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Journal articles on the topic 'Legal standards for child protection'
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1
Dolan, Patrick, Nevenca Zegarac, and Jelena Arsic. "Family Support as a right of the child." Social Work and Social Sciences Review 21, no. 2 (May 18, 2020): 8–26. http://dx.doi.org/10.1921/swssr.v21i2.1417.
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This paper considers Family Support as a fundamental right of the child. It examines the relationship between the well-being of the child as the core concept of contemporary legal and welfare systems and family as a vital institution in society for the protection, development and ensuring the overall well-being of the child. Considering the fact that international legal standards recognise that children’s rights are best met in the family environment, the paper analyses what kind of support is being provided to families by the modern societies in the exercising of children’s rights and with what rhetoric and outcomes. Family Support is also considered as a specific, theoretically grounded and empirically tested practical approach to exercising and protecting the rights of the child. Finally, international legal standards are observed in the context of contemporary theory and practice of Family Support, while the conclusion provides the implications of such an approach.
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Alexander Yurevich, Epihin, Zaitsev Oleg Aleksandrovich, Grishina Ekaterina Pavlovna, Mishin Andrey Viktorovich, and Aliyeva Gulnar Isaevna. "INTERNATIONAL LEGAL PROTECTION OF JUVENILE VICTIMS (CHILD VICTIMS) FROM CRIME." Humanities & Social Sciences Reviews 7, no. 5 (October 20, 2019): 687–91. http://dx.doi.org/10.18510/hssr.2019.7583.
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Purpose: The article considers legal issues relating to the international legal standards and principles for the protection of child victims from crime, the current problems of implementing these norms in the legislative process of modern Russia.
Methodology: In the process of writing the article, we actively used dialectical, comparative, formally logical, inductive and deductive methods.
Result: The policy provisions on the legal status of child victims of crime are enshrined in the international regulatory documents, on the basis of which different legal institutions of national criminal procedure law are formed. The states that recognize prescriptions of an international nature assume the obligation to legally certify such models of criminal proceedings, in which not only the rights of children recognized as victims would be ensured but the principles of the presumption of innocence, competition, humanity, justice, which are the most important legal guarantee of the rights of the accused, would be observed.
Applications: This research can be used for universities, teachers, and students.
Novelty/Originality: In this research, the model of the International legal protection of juvenile victims (child victims) from crime is presented in a comprehensive and complete manner.
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Sofian, A., B. Pratama, Besar -, F. C. P. Pratomo, and Mark P. Capaldi. "A Brief Review: Children Online Privacy Protection in Indonesia." Advances in Social Science and Culture 3, no. 3 (June 25, 2021): p12. http://dx.doi.org/10.22158/assc.v3n3p12.
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Children’s Online Privacy Protection is a form of protection for all information attached to a child such as: a name, address, photo, video, and other related information pointing to the children. In Indonesia, the regulation of a child’s personal data does not create adequate protection. In reality, many children’s personal data are spread on social media and other various platforms that children access and as a result, the child’s personal data can be accessed and used for marketing purposes and/or other exploitation. As a legal subject, a child cannot protect themselves not only from various purposes of online business models designed by online platforms, but also from other people that may have bad intentions. In a global context, standardization becomes a necessity as both a measuring instrument and guidance for other countries to follow. The problem is, some of the measurements need to be adjusted with national law to comply with the set of local standards. Some of the first countries that have already regulated children’s privacy are found within the European Union (EU), UK and U.S. This research describes the scope of child protection standards and match them with Indonesian positive law. The research method of this research use doctrinal legal research to collect and to analyze legal material regarding two main concepts, namely: child protection regulation and information regulation. As a result, it is found that there is no legal mechanism that guarantees the protection of children’s personal data in Indonesia. It is suggested that Indonesian parliament and the President immediately revise the Child Protection Act and /or Electronic Transaction and Information Act.
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Nowocka-Skóra, Anna. "Rights of a socially maladjusted child." Problemy Opiekuńczo-Wychowawcze 584, no. 9 (November 30, 2019): 3–17. http://dx.doi.org/10.5604/01.3001.0013.6017.
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The article is an overview and a deep analysis of standards in international and Polish legislation regarding the protection of the rights of a socially maladjusted child. The analysis of the evolution of juvenile responsibility rules indicates a complete change over the last century, both in juvenile proceedings and in ensuring their rights at every stage of the judicial proceedings as well as during social rehabilitation process. The modernity and quality of currently applicable regulations of juvenile problems is evidenced by the separation of juvenile legislation and dealing with juvenile, which primarily means going beyond the legal and criminal field and giving the entire system of dealing with juvenile an educational and protective character , both as to the content (philosophy) and the essence of the means used.. The basing of dealing with juvenile on the idea of education and the specific manifest of juvenile rights in social rehabilitation contains many acts of international law – the Convention on the Rights of the Child, the United Nations documents from 1985 to 1990, the United Nations Standard Minimum Rules for the Administration of Juvenile. Justice (“The Beijing Rules”), the United Nations Guidelines for the Prevention of Juvenile Delinquency (“The Riyadh Guidelines”), the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (“Havana Rules”) as well as European legal standards (Recommendations N. R (87)18, R(92)16 N. R(92)17 of the Committee of Ministers), as well as the Act of 26 October 1982 on proceedings in juvenile cases in force in Poland (Journal of Laws of 2016, item 1654, as amended).. The analysis and review of rights guaranteed to juvenile made in the article is consistent with the state of knowledge and the system of values that determine our contemporary identity – dignity of each person, dignity of each child, dignity of a socially maladjusted child.
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Wijakusumariasih, Ni Putu Ika. "Legal Protection For Children Againts Sexual Exploitation and Abuse of Children Online." Jurnal Magister Hukum Udayana (Udayana Master Law Journal) 8, no. 1 (May 30, 2019): 1. http://dx.doi.org/10.24843/jmhu.2019.v08.i01.p01.
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The disclosure of cases of pedophiles online on social media in Indonesia certainly dangers that lurk children from perpetrators of sexual crimes. End Child Prostitution in Asian Tourism (ECPAT) Indonesia and the Criminal Crime Reform Institute (ICJR) regard this case of online child pornography as the largest ever disclosed by police without casualties. Online pedophile actors operating on social media Facebook use Official Candy Group accounts. Online pedophile prostitution has involved international networks. Departing from this background, the purpose of writing this scientific paper is to find out about the protection of children in Indonesia in terms of online pedophiles that refer to international child protection instruments that have been ratified. The research method used in this study is a normative legal research method. Seeing the situation in the territory of Indonesia become a place of practice that deviates until the involvement of international syndicates and modes is more sophisticated. Conditions further strengthen the assumption that Indonesia is indeed in an emergency of sexual violence. Harmonizing national laws to protect children online with international standards is key to providing the right tools for law enforcement in dealing with child sex crimes. In the child protection survey in the digital era in ASEAN member countries, it appears that Indonesia still needs improvement in terms of legal instruments related to child protection in the context of regulations and policies in making child protection mechanisms in the virtual realm in accordance with global commitments in which Indonesia is member of several international organizations.
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Syroyid, Tetyana. "International legal standards for ensuring the right of minors deprived of liberty to health." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 3, no. 3 (September 30, 2020): 32–37. http://dx.doi.org/10.31733/2078-3566-2020-3-32-37.
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The article analyzes the general and special international legal acts in the field of regulation of the right to the highest standard of living (right to health) of minors deprived of liberty, in particular: Declaration of the Rights of the Child, 1924, United Nations Declaration of the Rights of the Child, 1959, International Covenant on Economic, Social and Cultural Rights, 1966, Convention on the Rights of the Child, 1989, United Nations Minimum Standard Rules on the Administration of Juvenile Justice (Beijing Rules), 1985, United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines), 1990, UN General Assembly special resolutions on the protection of the rights of the child, including children deprived of their liberty, etc. The emphasis is placed on key problematic aspects of the protection of the right to health of minors deprived of their liberty, in particular: the use of torture and other cruel, inhuman or degrading treatment or punishment; harm to the mental and physical health of children in all situations of imprisonment; the spread of sexually transmitted infections. The article focuses on the special needs of children with disabilities. Given the existing problems of drug use, which contribute to the spread of infectious diseases among the categories of prisoners, cause significant harm to the health of minors, attention is focused on the characteristics of special rules in this area. Given the fact that the emergence and spread of the COVID-19 pandemic has become a modern threat and a challenge to health of population in general, including persons deprived of their liberty, attention is paid to international acts, which set out recommendations to protect this category of persons during the pandemic. Relevant conclusions and recommendations have been made to improve the status of minors deprived of their liberty.
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Sinova, L. "SOCIAL AND LEGAL PROTECTION OF CHILD NEGLECT AND HOMELESSNESS DURING QUARANTINE." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 117 (2021): 74–78. http://dx.doi.org/10.17721/1728-2195/2021/2.117-14.
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The article examines the features of the legal status of child neglect and homelessness, determines the place of this category of persons in society and the state. Child neglect and homelessness are considered as a separate category that needs social and legal protection from the state and charitable organizations, especially during the coronavirus pandemic (COVID-19). Today, the problem of homeless people and homeless children in Ukraine distorts the social environment, destroys the physical, mental and spiritual health of people, reduces their vital, social and creative activity, worsens morale, as well as creates tension in society. The main reasons for this situation were a sharp decline in income and living standards due to the coronavirus pandemic (COVID-19) and structural changes in the economy, unprofitability of many manufacturing enterprises, imperfect financial and credit mechanisms, the sharp increase in existing and hidden unemployment, unpreparedness of training and social institutions, as well as law enforcement agencies to work with such categories of the population in the market conditions. The general principles of social protection of homeless persons and homeless children established by the legislation are determined. It provides legal regulation for relations in society, which are aimed at realization by homeless persons and homeless children of their rights and freedoms provided by the Constitution and legislation of Ukraine. It also creates conditions for public and charitable organizations working in the field of social protection. The conditions and active growth of the number of homeless people and homeless children during quarantine are studied. The author points out the need to comply with the current legislation in the field of social and legal protection of this category of persons, especially during quarantine, as health should be a strategic direction of human life. Thus, the state should protect and help homeless citizens and homeless children according to the Constitution of Ukraine, as a person, his life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social value. The maintenance and upbringing of orphans and children deprived of parental care is the responsibility of the state. Keywords: homelessness, child neglect, life circumstances, health care, quarantine, social assistance, social services, orphanhood.
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Kravchuk, Natalya V. "The Hague Convention on International Child Abduction: The Protection or Neglect of a Child`s Interests?" Family and housing law 6 (December 10, 2020): 18–21. http://dx.doi.org/10.18572/1999-477x-2020-6-18-21.
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The paper analyses provisions of Convention on the Civil Aspects of International Child Abduction with regard to a principle of the best interests of the child. The jurisprudence of the European Court of Human Rights on the best interests of the child dictates they should be interpreted broadly and cannot be identified by the application of the legal presumption. There is therefore a potential conflict between this reading and a narrow interpretation of this notion by the Hague convention according to which the best interest of the child in the case of international abduction is to return to the state of habitual residence. To secure the best interests of the child while applying Hague convention it is necessary to take into consideration respective international standards.
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Pais, Marta Santos. "The protection of children from sexual exploitation Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography." International Journal of Children's Rights 18, no. 4 (2010): 551–66. http://dx.doi.org/10.1163/157181810x536815.
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AbstractThe Convention on the Rights of the Child and its Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography provide a sound normative foundation for children's protection from sexual abuse and exploitation and for the adoption of legislative, policy and other measures to prevent and address these child rights violations. With the commemoration in 2010 of the 20th anniversary of the entry into force of the Convention and the 10th anniversary of the adoption of the Protocol, there is a strategic opportunity to promote universal ratification of these standards and to strengthen concerted efforts for their effective implementation. With this aim, a UN campaign has been launched to achieve universal ratification of the Protocol by 2012, to ensure the safeguard of children's protection from sexual abuse and exploitation as a legal imperative and a global priority, to prevent loopholes in child protection systems and to fight impunity within and across borders.
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Egelund, Tine. "Børns tarv og børns ret: Varetages de nødvendige hensyn til barnet i børneforsorgssager?" Dansk Sociologi 14, no. 2 (March 10, 2006): 39–57. http://dx.doi.org/10.22439/dansoc.v14i2.364.
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Tine Egelund: Children’s interests and children’s rights: do cases about child support take necessary consideration of the child
This article questions whether the Child Protective Services Act is in the best interest of the child and respects the rights of the child. The article illustrates the idea of the best interest of the child by reviewing the discourses on children’s needs in the Convention on the rights of the child, Danish legislation on child protection, and research on child neglect and abuse. It is argued that none of these sources offer clear guidelines for practice as to how to take the best interest of the child into consideration. In reality, the best interest of the child is decided by the individual social worker, who works within a framework with few legal restrictions, and whose assessments are based on scanty knowledge. The article demonstrates that children have few and limited rights in Danish legislation, and that the most important decisions about their fate rest on professional assessments, for which there are only few standards. In addition, studies show that the child protection services often violate the few rights that children have.
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Tankosic, Bojana, and Ivana Milosavljevic-Djukic. "Why do children remain silent about sexual abuse?" Temida 23, no. 3 (2020): 353–69. http://dx.doi.org/10.2298/tem2003353t.
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This paper aims to present the most common reasons why child victims of sexual abuse do not choose to testify about their experience in criminal proceedings. The process of disclosing sexual abuse and the reactions of family members and professionals in various institutions can be a source of support and help in recovery for the child, but also a source of secondary victimization. Based on that, the paper analyzes to what extent the Serbian legislative framework is harmonized with international standards regarding the protection of child victims from secondary victimization. It points out to the application of legal solutions on the protection of child victims during criminal proceedings through the Units for Supporting Child Victims and Witnesses as an example of the best practice in supporting and protecting child victims and witnesses from secondary victimization. Special attention is paid to the prevalence of sexual abuse of children, while the focus is on the reasons why children are not ready to speak publicly about sexual abuse, as well as the feelings that arise when disclosure occurs.
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Bahamondes, Andrea, Alvaro Barrera, Jorge Calderón, Martin Cordero, and Héctor Duque. "Mental health legislation in Chile." International Psychiatry 11, no. 4 (November 2014): 90–92. http://dx.doi.org/10.1192/s1749367600004689.
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Chile does not have a mental health law or act, and no single legal body protecting those deemed to be afflicted by a mental disorder, setting standards of care and protecting and promoting their rights. Instead, pieces of mental health legislation are scattered about in different legal and administrative documents, including the country's Constitution, Health Code, Criminal Code and Civil Code. Remarkably, mental health legislation was the object of virtually no change or amendment from the middle of the 19th century until the year 2001. New pieces of legislation have been issued since but, despite improvements in the protection of people suffering from a mental illness, a mental health law in Chile is still needed.
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Czechowicz, Sebastian. "Ocena krajowych gwarancji prawa do zdrowia dziecka po 30 latach obowiązywania Konwencji o Prawach Dziecka." Miscellanea Historico-Iuridica 19, no. 1 (2020): 375–91. http://dx.doi.org/10.15290/mhi.2020.19.01.16.
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The right to health is an intrinsic right of every person. It is counted among the fundamental rights. Nowadays, it is difficult to imagine living and functioning in society without a high level of health. This is due to the evolution of international and national health legislation and public health policies - different in each country. Undoubtedly, children and their rights are being given more and more attention in law. In this current, too, many legal acts of international importance have emerged, implemented into the national order. Among them is the postulate of the right to the health of the child, but an important right, due to the special position of the child in law. This article is devoted to the right to health. It focuses on the child as a subject of the law, who is particularly cared for by the legislator. On the basis of the present study, an analysis of legal acts concerning the right to health of a child was made. Particular attention was paid to the Convention on the Rights of the Child in view of the 30th anniversary of its entry into force. The analysis of the national legislation on the expressions of legal thought on the specific right to the health of the child gave an assessment of the level of protection of this right in Poland in the light of international standards. In the course of the analysis of national legislation, attention was drawn to selected specific regulations relating to the right to health of the child. Normative regulations were also examined in terms of their precision and continuation of the idea of continuous improvement of standards of protection of the right to child's health resulting from the Convention on the Rights of the Child.
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Wilanowska, Monika. "Zadania realizowane przez administrację publiczną w zakresie ochrony dzieci przed przemocą w rodzinie a standardy wynikające z Konwencji o Prawach Dziecka." Miscellanea Historico-Iuridica 19, no. 1 (2020): 245–66. http://dx.doi.org/10.15290/mhi.2020.19.01.11.
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A child's right to protection from domestic violence can be interpreted from a number of international legal instruments such as the Geneva Declaration adopted in 1924 by the League of Nations or the Declaration on the Rights of the Child adopted by the United Nations General Assembly in 1959. The Convention on the Rights of the Child, adopted by the General Assembly of the United Nations in 1989, refers most widely to it. It contains a number of principles indicating the need for the State to safeguard the rights of the child to protection from harm by family members. They relate to the rights of children to: live, be in the care of their parents, establish foster care for them, be free from interference in their private, family or domestic life and strictly protect them from domestic violence. The Republic of Poland, as a party to the Convention on the Rights of the Child, is obliged to observe the provisions indicated therein. The aim of this article is to analyze the provisions of the Convention on the Rights of the Child concerning the right of the child to be free from domestic violence, as well as to analyze and evaluate the legal regulations in force in Poland related to the performance of public administration's tasks in the field of protection of the child from domestic violence, in terms of their compliance with the standards resulting from the Convention on the Rights of the Child. The research was conducted on the basis of the formal and dogmatic method, the method of critical analysis of literature and the historical method.
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I. I., Onyshchuk. "Reproductive Rights and Surrogate Motherhood: Legislative, Doctrinal and Bioethical Principles." Almanac of law: The role of legal doctrine in ensuring of human rights 11, no. 11 (August 2020): 69–73. http://dx.doi.org/10.33663/2524-017x-2020-11-12.
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The sphere of reproductive rights is still beyond the scope of a thorough legal analysis, and it is not given due attention in the legal literature. This may be due to the fact that the concept of reproductive rights is new to Ukrainian law and has not yet found its proper place in the general system of law. There is a lack of scientific development in the issue of protection of the rights of the child to birth, trafficking in human beings for the purpose of exploiting surrogate mothers or children born as a result of surrogate motherhood, etc. The purpose of the study is to analyze the legislative, doctrinal and moral aspects of reproductive rights and to identify effective legal measures to improve the legal regulation of surrogate motherhood in Ukraine and the proper legal protection of the child before and after birth. Experimenting with human gene material as a conception in vitro turns children into a commodity. There is an artificial situation in which wealthy men will hire women to provide contracting services to their offspring. It is difficult to disagree that in surrogate motherhood, as in any business, personal financial gain dominates. So, from this point of view, surrogacy is a kind of market and business. The conception of the child is not a right, but an opportunity that is not given to all, but surrogate motherhood turns the child into an "object of economic agreement and contract, a kind of ordering of goods." The child cannot be considered as an object of property. It is unacceptable to consider the practice of surrogacy as ethical. In addition, forced commercial surrogate motherhood falls within the definition of trafficking in human beings. The issue of reproductive technology must be addressed in such a way that the child born as a result of surrogate motherhood does not fall prey to further exploitation. The author concluded that in many countries with a licensing or altruistic regime, many aspects of the use of assisted reproductive technologies and surrogate motherhood remain unregulated. There is no clear understanding of all the principles and standards governing the use of assisted reproductive technologies and surrogacy agreements. In general, the legislation lacks sufficient standards and provisions to protect the rights of parties to surrogacy agreements. The most controversial issues are the rights of the surrogate mother, the expectant parents and the children born as a result of the surrogate motherhood. At the present stage, legal adaptation of society to the development of medicine in the field of reproductive technologies has not yet taken place in Ukraine. Cases such as the birth of several children by surrogate mothers, births of a child with developmental disabilities, birth of a dead child or miscarriage, the need for an artificial interruption of pregnancy according to the medical opinion of doctors, the termination of marriage by genetic parents, the death of one or both parents. Keywords: reproductive rights, surrogacy motherhood, legal regulation, legal protection, embryo, child rights, family, surrogacy agreement.
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MUKHAMADIYEVA, Gulzhan N., Gulyiya MUKALDYEVA, Zhanar T. KARASHEVA, Amangeldy Sh KHAMZIN, Yermek A. BURIBAYEV, and Zhanna A. KHAMZINA. "Modernization of Social Security System Legal Regulation in Kazakhstan: Experience and Standards of the OECD Members Implementation." Journal of Advanced Research in Law and Economics 8, no. 8 (September 4, 2018): 2498. http://dx.doi.org/10.14505//jarle.v8.8(30).21.
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The main idea of the study is to substantiate legislative proposals, recommendations on the introduction in Kazakhstan of the standards of social protection systems of OECD member countries. As a result of the research, conclusions were drawn up aimed at improving the norms of the current legislation and law enforcement practice, and on modernizing measures to implement social policy in the context of the process of the progressive development of Kazakhstan as a social state. The purpose of the article is to develop recommendations, proposals focused on the further development of the legal framework of the social sphere in Kazakhstan as a perspective orientation of legal science and as the most important mechanism for implementing a number of constitutional human and citizen rights. The purpose of the study is limited to four main areas, namely the analysis of social protection systems of OECD countries in the event of the following social risks: disability, poverty, retirement age, and social security guarantees for the family and the child. The applied objective of the work is related to the justification and elaboration of a set of proposals to improve the current social legislation, proposals to increase the effectiveness of state social policy, to introduce the standards of OECD countries in the field of social protection into Kazakhstan's domestic law. Targeted users of the research results are the interested state bodies, the scientific community, students, undergraduates, doctoral students, a wide range of persons interested in the problems of legal provision of state social policy, social human rights.
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Gostin, Larry. "A Moment in Human Development: Legal Protection, Ethical Standards and Social Policy on the Selective Non-Treatment of Handicapped Neonates." American Journal of Law & Medicine 11, no. 1 (1985): 31–78. http://dx.doi.org/10.1017/s0098858800009126.
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AbstractSelective non-treatment decisions involving severely handicapped neonates have recently come under renewed judicial and legislative scrutiny. In this Article, the Author examines the legal, ethical and social considerations attendant to the non-treatment decision. In Part II of this Article the Author discusses the predominant ethical viewpoints relating to this issue and proposes a new moral standard based on personal interests. Part III presents a survey of the jurisprudence relating to selective non-treatment decisions. Parts IV and V of this Article provide a critical examination of the recently enacted Child Abuse Amendments of 1984, a federal legislative initiative designed to regulate treatment decisions relating to handicapped infants. The Author suggests that the ethical standards and treatment criteria proposed in this Article may prove useful to courts seeking to balance the handicapped neonate's constitutional right to privacy with the requirements of the new federal law.
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Musiwa, Anthony Shuko. "How Has the Presence of Zimbabwe’s Victim-Friendly Court and Relevant Child Protection Policy and Legal Frameworks Affected the Management of Intrafamilial Child Sexual Abuse in Zimbabwe? The Case of Marondera District." Journal of Interpersonal Violence 33, no. 11 (May 8, 2018): 1748–77. http://dx.doi.org/10.1177/0886260517752154.
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The study intended to assess, based on the perceptions of Victim-Friendly Court (VFC) professionals in Marondera District in Zimbabwe, how the presence of the VFC and relevant child protection policy and legal frameworks has affected the management of Intrafamilial Child Sexual Abuse (ICSA) in Zimbabwe. Sem-istructured questionnaires were administered to 25 professionals from 13 VFC agencies in Marondera, while one-on-one semi-structured interviews were conducted with 15 key informants who included five ICSA survivors and their respective five caregivers as well as five key community child protection committee members. All 40 participants were selected using purposive sampling. Data were analyzed manually using thematic analysis, descriptive analysis, and document analysis. The study showed that the VFC manages ICSA through prevention, protection, treatment, and support interventions, and that its mandate is guided by key child protection policy and legal frameworks, particularly the National Action Plan for Orphaned and Vulnerable Children and the Children’s Act (Chapter 5:06). The presence of these mechanisms is perceived to have resulted in increased awareness of ICSA, realization of effective results, increased reporting of ICSA, and enhanced coordination among VFC agencies. However, the same frameworks are perceived to be fraught with gaps and inconsistencies, too prescriptive, incoherent with some key aspects of the National Constitution and international child rights standards, and poorly resourced for effective implementation. All this has negatively affected the management of ICSA. Therefore, the Government of Zimbabwe should consistently review these systems to make them responsive to the ever-evolving factors associated with ICSA. Also, alignment with the National Constitution, full domestication of global child rights instruments, and routine collection of better statistics for evidence-based policy- and decision-making, and for better monitoring of progress and evaluation of outcomes, are necessary for positive results. Non-governmental stakeholders too should chip in with human, technical, and financial resources to enhance effective management of the social problem.
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Purwati, Ani, Fifin Dwi Purwaningtyas, and Jumali Sapta Agung. "Rehabilitation and reintegration policies of children victims of criminal action in the Children's Criminal Jurisdiction System." Research, Society and Development 10, no. 1 (January 17, 2021): e32810111706. http://dx.doi.org/10.33448/rsd-v10i1.11706.
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This research examines the harmonization of statutory regulations and the application of law on child victim protection as an achievement of optimal independence for child victims during formal restorative justice and post-recovery. The research objectives and specific targets were (1) formulating the concept of rehabilitation and reintegration of child victims in the juvenile justice system; (2) establishment of SOP (Standard Operational Implementation) for law enforcement officers on the handling of child victims; (3) integrated networking institutions / legal aid institutions and psychological assistance for child victims; and (4) the formulation of juvenile justice teaching, restorative justice, legal and psychological approaches. The method used in this research is through a mix methodological approach between law and psychology with a conceptual approach and a statue approach to analyze the weaknesses of current legislation, such as centralized legal protection for child victims of the fulfillment of restorative judicial evidence (informal), but not yet. Integrated psychosocial and vocational rehabilitation programs for every victims. Apart from that, the child criminal law policy in Indonesia which implements restorative justice is still in the perspective of children in conflict with the law. The concept method of victim rehabilitation is implemented by rehabilitation programs in accordance with the principles of the Convention on the Rights of the Child (KHA).
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Hristozova, Mariya. "CHILDREN'S RIGHT TO HEALTH IN THE ACTS OF THE UNITED NATIONS ORGANIZATION." Knowledge International Journal 28, no. 6 (December 10, 2018): 2051–55. http://dx.doi.org/10.35120/kij28062051m.
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One of the most vulnerable people in every society is children who, due to their physical, emotional, psychological and social immaturity, can not protect their fundamental rights and freedoms themselves and need increased support from the international community and national authorities. In view of these objective circumstances, in the system of the United Nations has adopted a number of legal acts which lay down minimum international standards for the protection of children's righThe most important and comprehensive international treaty for the protection of children 's rights is the 1989 United Nations Convention on the Rights of the Child. This Act proclaims a number of civil, economic, social and cultural rights for children who should be protected in all legal systems, such as: the right to education, the right to social security, the right to a standard of living appropriate to the physical, mental, social development of the child and other rights.Article 24 of the UN Convention also sets out the right of every child to enjoy "the highest attainable standard of health and health services to treat illness and restore his health." The right of children to health includes in its content, separate, autonomous rights and freedoms, such as the right to access quality medical care and remedies for illness and health rehabilitation, the right to control one's own health and body and others.In fulfillment of their obligations under the UN Convention on the Rights of the Child, States have an obligation to take comprehensive measures to ensure the fundamental human rights enshrined in the international treaty, including children's health, such as legislative, administrative, economic and other measures.However, the adoption of an appropriate legal framework is not sufficient to ensure effective protection of children's health. That right falls under the category of social rights, the full exercise of which requires active cooperation from the States. Today in a number of reports by international organizations is stated that many countries do not have sufficient financial resources to ensure the practical implementation of their obligations under international treaties, which creates a real risk to the children's right to health and for all their fundamental rights. In view of these disturbing data, further steps need to be taken to strengthen and guarantee all children's fundamental rights, especially their right to health, both at international and national level.
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Efimova, Nadezhda. "Child-friendly Justice: Substantive Characteristics." Advances in Law Studies 8, no. 4 (January 20, 2021): 46–50. http://dx.doi.org/10.29039/2409-5087-2020-8-4-46-50.
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This article explores the concept of child-friendly justice and its main characteristics. The article analyzes the regulatory framework for the introduction of the term "child-friendly justice" that exists in national and international legislation. The practice of the European Court of Human Rights is summarized, and the main characteristics of friendly justice are characterized. At the end of the article is concluded that the concept of child-friendly justice is the unique and universal for the development of approaches to protecting children’s rights in different types of legal proceedings and development of uniform standards for implementation of their interests.
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Bogoevska, Natasha, Vladimir Ilievski, and Suncica Dimitrijoska. "Protection of Children at Risk in the System of Justice for Children in the Republic of Macedonia." European Journal of Social Sciences Education and Research 5, no. 1 (December 30, 2015): 63. http://dx.doi.org/10.26417/ejser.v5i1.p63-69.
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In the last fifteen years, the Republic of Macedonia conducts thorough reforms in the system of justice for children. Since 2003, intensive efforts have been made in the process of establishment of a legal and institutional framework for protection of children at risk and children in conflict with the law. In this regards, the legislative changes were made in accordance with the Convention on the Rights of the Child and other international standards and principles. The new system is based on three elements (criminal law, civil law, and system of services and protection). The goal is not only to introduce certain principles for the development of justice for children, but to perform constant holistic re-evaluation of the programs for children at risk and children perpetrators of criminal acts.The focus is put on strengthening the relevant institutions as independent administrative units with a multidisciplinary approach in encountering with the complex problem of juvenile delinquency. In that term, precise procedures are instituted, with clearly divided roles of the actors, demanding specialization of the professionals involved in child treatment. Yet, the implementation of the legal framework faces certain obstacles as a result of lack of political will, structural and systematic reasons. The basic goals and principles such as restorative justice, mediation, alternative measures and procedural rights are still non-achieved. The execution of sanctions remains to be most serious problems within the system of child justice. In this context, there are poor infrastructural capacities, insufficient human resources as well as absence of employed effective methods and techniques in the treatment of children.
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ILGOVA, Ekaterina, Natalia DORODONOVA, Mikhail GORBACHEV, Ekaterina EVSTIFEEVA, and Tamara SMAGINA. "Conceptual and Categorical Framework in the Sphere of Prevention of Child Neglect and Juvenile Delinquency: Comparative Analysis." Journal of Advanced Research in Law and Economics 11, no. 1 (March 31, 2020): 59. http://dx.doi.org/10.14505//jarle.v11.1(47).08.
Full textAbstract:
In the legislative practice of foreign countries, the normative definitions regulating an activity in the field of prevention of child neglect and juvenile delinquency are set forth in both regulatory and conservatory legislation. International legislation in this field imposes an obligation on states to bring domestic regulations into line with international standards. However, a large number of legal categories in the sphere of prevention of child neglect and juvenile delinquency have contributed to their consolidation in various branches of law that could not affect an emergence of problems in the effective regulation and protection of social relations arising in this area.
The aim of this research is to prepare a theoretical basis of the legal grounds and to reveal the effectiveness of implementation of conceptual and categorical framework in the field of prevention of child neglect and juvenile delinquency. The analysis of legislation is used with dialectical method as a universal cognition method in combination with general scientific and private scientific methods as dogmatic (formal and logical) and comparative legal, formal legal methods.
It is concluded that the definitions used in regulations of the former Soviet republics are the most similar. In English-speaking countries some legal concepts in the field of prevention of child neglect and juvenile delinquency are not clearly similar. The result of the research has shown that regulations are characterized by their own content or by their own terminology used in a particular country. Despite the differences in definitions states generally follow a policy of ensuring minors’ rights and freedoms.
The article specifies a general conception of interrelation between international and domestic legislation in the field of prevention of child neglect and juvenile delinquency.
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Agamirov, K. V. "Social Sphere as an Object of Legal Regulation and Legal Forecasting." Lex Russica 1, no. 2 (February 28, 2020): 106–24. http://dx.doi.org/10.17803/1729-5920.2020.159.2.106-124.
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The importance of legal forecasting lies in the study of legal phenomena and processes that occur under the influence of economic, political, demographic, ideological, and international factors of change, and in the development of proposals for the optimal development of legislation for their subsequent inclusion in legislative work plans. The main methodological problem of legal forecasting is to reveal the essence of the category "legal system and the future", the dynamics of which determines the quality of predictive research at all levels: strategies for the development of Russian legislation; legal institutions; legal education and law making; legal behavior of the individual (sociological aspect of forecasting). Representing a system of certain theoretical principles, forms and methods, as well as epistemological regularities for obtaining probabilistic judgments about the future state of legal and state phenomena and processes, the methodology of legal forecasting is aimed at improving the effectiveness of normative acts in all branches of law. It determines the most rational ways of developing the legal system as a whole. The paper analyzes the state of legal regulation in the field of maternal, child and family protection, social security, labor relations and some other areas of social reality. Using legal methods of forecasting, the author sketches the socio-legal institutional and industry models based on political-legal, socio-economic and spiritual factors, which are important landmarks to improve social relations, legal institutions and standards. The author proposes specific measures for the modernization of the legislative institutions in the socio-legal environment corresponding to the socio-cultural processes taking place in society and expected changes in the socio-cultural conditions in the future based on experienced or anticipated social needs. Conclusion: the current stage and social dynamics of social development require urgent legislative measures to ensure a decent human existence and implement the provision of article 2 of the Constitution of the Russian Federation on his rights and freedoms as the highest value.
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Shen, Anqi. "The age of criminal responsibility and juvenile justice in mainland China: a case study." Northern Ireland Legal Quarterly 67, no. 3 (September 1, 2016): 357–71. http://dx.doi.org/10.53386/nilq.v67i3.123.
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This article is about the rules on age and crime in relation to juveniles in mainland China. It starts with an outline of the Chinese law on age and crime in relation to children and young people. This is followed by a brief analysis of the international legal framework – norms, standards, rules and guidelines – pertaining to global child protection and juvenile justice policies. It then moves on to examine juvenile justice policy and practice in China, the reality of juvenile offending in the country and, accordingly, the calls for reform of the age of criminal responsibility. Finally, it concludes that China’s problem is not about a low age of criminal responsibility or resistance to the international law, but more to do with a deeper understanding of it and implementation. From a comparative perspective, it utilises China as a case study to claim that attention in juvenile justice in any given jurisdiction should be shifted away from (re)setting the minimum crime age to the development of child-centred juvenile justice that should be research-informed, under the human rights framework and that moves away from the legal institutions and the disproportionate punitive interventions.
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Sokhan, Maria. "The right of persons with family responsibilities to social protection: world experience." Law and innovations, no. 2 (30) (June 2, 2020): 76–81. http://dx.doi.org/10.37772/2518-1718-2020-2(30)-11.
Full textAbstract:
Problem setting. In modern socio-economic conditions, the problem of social protection of persons with family responsibilities becomes especially relevant. In the process of life of families with minor children, there are a large number of social risks, including disability, illness, poverty, child support alone, etc., which requires the state to develop and adopt qualitatively new social programs aimed at protection of the given subject of the right of social security from adverse consequences of such risks. Analysis of recent researches and publications. In social security law, issues related to the right of persons with family responsibilities to social protection have not gone unnoticed by researchers and are among a number of important theoretical developments in this area. In particular, attention was paid to this issue M. I. Polupanov, V. S. Shaikhatdinov, O. G. Azarova, E. I. Astrakhan, T. I. Ivankina, V. D. Novikov, I. A. Vetukhova, L. B. Kulachok, O. M. Yaroshenko and other lawyers. Target of research – is to analyze the world experience on the right of persons with family responsibilities to social protection and the possibility of its application in Ukraine. Article’s main body. There is still no single international act that establishes standards for the social protection of persons with family responsibilities. In this regard, we can say that the general principles and characteristics relating to social protection of this category of persons, and adopted in order to achieve the optimal level of order in this area of public relations, are governed by a number of international legal acts enshrining fundamental rights persons in the field of social protection and determine the standards of their implementation, the basics of social protection of motherhood as a state that gives the right to care and assistance from the state and society, as well as the principles of social protection of the family to which necessary protection and assistance so that it can fully commit itself to educating the younger generation. Conclusions and prospects for the development. Summing up the above, it was concluded that the study of international documents allowed to determine the degree of their impact on national legislation and sources of social security law. For Ukraine, bringing national legislation in the field of social protection of persons with family responsibilities in line with international standards in this area is an important and necessary step. Therefore, at the current stage of development for Ukraine, the priority is to create a regulatory framework to protect the rights and freedoms of persons with family responsibilities, which would fully meet international standards and ensure the implementation of these rights and provide a mechanism to protect them in case of violation. As for compliance with international standards today, we can note the following: a) in order to create conditions for regulatory and legal support of state policy regarding persons with family responsibilities in Ukraine adopted a number of regulations; b) to promote the gender interests of working men and women, the current legislation of Ukraine has been streamlined in accordance with the main provisions of the ILO Convention 156 on Equal Treatment and Equal Opportunities for Men and Women Workers: Workers with Family Responsibilities
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Mitrović, Ljubinko. "The United Nations Convention on the Rights of the Child and its Importance in the Law of the Republic of Srpska in General, and Particularly in Juvenile Criminal Law of the Republic of Srpska / Konvencija Ujedinjenih nacija o pravima djeteta i njen značaj u pravu Republike Srpske uopšte, a posebno u maloljetničkom krivičnom pravu Republike Srpske." Годишњак факултета правних наука - АПЕИРОН 4, no. 4 (July 30, 2014): 5. http://dx.doi.org/10.7251/gfp1404005m.
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Juvenile criminal law of the Republic of Srpska is a set of legal (and secondary) regulations governing the criminal justice status of juveniles as perpetrators of criminal acts and juveniles as victims, i.e. victims of crime. Certainly, it is a special part of the criminal law of the Republic of Srpska that, due to a number of specific solutions, has assumed the character of an independent legislative and scientific discipline in the Republic of Srpska, as in many modern European countries.The main source of juvenile criminal law in the Republic of Srpska that has primacy in the application against juvenile offenders is the Law on the protection and treatment of children and juveniles in criminal proceedings (passed by the National Assembly of the Republic of Srpska in February 2010, published in the Official Gazette of the Republic of Srpska, number 13/2010; this law was amended at the end of 2013 - amendments to this law have been published in the Official Gazette of the Republic of Srpska, number 61/2013).Certain legal standards set forth in a lot of international legal acts have a special role in the statutory formulation of this branch of the criminal law in all modern countries. The situation is similar in the Republic of Srpska where the international legal standards previously implemented by Bosnia and Herzegovina (and therefore also by the Republic of Srpska as a part of it) were the framework for the creation of the aforementioned legal texts and all bylaws regulating this very important field. In this paper, we will discuss one of the most important international legal documents - the United Nations Convention on the rights of the child.
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Yarmol, L. V. "Legal mechanism for implementation of human rights in Ukraine: state and directions of improvement." Analytical and Comparative Jurisprudence, no. 1 (July 1, 2021): 5–10. http://dx.doi.org/10.24144/2788-6018.2021.01.1.
Full textAbstract:
The article presents a general theoretical description of the legal mechanism for the implementation of human rights.
It is emphasized that the important role in implementing human rights is played by the state, as well as other institutions of society - religious organizations, public organizations, the media, etc., as well as specific people.
It is stated that the social mechanism for implementing human rights includes the following mechanisms: 1) the international mechanism for ensuring human rights; 2) legal (domestic) mechanism for ensuring human rights; 3) the mechanism of ensuring human rights through other social means (moral, religious, etc.).
The concept of the legal mechanism for implementation of human rights as a system of effective legal means (guarantees) for the protection and defense of human rights enshrined in regulations and other sources of law, as well as activities to form legal awareness of the subjects.
The main problems in the field of the legal implementation of human rights in Ukraine are outlined.
The main directions of improving the mechanism of the legal implementation of human rights in Ukraine are formulated:
- enshrining in the Constitution of Ukraine special sections devoted to: 1) guarantees of fundamental human and civil rights and freedoms; 2) the rights of the child and legal guarantees for their provision;
- bringing the provisions of the laws of Ukraine on human rights in line with international human rights standards;
- adopting laws of Ukraine, where there are gaps in the field of regulation of the implementation of certain human rights;
- improving the laws of Ukraine on human rights so that they express the will of the majority or the entire population;
- restricting human rights only in cases specified by law, taking into account the need and expediency for society;
- increasing the level of mutual responsibility of the individual and the state;
- improving procedural and legal mechanisms for implementing human rights;
- increasing the role of the judiciary of Ukraine as the most reliable and effective legal guarantee of human rights protection;
- more effective application by the courts of Ukraine during the consideration of cases of the Convention for the Protection of Human Rights and Fundamental Freedoms and the practice of the European Court of Human Rights as a source of law;
- raising the level of legal awareness of officials and other participants in public and state life;
- more effective legal implementation of the rights of certain categories of people who especially need it in modern conditions (children; socially vulnerable persons, women, etc.);
- more effective legal implementation, first of all, of vital human rights: the right to life, the right to social protection; the right to an adequate standard of living for oneself and one's family; the right to health care, medical assistance; the right to a safe environment for life and health.
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Ebobrah, Solomon, and Felix Eboibi. "Federalism and the Challenge of Applying International Human Rights Law Against Child Marriage in Africa." Journal of African Law 61, no. 3 (July 10, 2017): 333–54. http://dx.doi.org/10.1017/s0021855317000195.
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AbstractFederalism presents a dilemma for the implementation of international human rights law in those African states that operate federal constitutions. Central governments in these states enjoy international legal personality, make treaties and represent their states as parties to those treaties, yet internal legislative competence over some issues regulated by treaty is commonly shared between central and regional governments. Consequently, while central governments bear responsibility for transforming international standards into national law, challenges arise in areas such as the protection of children from child marriage, where they lack exclusive national legislative competence. How have these states managed to implement international law without violating their own constitutions? Applying a comparative approach, this article argues that African federal states have employed two main models to overcome the dilemma, neither of which has been totally effective. Drawing lessons from federal states outside Africa, the article suggests other mechanisms to perfect Africa's two main models.
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Miço, Heliona, and Manjola Zaçellari Lumani. "Legal Aspects of Participation Practices in the Albanian Education Context." Polish Journal of Educational Studies 72, no. 1 (January 1, 2020): 94–108. http://dx.doi.org/10.2478/poljes-2019-0007.
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AbstractThe article aims to provide an analysis of Albanian legislation regarding children’s and parents’ participation in education, by taking into account their respective roles and duties as known in the legal framework, as well as their on-going functional role as participants in practice. This research will analyse Albanian legislation and policies as regards the educational system, shedding light on the steps needed to be taken towards achieving international standards regarding the promotion of the participation of children and parents in education. Albania was under a communist regime, in which parental participation in the educational system was extremely limited and information given to parents was only regarding the progress of their child. After the fall of this monist regime changes did not happen immediately in the Albanian education system. The Convention on the Rights of the Child was one of the first international instruments ratified by the Albanian government focusing on the sanctioning and protection of the rights of the child, in a time when these rights were considered non-existent. Sanctioning the right of the child to express freely his or her own views in various issues where the child’s opinion is necessary requires that Albanian legislation includes the participation of children in every field especially in education. A general principle of the Convention is that the child’s right to be heard be considered as one of the four principles needed for the interpretation of all other articles. Research also demonstrates that effective schools have high levels of children’s and parental involvement. Despite the fact that legal steps have been taken towards recognition of the involvement of children and parents in education creating bodies such as the pupils’ government, school boards, parental councils, and lately the national council of parents, there are still unclear legal ways to implement their participation in the Albanian education system. In order to make participation possible, first and foremost, it is important to provide information regarding school activities, processes and decisions which must be transmitted to the children and parents, by creating routes of communication. This can be achieved by setting up some useful mechanisms that promote children’s and parents’ participation in education.
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Zabiegaj-Zwick, Caroline, Andrew Brown, Marie-Louise Loos, Stewart Cleeve, Marko Nikoloski, and Arjan Bastiaan Van As. "Mechanisms of childhood injury: A novel approach to the terminology." Global Health Innovation 3, no. 2 (November 27, 2020): 1–4. http://dx.doi.org/10.15641/ghi.v3i2.971.
Full textAbstract:
Children have the right to a safe environment and to protection from violence and injury. In addition, state authorities should safeguard the child’s well-being considering the rights and duties of his or her parents, legal guardian, or other legally responsible individuals. Institutions, facilities and services that are responsible for the of children should observe standards of safety, health, staff suitability and competent supervision. This is enshrined in article 3 of the Convention on the Rights of the Child, the most widely ratified convention worldwide with 194 signatory states (Jamal, 2014; United Nations [UN], 1989). The WHO-Lancet Commission report released in February 2020 shows that very few countries have attained the Sustainable Development Goals (SGDs) set out 5 years ago.
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Kałdon, Barbara Małgorzata. "Ochrona dziecka z perspektywy cywilnoprawnej – wybrane zagadnienia." Seminare. Poszukiwania naukowe 2021(42), no. 1 (March 31, 2021): 123–34. http://dx.doi.org/10.21852/sem.2021.1.09.
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Care for the welfare of the youngest family members is one of the main goals of the legislator. A properly functioning family does not require state interference as long as it does not deviate from the generally accepted standards. However, if such a situation occurs, it is necessary to undertake legal mechanisms aimed at restoring the proper functioning of the family. Consequently, various branches of the law regulate instruments to help the family overcome the crisis which it undergoes. The article presents selected areas of civil law child protection referring to such issues as prohibi- tion of using corporal punishment against a minor and the consequences of its violation, other forms of abusing parental authority, as well as the regulation of certain relations between parents and children.
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Noonan, Kathleen G., Charles F. Sabel, and William H. Simon. "Legal Accountability in the Service‐Based Welfare State: Lessons from Child Welfare Reform." Law & Social Inquiry 34, no. 03 (2009): 523–68. http://dx.doi.org/10.1111/j.1747-4469.2009.01157.x.
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Current trends intensify the longstanding problem of how the rule of law should be institutionalized in the welfare state. Welfare programs are being redesigned to increase their capacities to adapt to rapidly changing conditions and to tailor their responses to diverse clienteles. These developments challenge the understanding of legal accountability developed in the Warren Court era. This article reports on an emerging model of accountable administration that strives to reconcile programmatic flexibility with rule‐of‐law values. The model has been developed in the reform of state child protective services systems, but it has potentially broad application to public law. It also has novel implications for such basic rule‐of‐law issues as the choice between rules and standards, the relation of bureaucratic and judicial control, the proper scope of judicial intervention into dysfunctional public agencies, and the justiciability of “positive” (or social and economic) rights.
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Mavrov, Momchil. "INTERNATIONAL PROTECTION OF THE RIGHT OF EQUAL ACCESS TO HEALTH CARE OF PEOPLE WITH DISABILITIES." Knowledge International Journal 28, no. 6 (December 10, 2018): 2057–61. http://dx.doi.org/10.35120/kij28062057m.
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The right to equal access to health care is a fundamental irrevocable right for every person which should be guaranteed in every legal system. It is clear from the established international standards in the field of health that the right of access to healthcare guarantees universal access on an equal basis to really available quality and acceptable health services and health facilities. According to the World Health Organization, access to health services also includes health promotion and disease prevention. In regard to people with disabilities and disadvantaged people, ensuring effective access to healthcare is extremely important, in mind their vulnerability and increased need for moral, social and financial support. The international community has always paid serious attention to the protection of the fundamental rights and freedoms of people with disabilities, especially their health care rights. Evidence for this positive policy is the many legal acts adopted within the United Nations system and within the European Union.The most important of these acts are the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child, the Convention on the Rights of Persons with Disabilities, all adopted by the United Nations, as well as the Charter of Fundamental Rights of the European Union, the European Disability Strategy and other European acts. The listed legal instruments proclaim the right of every person to the highest attainable standard of health and as an element of it is protected and the right to equal access to quality health care for all persons.At the same time with creating an appropriate legal framework to protect the health rights of people with disabilities, specialized bodies have been set up within the United Nations system and within the European Union to monitor and control the implementation of international treaties. This approach of the international community deserves support, as only the introduction of comprehensive and adequate measures could provide for a sufficiently high level of protection of the rights of persons with disabilities, who as full citizens of society should have equal and appropriate conditions for full exercising their subjective health rights, without discrimination on the basis of their disability.
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Khmelyuk, Alona. "STATISTICAL ESTIMATION OF BUYING CAPACITY OF SOCIAL STANDARDS IN UKRAINE." Economic Analysis, no. 28(3) (2018): 116–22. http://dx.doi.org/10.35774/econa2018.03.116.
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Introduction. The preconditions of formation of a socially oriented economy are considered. It is established that the Constitution of Ukraine guarantees citizens the right to social protection. The Law of Ukraine "On State Social Standards and State Social Guarantees" defines legal principles for the formation and application of state social standards and norms. It is noted that the social policy of the state by legislative acts defines such social guarantees as minimum wages, incomes, pensions, social assistance, size of other types of social benefits, which ensure a standard of living not lower than the subsistence minimum. The apriority analysis of dynamic changes of the amount of social guarantees by type has been carried out. It has found out that the use exceptionally of absolute indicators to estimate the standard of living of the population is inappropriate. It is noted that an increase in the dynamics of consumption and income of the population can testify only to the influence of inflationary processes. The algorithm for calculating the purchasing power of social standards and social guarantees in Ukraine has been worked out on the basis of statistical data concerning social indicators of living standards of the population and indicators of the dynamics of price monitoring for socially meaningful goods. It has been established that social payments provide only one-third of total household expenses, while the state's social policy is not aimed at overcoming the poverty and poverty of the Ukrainian population. Purpose. The article aims to analyse the regulatory framework for regulation and size of social standards and statistical analysis of their level in Ukraine, and develop an algorithm for calculating the purchasing power of social benefits: social assistance at birth and child care, pensions and unemployment benefits. Method (methodology). Method of system analysis, methods of causal analysis, index method, table and graphical methods, dynamic series have been used in this research. Results. Theoretical generalization and practical recommendations development of the optimal size of social standards by calculating the actual costs of a household with one child and the purchasing power index of social standards have become the results of the research.
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Smith, George P. "Defective Newborns and Government Intermeddling." Medicine, Science and the Law 25, no. 1 (January 1985): 44–48. http://dx.doi.org/10.1177/002580248502500106.
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Whenever a genetically defective infant is born, a triptych of interests is challenged directly. For such a case not only tests the extent of the natural rights of the parents in making decisions regarding the infant's capacity for qualitative life, but the personal needs or the welfare of the child itself and the nature of the responsibilities of the State in ensuring the welfare of its citizens regardless of age or infirmity. Aggressive posturing by the United States government, through a complex regulatory scheme designed to assure protection of handicapped newborns, has in fact wreaked havoc on the whole decision-making process and assaulted the integrity and privacy of the family decisional unit. While lacking a similar governmental regulatory process of protection in England, the judiciary, nevertheless, has given a strong indication that circumstances may merit respect of parental decisions which preclude aggressive efforts being undertaken to maintain life for such infants. What would be helpful to parents, doctors and judges alike in deciding the gravity of birth impairment and ultimately whether to maintain life or allow it to abate with dignity and mercy would be criteria which would attempt to structure pragmatic medical standards for decision-making.
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Berrick, Jill Duerr, Jonathan Dickens, Tarja Pösö, and Marit Skivenes. "International Perspectives on Child-responsive Courts." International Journal of Children’s Rights 26, no. 2 (May 3, 2018): 251–77. http://dx.doi.org/10.1163/15718182-02602011.
Full textAbstract:
Child friendly justice and access to justice for children are explicit concerns for the European Union, the Committee on the Rights of the Child, the Council of Europe and the Child Rights International Network. This study examines court systems as child-responsive by eliciting the views of judicial decision makers on child protection cases (n = 1,479) in four legal systems (England, Finland, Norway and the USA (represented by California)), based on an online survey. In this paper, we asked judicial officials who have the authority to make care order decisions how they view the child-friendliness of the courts. We presented them with six statements representing standard features of child responsive courts. Findings show that there is considerable room for improving both structure and practice of the court proceedings, for example the use of child friendly language and child-sensitive time frames. There were variations across states, and some variation across type of decision maker. Implications for the development of education and training about the opportunities for children’s engagement are considered.
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Asis, Maruja M. B., and Alan Feranil. "Not for Adults Only: Toward a Child Lens in Migration Policies in Asia." Journal on Migration and Human Security 8, no. 1 (March 2020): 68–82. http://dx.doi.org/10.1177/2331502420907375.
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Executive Summary Having experienced substantial international migration since the 1970s, countries in East, South, and Southeast Asia have developed laws, institutions, policies, and programs to govern various aspects of international migration. Children, however, who comprise a significant share of the world’s international migrants, have not received as much policy attention as adults. Children are part of the region’s international migration experience (e.g., children left behind in the countries of origin when their parents migrate for work, children as migrants, and children as members of multicultural families). This article provides an overview of the challenges faced by children as migration actors, and the policy responses and programs that select countries in the region have developed to address children’s experiences and concerns. The Global Compact for Safe, Orderly and Regular Migration and the Global Compact on Refugees, which many Asian countries have endorsed, set forth objectives, commitments, and actions, informed by the principle of promoting the best interests of the child and child protection, which specifically address the needs of children. These include actions to promote universal birth registration, enhance access to education and health and social services regardless of migrant and legal status, and otherwise create inclusive and socially cohesive societies. Most countries in Asia have yet to meet these standards. Endorsing the two compacts was a first step. The good practices that have been implemented in a number of countries provide a template for how to translate these objectives into action and how to ensure that the full protection and best interests of migrant children, the left-behind children of migrant workers, and those who are part of multicultural families remain a priority.
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Kaymakova, Е. V. "SPECIAL ORDER OF JUVENILE FAMILY RIGHTS PROTECTION: THEORY AND RESEARCH ASPECTS." Proceedings of the Southwest State University 21, no. 4 (August 28, 2017): 165–70. http://dx.doi.org/10.21869/2223-1560-2017-21-4-165-170.
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The article describes theory and research aspects of special order of juvenile family rights protection on the basis of existing family legislation. A key problem in this sphere is child's special legal status in family relations. Every child acts as a subject of these relations and has the right to protect the rights independently in all ways provided not only according to the Family code of the Russian Federation (further - the IC RF) but also using different ways specified in other laws. Traditionally there are two main forms of juvenile protection - jurisdictional and not jurisdictional. The main form of juvenile protection is jurisdictional: general (or judicial) and special (or administrative) protection acts. The author analyzed standards of the Family code of the Russian Federation and the Civil Code of the Russian Federation, the Federal law "About children’s welfare", the Federal law "About Prosecutor's Office of the Russian Federation", the Decree of the President "About children’s rights ombudsman of the Russian Federation ". The author also studies scientific works of the leading Russian scientists in the field of family law. During the research the author draws a conclusion that administrative protection of juvenile family rights in the Russian Federation has legislative solution. At the same time, it is necessary to recognize that achievement of native law and order is the right for judicial protection proclaimed by the Constitution of the Russian Federation in 1993. It states the availability of justice to any person and restriction inadmissibility to appeal to the court.
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Wakefield, Lorenzo. "The CRC in South Africa 15 years on: does the new Child Justice Act 75 of 2008 comply with international children’s rights instruments?" Northern Ireland Legal Quarterly 62, no. 2 (March 10, 2020): 167–82. http://dx.doi.org/10.53386/nilq.v62i2.414.
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Article 40 of the United Nations Convention on the Rights of the Child requires states parties to take appropriate measures to ensure that children accused of committing offences are treated in a manner that would ensure that their best interests are upheld. South Africa ratified the CRC in 1995, the provisions of which have influenced the children’s rights clause in its 1996 Constitution. Section 28(1)(g) of the Constitution stipulates that children may not be detained, except as a measure of last resort and, should they be detained, it should be for the shortest appropriate period of time. Section 28(1)(g) goes further to give domestic effect to the following guarantees stipulated in Article 40 of the CRC: (1) the right to be treated in a manner, and kept in conditions, that take account of the child’s age; and (2) to have a legal practitioner assigned to the child. Recently, SA has enacted its Child Justice Act 75 of 2008, which came into operation on 1 April 2010. The question to be covered in this article is whether this Act truly complies with the international standards set by the CRC (15 years after SA ratified it); the general comments by the United Nations Committee on the Rights of the Child and other non-binding, yet persuasive instruments like the Standard Minimum Rules on the Administration of Juvenile Justice and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty. This article only examines four aspects of the Child Justice Act, being: criminal capacity; pretrial release and detention; diversion; and sentencing. It concludes that, but for a few technical aspects of the Child Justice Act, SA took significant steps to comply with its international obligations when it domesticated the CRC in relation to children who commit offences.
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Kalich, Lisa, Blake D. Carmichael, Tiffany Masson, and Dawn Blacker. "Evaluating the Evaluator: Guidelines for Legal Professionals in Assessing the Competency of Evaluations in Termination of Parental Rights Cases." Journal of Psychiatry & Law 35, no. 3 (September 2007): 365–97. http://dx.doi.org/10.1177/009318530703500307.
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Over the past two decades, the court has begun to rely increasingly upon the opinions of mental health professionals in deciding questions of parental fitness. Despite the value placed on psychologists' evaluations and testimony, there is little guidance for judges and other legal professionals with regard to determining whether an evaluation is competent or useful. Given the heavy burden that accompanies severing the relationship between a child and his or her biological parent, the need for competent and comprehensive evaluations is paramount. Thus, the focus of this article is to provide specific recommendations for legal professionals with regard to assessing the competency of termination of parental rights (TPR) evaluations. Utilizing the American Psychological Association's (APA) Procedural Guidelines for Psychological Evaluations in Child Protection Matters (American Psychological Association, 1998) as a guide, common flaws in evaluations, as well as best practice techniques, are identified and discussed. By providing legal professionals with increased awareness and knowledge of the components of a competent TPR evaluation, it is expected that the best interests of families in these cases will be better served and that psychological professionals will be held to a high standard of competence.
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Klajn-Tatic, Vesna. "Current problems regarding abortion, prenatal genetic testing and managing pregnancy." Stanovnistvo 49, no. 1 (2011): 33–52. http://dx.doi.org/10.2298/stnv1101033k.
Full textAbstract:
Current ethical and legal issues with regard to abortion, prenatal genetic testing and managing pregnancy are discussed in this paper. These problems are considered from the legal theory point of view as well as from the standpoint of the Serbian Law, the European Convention for the Protection of Human Rights and Fundamental Freedoms, European Court of Human Rights, legal regulations of several EU countries, the USA, Japan, and their judicial practice. First, the pregnancy termination standards that exist in Serbia are introduced. Then the following issues are explained separately: the pro life and pro choice approaches to abortion; abortion according to the legal approach as a way of survival; the moral and legal status of the fetus; prenatal genetic testing, and finally matters regarding managing pregnancy today. Moral and legal principals of autonomy, namely freedom of choice of the individual, privacy and self-determination give women the right to terminate unwanted pregnancies. In addition, the basic question is whether the right of the woman to abortion clashes with the rights of others. Firstly, with the right of the "fetus to life". Secondly, with the right of the state to intervene in the interest of protecting "the life of the fetus". Third, with the rights of the woman?s partner. The fetus has the moral right to life, but less in relation to the same right of the woman as well as in relation to her right to control her life and her physical and moral integrity. On the other hand, the value of the life of the fetus increases morally and legally with the maturity of gestation; from the third trimester, the interest of the state prevails in the protection of the "life of the fetus" except when the life or health of the pregnant woman are at risk. As regards the rights of the woman?s partner, namely the husband?s opinion, there is no legal significance. The law does not request his participation in the decision on abortion because the decision is exclusively brought by the pregnant woman. Critics of prenatal genetic testing claim that the woman?s autonomous choice is seriously prejudiced, as the women are pressured first with genetic testing and then with abortion, if the test is positive. However, there are views that many parents are left to bring their decisions in a vacuum because the physicians do not discuss all possible available options with them out of fear that they will be perceived as orders. Genetic counseling has an aim to facilitate informed reproductive decisions. Rigid application of policies on non-directive genetic counseling make pregnant women and families unaware of the nature and consequences of the genetic state which could affect the future child. If the real goal is an informed choice then it is the obligation of the physician-specialist to inform the parents with the facts and familiarize them with the true state. Managing pregnancies today medicalizes and pathologizes all pregnancies, and not only the risky ones. Since these techniques are becoming a routine part of medicalized pregnancy managing, pregnant women find it difficult to resist undertaking such technologies or to refuse them. Thus the question on how much these technologies offer sensible choices is imposed. Generally speaking, it is stated that women are becoming observers rather than active participants in giving birth to a new life. Attempts of legal control over a pregnant woman for the protection of "the life of the fetus" violate the woman?s human rights in democratic societies.
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Subekti, Rika Putri. "Urgensi Ratifikasi Konvensi International Labor Organization: Perspektif Perlindungan Pekerja Anak Pada Sektor Rumah Tangga." Jurnal Magister Hukum Udayana (Udayana Master Law Journal) 7, no. 1 (May 28, 2018): 24. http://dx.doi.org/10.24843/jmhu.2018.v07.i01.p03.
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The issue of domestic worker has not become governor of Indonesia policy priorities. This can be seen from the lack of a structure for the comprehensive and lack of regulations that provide solutions, as well as lack of supporting structure of the implementation. The Act of Manpower is not regulating specifically on the protection of domestic workers, especially for children. International Labor Organization Convention Number 189 concerning Decent Works for Domestic Worker, regulates the protection of domestic workers all over the world, however, Indonesia has not ratified this convention yet. This research is normative legal research that using statute and conceptual approach. Data collection techniques used in this study is literature study. The results of the study indicate that the regulation on the protection of child laborers employed as a domestic worker in Indonesia has not been regulated separately so that in the case of legal protection is not sufficient, in the case of law enforcement in case of violation of the law on the rights of the child. The urgency for the Government to immediately ratify ILO Convention No. 189 on Decent Work of Domestic Workers in order to establish a standard of employment for domestic workers as an effort to realize protection for domestic workers in general and for child domestic workers in particular. It is important for government to carry out the National Action Plan for the Elimination of the Worst Forms of Child Labor (RAN-WFCL) to prevent and eliminate the worst forms of child labor.
Isu tentang Pekerja Rumah Tangga (PRT) belum menjadi suatu prioritas kebijakan pemerintah Indonesia. Hal ini terlihat dari belum adanya suatu struktur regulasi yang komprehensif dan solutif, disertai struktur pendukung dalam tataran implementasinya. Ketentuan Undang-Undang tentang Ketenagakerjaan belum mengatur secara khusus mengenai perlindungan terhadap pembantu rumah tangga khususnya bagi anak-anak. Namun telah ada konvensi internasional yang mengatur secara khusus tentang Pekerja Rumah Tangga (PRT) yaitu Konvensi ILO Nomor 189 tentang Kerja Layak Pembantu Rumah Tangga. Konvensi ini merupakan perlindungan bagi pembantu rumah tangga di seluruh dunia. Namun, hingga saat ini Indonesia belum meratifikasi konvensi tersebut. Jenis Penelitian ini adalah jenis penelitian hukum normatif. Jenis pendekatan yang digunakan adalah pendekatan perundang-undangan dan pendekatan konseptual. Teknik pengumpulan data yang digunakan dalam penelitian ini adalah studi kepustakaan. Hasil Penelitian menunjukan bahwa pengaturan tentang perlindungan pekerja anak yang dipekerjakan sebagai pembantu rumah tangga di Indonesia belum diatur secara khusus sehingga dalam hal perlindungan hukum belum memadai. Urgensi bagi Pemerintah untuk segera meratifikasi Konvensi ILO Nomor 189 tentang Kerja Layak PRT dalam rangka menetapkan suatu standard ketenagakerjaan bagi PRT sebagai upaya mewujudkan perlindungan bagi PRT secara umum dan bagi PRT Anak pada khususnya. Upaya Pemerintah dalam mewujudkan perlindungan terhadap PRT Anak adalah dengan melakukan Rencana Aksi Nasional Penghapusan Bentuk-Bentuk Pekerjaan Terburuk Bagi Anak (RAN-BPTA) yang bertujuan untuk mencegah dan menghapus bentuk-bentuk pekerjaan terburuk untuk anak.
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TODOROVA, Biljana, and Makedonka RADULOVIC. "Some Aspects of The Social Security System in The Republic of North Macedonia During Coronavirus Pandemic." PRIZREN SOCIAL SCIENCE JOURNAL 5, no. 1 (April 29, 2021): 86–89. http://dx.doi.org/10.32936/pssj.v5i1.204.
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The 2020 coronavirus pandemic has lead North Macedonia into a serious social and economic crisis. The paper discusses the impact of the coronavirus pandemic on the formulation of the national social security policy and legal framework, in line with international standards based on human rights treaties. Crucial social security measures in the country particularly give the pressure on health protection, unemployment, family and child support. The evaluation will focus on the adopted and new policy measures for social security. An important question is does the North Macedonian social security system is well established to protect workers from social risks during a pandemic. Due to the COVID-19 pandemic, some workers who lost jobs might rely on unemployment compensation. So, the focus of this paper is on the challenges of the social security system from large-scale disruptions such as COVID-19. The paper ends with a summary of the main policy measures and an outlook where further research is needed. It concludes that during and after the pandemic the social security policy will be more important than ever.
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الشواني, نوزاد. "((جرائم العنف الجنسي ضد الأطفال ((دراسة مقارنة." Al-Kitab Journal for Human Sciences 1, no. 1 (October 3, 2020): 157–94. http://dx.doi.org/10.32441/kjhs.01.01.p12.
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The child is the bud of life and the right of life in this life is a fundamental right, from which several rights are protected and surrounded by safety until he reaches the age that makes him physically, mentally and psychologically qualified to take over his duties and his duties towards his society and the direction of others.The rights of the child to protection have been little or significant since the inception of the first human being. However, the need for development and the protection of the human race that human senses have begun to create different rights for the child do not in themselves constitute real protection for them . Until it culminated in the era of Islamic light, which embodied the highest forms of protection for this sensitive vulnerable group in society. Voices from around the world called on States to actively intervene through criminal texts to ensure the child's right to be protected from ill-treatment, especially after the international community has issued numerous international instruments and declarations dealing with the rights of the child. The most important of these are the 1989 Convention on the Rights of the Child, On the life and development of the child as well as the preservation of his identity and his right to education, health and comfort and to have a standard of living adequate for its growth as well as protect it from exploitation and all kinds of violence. Sexual violence against children involving a child under the age of 18 years, rape or exploitation of sexual activity is not fully understood and can not be granted. The conduct of the offender is contrary to the laws, customs, traditions and customs of the community. The child's physical and mental health, mental, psychological and social well-being are seriously jeopardized. The child is characterized by weak physical strength and poor mental abilities. Therefore, the international system should have called upon the ratifying States to protect the rights that have been adopted in favor of the child With special criminal provisions to protect him from crimes of sexual violence.Sexual violence against children constitutes a grave violation of the rights of the child. It represents a global reality in all countries of the world, but it has become a real phenomenon of concern especially in recent times and in some countries such as Iraq, Syria, Libya and other countries that have become visible as a result of war, displacement, The other reasons, and this calls for immediate treatment through the intervention of the criminal law in most of the world, including Iraqi and Syrian law, the subject of our research, to criminalize these acts protect a range of rights and interests, including: the protection of the right to sexual freedom of the female, The protection of the family entity from collapse and the protection of the offspring from mixing and protecting the social entity from the scourge of moral corruption, and immunization of society from sexual and reproductive diseases. At the national and international levels, this law prohibits any activity that takes the form of rape, sodomy, sexual harassment, sexual exploitation in prostitution or pornographic material Since the Criminal Code is one of the most widely used instruments of the State to protect the legal status of persons and to protect human rights from potential attacks and the conviction of the Iraqi and Syrian legislators of the importance of repudiation and punishment in protecting vulnerable parties within society, for example, their legislation included significant repudiation provisions that criminalize any act or omission May result in a form of sexual violence against children.Thus, by extrapolating the texts of the criminal law of both Iraq and Syria, as well as some of the texts contained in other laws or independently, our research entitled "Sexual Violence Against Children" focused on a scientific plan consisting of two subjects: In the second, I refer to the types of crimes that sexual violence against children has included and we deal with successively and through three demands. First we address the crime of rape and homosexuality. In the second child to indecent assault against the child crime and in the third to the crime of sexual exploitation against children and Khtmana We discussed with the most important conclusions and recommendations
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Putri, Prima Maharani. "The Legal System Application Affect Factors in Preventing HIV / AIDS Transmission in Bali." Kosmik Hukum 21, no. 1 (February 5, 2021): 10. http://dx.doi.org/10.30595/kosmikhukum.v21i1.9704.
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The issue of HIV/AIDS as a human rights issue in relation to public health has in principle become a topic of conversation in international public health law. In 1946, the World Health Organization (WHO) proclaimed that the highest success of a goal of public health standards was success in the treatment of HIV/AIDS as a fundamental issue of human rights. According to the last data of November 2019, Bali was ranked in the top five cases of HIV/AIDS with the number of PEOPLE with HIV/AIDS reaching 22,034 people. Of the number of cases nationally, Bali ranks number five after DKI Jakarta and West Java, even if reviewed from the average percentage compared to the population, Bali ranks in the top two nationally after Papua. The data when compared to the previous two years data is very different, where in 2017, Bali is still ranked sixth nationally. This article reviews Factors that affect the application of the legal system in preventing the transmission of HIV / AIDS in Bali Province. This research is a normative juridical research. Designed using the statute approach and conceptual approach. The results showed that Factors that affect the application of the legal system in preventing the transmission of HIV / AIDS in Bali Province are Multi-interpretation due to conflict norms in various cases about HIV/AIDS in Indonesia.. However, it needs Immediately formulate improvements or spelled out in the Regulation of the Governor of Bali to be more synergistic fundamentally in terms of HIV/AIDS Prevention, especially its transmission management and elimination namely to The Regional Regulation of Bali Province No. 6 of 2014 on Child Protection; Local Regulation of Bali Province No. 4/2019 on Indigenous Villages and Local Regulations of Bali Province No. 3/2006 on HIV/AIDS Prevention, as well as adjusting the Laws and Regulations on it.Keywords: HIV/AIDS, Legal System Application, Bali
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Tomaselli, Alexandra. "Natural Resources Claims, Land Conflicts and Self-Empowerment of Indigenous Movements in the Cono Sur – The Case of the Mapuche People in Chile." International Journal on Minority and Group Rights 19, no. 2 (2012): 153–74. http://dx.doi.org/10.1163/157181112x639069.
Full textAbstract:
Environmental protection and the struggle over natural resources have long been of major concern for indigenous peoples all over Latin America. Notwithstanding the increasing incisiveness of international indigenous rights standards, indigenous peoples have still very limited access to natural resources, or to benefits deriving from them. Nonetheless, the recent ratification by Chile of the ILO Convention No. 169 is having a remarkable, positive impact. In 2009, the Court of Appeal of Temuco and the Supreme Court of Chile blocked a logging exploitation in indigenous territories (Machi Francisca Lincolao v. Forest Enterprise Palermo, sent. 1773-2008 dated 16 September 2009, confirmed by the Supreme Chilean Court on 30 November 2009, sent. 7287-2009) applying the ILO Convention No. 169. Other similar cases followed. These and other actions put forward by indigenous peoples’ movements in Chile, especially Mapuche, seem to be a direct consequence of an increasing awareness of indigenous peoples’ rights and the possibility to raise their voice and be heard within the civil society and at the international level. All the frustration against a legal system which is not responding to indigenous peoples’ demands is now flowing into new movements. This article, therefore, seeks to analyze the impact on indigenous peoples’ movements and the rise of new conflicts linked to the claims over natural resources and land rights in current Chile. The aim is thus to illustrate the interrelation between the Chilean inadequate legal framework, and the claims, conflicts and the self-empowerment of indigenous movements also in the Cono Sur.
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Pearson, Kim. "Children Are Human." Texas A&M Law Review 8, no. 3 (May 2021): 495–536. http://dx.doi.org/10.37419/lr.v8.i3.2.
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There are great benefits to be had should the United States, one of the global leaders in economic strength and political power, ratify the United Nations Convention on the Rights of the Child (“CRC”). The mystery of the United States’s ultimate reluctance to ratify the CRC, despite the nation’s central role in the drafting process, has been interrogated for years. Scholars and policy- makers have developed compelling narratives regarding obstacles to the United States’s ratification and implementation of the CRC. However well- reasoned the arguments for ratification are, there has been little progress in persuading the United States to ratify the CRC. While the work toward ratification should continue on every level, informal implementation before ratification would be advantageous and in line with historical methods of reform in the United States. One area that has been over- looked to the advantage of minority and vulnerable populations is domestic relations courts in the United States. In the United States, children’s rights advocacy work should be conducted like cause advocacy for historically disfavored groups to achieve legal recognition and protection of their rights. For example, parenting equality efforts were primarily focused on creating change in individual courts over time, allowing advocates to teach judicial officers and other legal decision-makers about positive outcomes for children of lesbian and gay parents while dispelling myths, misperceptions, and negative stereotypes about sexual minorities. Similarly, other disfavored parents, like working mothers, religious, and racial minorities, have used individual court cases to advocate and educate until new, progressive norms are adopted as national standards. Advocates for children’s rights should adopt institutional change theory and tailor cause advocacy efforts to implement the CRC principles in local domestic relations courts. Focusing on change from within institutions may shift legal norms more quickly, so children are recognized as fully human and thus rights holders in the United States, rather than relying on external legislative changes.
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Prahassacitta, Vidya. "The Concept of Extraordinary Crime in Indonesia Legal System: is The Concept An Effective Criminal Policy?" Humaniora 7, no. 4 (October 30, 2016): 513. http://dx.doi.org/10.21512/humaniora.v7i4.3604.
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The concept of extraordinary crime was a common concept in Indonesia. Adopts from the concept of the most serious crime in Rome Statute and adjusted with the Indonesian legal system. Then it developed wider and introduced into terrorism, corruption, drug abuse offenses, and child sexual abuse in legislations and Constitutional Court verdicts. The implementation of this concept generated some consequences in drafting and formulating the legislation as part of penal policy. This leads to two legal problems; first, what was the categorization of the concept of extraordinary crime? and second, what were the consequences of the concept extraordinary crime in accordance with penal policy?. Normative law research with literature study method, This was a conducted as the response of both legal problems. Using secondary data from legislation, Constitutional Court verdicts, book and journal, this research concludes that; the concept of extraordinary crime parts of criminal policy does not have any standard for the categorization. Then, as consequences of the implementation of the concept of extraordinary crime in several penal efforts are formulating in legislations. The penalty effort is not limited to criminalization and sentencing aspects but wider and shall be in line with the strategy of crime eradication and welfare protection purposes. To reach the effectiveness of the criminal policy of the concept of extraordinary crime, the penalty effort shall be in line with criminal law principles and human right basic principles.
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Akbar, Achmad Ardiansyah. "CORPORATE LIABILITY ON THE CRIME OF PRODUCING, DISTRIBUTING, AND UTILIZING NON-STANDARD VACCINES." Hang Tuah Law Journal 1, no. 2 (June 4, 2018): 180. http://dx.doi.org/10.30649/htlj.v1i2.27.
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<p>Immunization is a mandatory program by government for every child in Indonesia. In 2016, however, the vaccine used for children’s immunization was found under standardized or unqualified. It was mixed with particular substances which might lead the users into some allergies, minor or severe injuries, trauma, and even danger their lives. Parents certainly fully entrusted their children’s immunization to the competent. The crime of producing, distributing, and using non-standard vaccines involved many parties both individuals and corporations, ranging from the task of producing, distributing, and up to injecting the vaccines into children. With the enormous profits of the crime, however, only private parties were sued while the corporations were still free from any accusation and thus, it made them have potential chances to redo such crime, violating medical laws, consumer protection laws, Money laundering legislation, and up to brand and geographical indications.</p><p>This study was a legal research with statute and conceptual approaches. It aimed to investigate the provisions of producing and distributing non-standard vaccines by corporations and to analyze their liability on such crime. The results, conclusions, suggestions, and recommendations for the problem were discussed.</p>