher had, by way of a case analysis, studied factors influencing the application of child-care legislation ~l:'ld described how legislation is being applied in practice. The application of philosophies and principles inherent in child-care policies, and the evolvement of certain patterns and trends have also been analysed. Specific deficiencies have been identified and recommendations regarding more effective social work practice are highlighted.
Social Work
M.A. (Mental Health)

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43

Bekink, Mildred. "The protection of child victims and witnesses in a post-constitutional criminal justice system with specific reference to the role of an intermediary : a comparative study." Thesis, 2016. http://hdl.handle.net/10500/22774.

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It is common knowledge that owing to their particular vulnerability children worldwide falls prey to physical and/or sexual violence in the home and/or community or witness criminal acts. Consequently children are called upon to testify in a court of law to cruelties or acts of violence. As a result of their developmental shortcomings and immaturity, children find the criminal justice system extremely intimidating and challenging. The importance of realising a justice system that not only affords an accused person the right to a fair trial but also protects and safeguards the rights of the child victims of and witnesses to the crime is thus indisputable. The purpose of this research was therefore to assist the South African criminal justice system in its on-going challenge to find a balance between the right of the accused person to a fair trial and the protection and safeguarding of the rights of child victims and child witnesses. The protection and safeguarding of the rights of child victims and child witnesses in terms of the South African Constitution, applicable domestic law and international instruments relating thereto were extensively discussed and shortcomings identified. Possible solutions to ensure that child witnesses and child victims are adequately protected and supported during the trial stage of the criminal process were advanced. Particular emphasis was placed on the role of an intermediary in assisting child victims and child witnesses during the court process. Comparative research on the protection of child victims and child witnesses in the criminal justice systems of New Zealand and Namibia were also conducted. Conclusions drawn from comparative studies were used to recommend appropriate changes to the current system. It is submitted that the adequate protection and safeguarding of the rights of child victims and child witnesses are dependent not only on sound legal principles but also on governmental and other involved stakeholders’ commitment toward the realisation of these rights. In order to give proper effect to the protection and safeguarding of child victims’ and child witnesses’ rights, it is proposed that the recommendations made throughout this study should be adopted and implemented. In this regard the role of an intermediary is crucial and the use of intermediaries should be promoted.
Private Law
LL.D.

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44

Šubrtová, Eliška. "Matka - uživatelka drog jako klientka Orgánu sociálně - právní ochrany dětí." Master's thesis, 2015. http://www.nusl.cz/ntk/nusl-349512.

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Background: This thesis is based on the increasing number of mothers (using addictive substances), which are appearing in social services, particularly in the Authority For Social And Legal Protection Of Children Specificity of mothers using addictive substances requires a special approach by addictology services. It begs a question, whether such specifics as to meet workers of ASPLC in cooperation with these mothers. The aim of this thesis is to describe the specifics of the work ASPLC with these mothers. Other aims are to determine how the cooperation between the two sides takes place, whether and which problems can occure in cooperation with these mothers and describe the procedure for the removing of children of these mothers and the possible impact of abusing ilegal substances on the need for the children removing. Methodology: Respondents for the research were selected using the purposive sampling method. The research sample consisted 11 workers of ASPLC and three mothers using addictive substances). Data were obtained by using of a semi-structured interview. Data were prepared for the analysis by transcription and coding, for which I used elements of the cluster method. Results: Research confirms the increasing number of mothers which use addictive substances authorities in the service of...

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45

Svobodová, Lucie. "Specifika sociální práce s rodinou v rozvodu z pohledu sociálně právní ochrany dětí." Master's thesis, 2015. http://www.nusl.cz/ntk/nusl-353955.

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This diploma thesis is focused on child protection in the context of divorce or separation of his parents and deals with the role of the authority of social - legal protection of children and the court in this matter. Mainly defines the terms of the applicable legislation in divorce matters (care of children after divorce, child's contact with the parents, alimony), which are usually the subject of protracted disputes between parents. The introductory section also mentions the importance of the family for the child and for society, the characteristics of the contemporary family, as well as divorce and its possible impact on the child and the wider surroundings of the family. In the empirical part, the work focuses on comparing the practices of social workers of the authority child protection offices in Prague with practices of social workers at the offices of towns in the Central Region in divorce issues, particularly in the area of investigation in the family. Next it examines also procedures of courts.

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VOLECHOVÁ, Olga. "Příbuzenská pěstounská péče z pohledu sociálního pracovníka orgánu sociálně-právní ochrany dětí." Master's thesis, 2012. http://www.nusl.cz/ntk/nusl-137664.

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Foster care is being discussed nowadays mainly in connection with conception of planned closing down of children´s homes due to which its enforcement rises. One form is kinship foster care. Relatives of the child become its foster carers. It is beneficial for the child to grow up in a wider family, at the same time some drawbacks of this form of foster care arise. The aim of the thesis was to look into the area of foster care from the point of view of a social worker of the social and legal child protection municipal office with extended autority of the South Bohemia Region. Two partial goals were set. The first one was to find out what the trend in relative foster care is, based on the records of the municipal offices with extended autority of the South Bohemia Region in the years 2005-2010 and the Czech Republic in the same period of time. The second one was to find out what the opinions on kinship foster care of the social workers of the social and legal child protection offices are, those who are in charge of foster care in the South-Bohemia Region. Strategy of qualitative research was chosen. To achieve the first goal, method of secondary data analysis and technique of content data anylysis were applied. To achieve the second goal, questioning method and semi-controlled dialogue technique were used. The first research data file consisted of foster care families registered in the years 2005-2010 with the social and legal child protection municipal offices with extended autority of the Czech Republic. The second one consisted of social workers of the social and legal child protection municipal offices with extended autority of the South Bohemia Region. Three research issues, which were gradually answered in the debate, were defined. Based on the research, two assumptions were determined at the end of the thesis. No.1 ´Social workers consider kinship foster care a suitable solution for social orphans.´ No.2 ´Social workers have critical attitude towards kinship foster care.´ At the end of the thesis, it is proposed to use it in training for social workers as well as in education of students of health and social care courses. The study could be also used in dispute over creation and expansion of professional services for foster carers and relatives.

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Benešová, Zdeňka. "Nejlepší zájem dítěte v průběhu rozvodu rodičů a v porozvodové péči." Master's thesis, 2015. http://www.nusl.cz/ntk/nusl-340908.

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This diploma thesis deals with contemporary family, in particular by ensuring the best interests of the child during the parents' divorce and post-divorce in care. The theoretical part introduces the characteristics of the contemporary family, as a result of socio-cultural development of society, and then attempts to put forward the concept of the current healthy family, as the possibility of a positive direction. It deals with the causes and manifestations of families at risk to stability, the question of divorce of parents in relation to a child after divorce and child care. It introduces the possibility of using supportive and protective services social and legal protection of children under current legislation. The subject of the practical work is still continuing casuistry's growing conflict divorce of parents, which resulted in threatening condition child's healthy development. The research focuses primarily on the way to fulfilling the practice of social and legal protection. Analyzes processes work, looking for the main obstacles to ensure the best interests of the child and trying to find possible solutions support and child protection. KEY WORDS  The best interests of the child, a healthy family, divorce, social and legal protection, system connection

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Lourenço, Estela. "A proteção dos direitos das crianças e dos jovens: o prevalecente superior interesse da criança ou do jovem retirado aos pais na “fronteira” da insuficiência económica." Master's thesis, 2018. http://hdl.handle.net/10437/9202.

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Orientação: Jorge Manuel Moura Loureiro de Miranda
Os direitos das crianças e jovens têm vindo a constituir um relevante foco de atenção por parte de profissionais e académicos na área, muito particularmente a partir de 1959, data em que é promulgada a Declaração dos Direitos das Crianças. Com a evolução dos tempos, assistimos a uma mudança de mentalidades, com significativa influência nas alterações legislativas internacionais, com maior enfoque na Europa, e que nos permitem afirmar hoje, que as crianças e os jovens estão mais protegidos, deixando de ser consideradas seres “menores”, independentemente de terem ou não atingido a maioridade civil. Não obstante a mudança de mentalidades a que nos referimos, nos nossos dias são ainda proferidas decisões judiciais de retirada das crianças e jovens aos pais, quando o único problema destes é a insuficiência económica.
The rights of children have been a relevant focus of attention by professionals and scholars in the area, particularly since 1959, when the Declaration of the Rights of Children is enacted. With evolution, we are witnessing a change of mentality, with significant influence on international legislative changes, with more focus in Europe, and which allow us to affirm today that children and young people are more protected, no longer being considered as "minor" beings, regardless of whether or not they have reached civilian majority. Notwithstanding the change of mentalities to which we refer, there are still judicial decisions on the withdrawal of children from their parents when their only problem is economic insufficiency.

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Horká, Michaela. "Role NZDM jako subjektu SPOD - jeho možnosti a limity." Master's thesis, 2016. http://www.nusl.cz/ntk/nusl-343400.

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The thesis focuses on the role of Low-threshold institutions for children and youth (NZDM) in the system of social- legal Child protection, their significance, possibilities and cooperation with other subjects, namely with Department of Social and Legal Protection for Children (OSPOD). The theoretical part defines what the social and legal protection for children is responsible for, how the cooperation between individual subjects work and what notification and information obligations are the subjects bound to fulfil. Attention is also paid to the tasks of OSPOD, NZDM and the role of entrusted persons in the system. The practical part is focused on three main topics. 1) Do the NZDMs have an authorisation to perform social and legal protection of children (and advantages and disadvantages associated with it)? 2) What is the role of NZDM in the system of Child protection (With what clients they work? How can NZDMs help their clients? And do they cooperate with other subjects)? 3) How does the cooperation with OSPOD works?The qualitative (interviews) as well as quantitative (questionnaires) methods have been used during the research.

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ZBORNÍKOVÁ, Kateřina. "Posuzování funkčnosti rodiny v Jihočeském kraji." Master's thesis, 2012. http://www.nusl.cz/ntk/nusl-138021.

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Assessing the functionality of family is a very current topic. The last survey of functionality of family according to Questionnaire of functionality of family was done by professor Dunovský in the 80th of the 20th century. The aim of this study is to determine what social workers in the South Bohemian region assess the functionality of the family according to. Partial research questions aim to answer the main research question: Which characteristics does a functional family have according to social workers? This study deals with the question whether the Questionnaire of functionality is still up to date or outdated. The study deals only with a few fields of the questionnaire. The research was qualitative; its main technique was a semi standardized interview. The structure of the interview took a form of broadly worded questions that were aimed at understanding the problem. The survey shows that the Questionnaire of functionality by Dunovský cannot be used in assessing the functionality of family without detailed history of a family, which will reflect particular variations in individual families on the basis of prolonged inquiry in the family. The categories of the Questionnaire themselves need to be updated with regard to the shift of social perception of family and the shift of social-economic situation of families in society.

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Dissertations / Theses on the topic 'Legal standards for child protection'

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