Academic literature on the topic 'Parent and child (Law) Human rights'

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Journal articles on the topic "Parent and child (Law) Human rights"

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Rajska, Dagmara,. "Parent-Child Relationship Cases Before the ECtHR." SocioEconomic Challenges 4, no. 1 (2020): 36–64. http://dx.doi.org/10.21272/sec.4(1).36-64.2020.

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This paper summarizes the arguments and counterarguments within the scientific discussion on the issue of choosing between Article 6 (Right to a fair trial) or/and Article 8 (Right to family life) of the European Convention on Human Rights (hereafter ‘ECHR’) when being applied by the European Court of Human Rights (hereafter ‘ECtHR’) in parent-child relationship cases. The main purpose of this research is to understand these provisions and their interplay. There is no particular systematization of literary sources and approaches for solving this problem because it is new. The analysis of appli
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Шелютто, Марина, and Marina SHyelyutto. "POSTHUMOUSLY CONCEIVED CHILDREN: DETERMINATION OF PARENTAGE AND INHERITANCE RIGHTS." Journal of Foreign Legislation and Comparative Law 2, no. 4 (2016): 0. http://dx.doi.org/10.12737/21253.

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The possibility to store sperm and to produce embryos in vitro has made it possible for a child to be conceived after the death of one or even both of the child’s parents and the number of posthumous conceptions has increased in recent decades around the world. Posthumous reproduction raises a complex of legal issues: has someone the right to harvest sperm from a dead man body and to use cryopreserved sperm, embryos or eggs to conceive a child after the death of his (her) genetic parent, can posthumously conceived child have legal tie with such a parent and inherit from his (her) parent? These
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Cvejić-Jančić, Olga. "Reform of Serbian family law." Glasnik Advokatske komore Vojvodine 78, no. 9 (2006): 3–31. http://dx.doi.org/10.5937/gakv0602003c.

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This paper examines solutions introduced by the new Serbian Family Act. It underlines the fact that the law significantly took in consideration European and international conventions and opinions of the European Court of Human Rights in family law matters. The Court practice will decide whether the equal treatment of the common law marriage and marriage in respect of requirements for their recognition is the best solution at this particular moment. The problem may be solved by equal treatment of the "illegal" common law marriage with invalid marriage. Important novelties have been introduced i
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Novenanty, Wurianalya Maria. "Between Human Rights and Justice Principle in Children’s Civil Rights." MELINTAS 32, no. 2 (2017): 132. http://dx.doi.org/10.26593/mel.v32i2.2675.132-147.

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Children’s rights are fundamental in a country. Children are the future generation of a country. They have rights in civil law field. The examples of such rights are the right to have family name, the right to get alimony, and the right to get inheritance from the parents. Indonesian Law Number 1 of 1974 regarding Marriage (Marriage Law) distinguishes the civil rights of legitimate and illegitimate children. In 2010, the Indonesian Constitutional Court produced a decision which became a controversial decision because it was deemed to ‘legalize’ illegitimate child to have the same rights as leg
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Bainham, Andrew. "TAKING CHILDREN ABROAD: HUMAN RIGHTS, WELFARE AND THE COURTS." Cambridge Law Journal 60, no. 3 (2001): 441–92. http://dx.doi.org/10.1017/s0008197301371192.

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One of the more drastic results of marital breakdown can occur where a mother decides to leave the country permanently and relocate with a child. Such cases can pose an acute dilemma where, as in Payne v. Payne [2001] 1 F.L.R. 1052, the father has enjoyed substantial contact with the child which is bound to be severely curtailed (if not entirely destroyed) by the mother’s relocation on the other side of the world. Here the mother, a New Zealander, had been ordered by a New Zealand court to return the child to England, following her “wrongful retention” there, under the Hague Convention which g
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Lahaling, Hijrah. "Fulfill the Basic Rights of Indonesian Migrant Workers' Children in the Human Rights Perspective." Musamus Law Review 2, no. 2 (2020): 76–105. http://dx.doi.org/10.35724/mularev.v2i2.3014.

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The fulfillment of the basic rights of children of Indonesian Migrant Workers (PMI) left by their parents to grow and develop has not been optimally fulfilled either physically, mentally, psychologically, or socially. The right to fulfill the children of Indonesian migrant workers includes the right to survival, the right to education and the right to health. Neglect of the fulfillment of these rights is not yet fully in accordance with the 1945 Constitution of the Republic of Indonesia, Convention on the Rights of the Child, Law No. 6 of 2012, and Law No. 35 of 2014. This will certainly endan
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Keene, Alex Ruck, and Xinyu Xu. "Case Comment: Re D (A Child) [2019] UKSC 42." Medical Law Review 28, no. 3 (2020): 595–604. http://dx.doi.org/10.1093/medlaw/fwaa007.

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Abstract How (if at all) can the right to liberty of a child under Article 5 European Convention on Human Rights (‘ECHR’) be balanced against the rights of parents, enshrined both at common law and under Article 8 ECHR? Is there a limit to the extent to which parents can themselves, or via others, seek to impose restrictions upon their disabled child’s liberty so as to secure their child’s interests? This case considers the answers to these questions given by and the implications of the decision of the Supreme Court in September 2019 in Re D (A Child) [2019] UKSC 42.
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Kuswanti, Etik, and Akhmad Khisni. "Juridical Review Of Agreement And Adoption Law Due For Adopted Children When Adopted Parent Lift Divorce." Jurnal Akta 5, no. 3 (2018): 783. http://dx.doi.org/10.30659/akta.v5i3.3258.

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Kids are important in human life, a lot of people who are expecting the presence of children as successor descent but some have not given credence to be given the baby. Adoption is an alternative to get around this problem. One polemics are legal consequences for adopted children when the father of the foster mother divorced. This study aims to determine hadhanah for adopted children when the father of the foster mother divorced. This research using normative juridical approach, ie an approach based on the decision of the Supreme Court, law and jurisprudence. The results show that the Islamic
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Grzejdziak-Przybyłowicz, Agnieszka. "Prawo do nauki. Prawa dziecka-ucznia." Studia Prawa Publicznego, no. 4(20) (December 4, 2019): 95–126. http://dx.doi.org/10.14746/spp.2017.4.20.4.

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The subject matter of this article was the right to education with a particular regard to the rights of the child being a pupil and his/her right to personal treatment in the teaching and the whole educational process, the right to the open and motivated assessment of the progress in learning, the right to impact the school life via local government activities, as well as the right to the freedom of conscience and religion, and the right to recognise and preserve the national identity in the teaching process. The issue of pupil’s responsibilities, and in particular compulsory schooling and com
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Shapira, Ron. "Disciplinary Measures against Minors as Justification in Criminal Law." Israel Law Review 30, no. 1-2 (1996): 161–70. http://dx.doi.org/10.1017/s0021223700015028.

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In this era of increasingly extensive legal regulation of human behavior, there is one type of human conduct which seems almost unpermeable to legal regulation: the education of children. The problematics of exercising educational or disciplinary powers against children concern a variety of situations, including the prima facie infringements of many personal rights of children. The most typical limitation of the rights of children by disciplinary measures is, of course, corporal punishment, that is, by actual chastisement conducted by a parent, a guardian, a schoolteacher or any other adult re
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Dissertations / Theses on the topic "Parent and child (Law) Human rights"

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Van, der Linde Anton. "Grondwetlike erkenning van regte ten aansien van die gesin en gesinslewe met verwysing na aspekte van artikel 8 van die Europese Verdrag vir die beskerming van die regte en vryhede van die mens (Afrikaans)." Thesis, Pretoria : [s.n.], 2001. http://upetd.up.ac.za/thesis/available/etd-02172010-104239/.

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September, Jerome. "Children's rights and child labour: a comparative study of children's rights and child labour legislation in South Africa, Brazil and India." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/9175.

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Includes bibliographical references.<br>This dissertation will, through the analysis of various pieces of legislation and taking account of the daily realities of children in South Africa, Brazil and India (IBSA), outline the progress made to reduce and eradicate the exploitation of children, through the elimination of child labour. These three countries are chosen because of the particular challenges they face, but also because as part of the IBSA group, they have committed themselves to working together in the advancement of key international matters, including issues of human rights and soc
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Carolan, Sean Anthony Joseph. "Parent, teacher and child perceptions of human rights education : a primary school study." Thesis, University of Birmingham, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.393818.

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Mudimu, Godknows. "Reparations and child soldiers in Africa: the legal regime of reparations for former child soldiers under the Rome Statute of the International Criminal Court." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15203.

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The involvement of children to fight in armed conflicts remains one of the main challenges towards the full realization of children's rights on the African continent. Despite a substantive legal framework affording protection and prohibiting the enlisting and recruitment of child soldiers, this practice remains prevalent in many parts of Africa particularly in the Great Lakes Region. As a result of their childhood and the traumatic events they are exposed to during armed conflicts, children inexorably suffer from many forms of harm including physical, mental and psychological harm. Addressing
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Mkali, Theodora Talumba. "Children's rights and girl child marriages : a case study for Malawi." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20810.

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The harmful traditional practice of child marriage remains one of the main challenges towards the full realization and enjoyment of children's rights in Africa. In the sub-Saharan Africa alone, countries such as Malawi are faced with the problem of child marriage where as high as 40% of the women are married as children. Malawi has a substantive legal framework that affords protection and prohibits the harmful practice of child marriage. However, child marriages remain prevalent in Malawi where harmonisation of the laws is problematic. This has the effect of robbing the girl child of her child
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Portellas, Laverne Fleur. "A critical analysis of child trafficking laws and policies in South Africa." Master's thesis, University of Cape Town, 2011. http://hdl.handle.net/11427/12665.

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Includes bibliographical references.<br>The trafficking of children has been recognised by the international community as a transnational organised crime that affects children globally. As the child rights movement has grown in momentum over the last few decades, so has the concern regarding the exploitation of children. Child trafficking is certainly one of the gravest forms of abuse currently perpetuated against a child and his/her rights. Despite the numerous policy documents, international treaties and various other legal documents prohibiting the sale of children for any purpose; these do
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Enoh, Adamson Akule Junior. "Child soldiers and international law in the Darfur Region of Sudan: does conflict transformation offer a solution?" Thesis, University of the Western Cape, 2008. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_4517_1260186142.

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<p>The aim of this research is to ask questions as to why child right laws for the protection of child soldiers have failed to protect children in the Darfur region of Sudan despite the<br /> fact that Sudan is a member to many of these children&rsquo<br>s rights instruments. Can conflict transformation therefore be of any help? This is research seeks to address the question posed above.</p>
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Walz, Alexa. "The human rights responsibilities of host states in relation to child marriages involving refugees, a study of European responses to the European refugee crisis." Master's thesis, Faculty of Law, 2019. http://hdl.handle.net/11427/31301.

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Child marriage is defined as a marriage or informal union in which one of the spouses is under the age of 18. It is a widespread form of gender-based violence rooted in gender inequality, religious and cultural beliefs, and traditions. The practice is often associated with poverty, lack of education, domestic violence, and early pregnancy which entails serious health implications for girls. In times of armed conflict, child marriage frequently occurs as a coping strategy due to an increase of poverty and security threats. Ongoing crises in the Middle East and Africa have brought hundreds of th
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Swart, Sarah Jean. "Unaccompanied minor refugees and the protection of their socio-economic rights under human rights law." Diss., University of Pretoria, 2008. http://hdl.handle.net/2263/8093.

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The main objective of this study is to investigate the practical treatment of Unaccompanied Minor Refugees (UMR) in Ghana and South Africa, and to explore whether such treatment is in accordance with existing international norms and standards for the protection of refugee children. The study will focus on the realisation of children’s socio-economic rights in order to measure treatment. This study also seeks to address the obstacles which prevent the full and proper treatment of UMR, and to make recommendations as to how the international community can better regulate the treatment of UMR. In
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Kassan, Daksha Gaman. "How can the voice of the child be adequately heard in family law proceedings." Thesis, University of the Western Cape, 2004. http://etd.uwc.ac.za/index.php?module=etd&amp.

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Child participation and the right of children to be heard in matters that directly affect them, including in judicial and administrative matters, is a right that is entrenched in a number of international and regional instruments. This right is also entrenched in the South African Constitution that provides for children to be legally represented, at State expense, in civil proceedings affecting them and this includes divorce proceedings. However, this constitutional right is limited to those circumstances where a substantial injustice would otherwise result should such legal representation not
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Books on the topic "Parent and child (Law) Human rights"

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Newton, Judith Sperling. Voluntary termination of parental rights and adoption: A practical handbook for judges, lawyers, and human services providers. 2nd ed. State Bar of Wisconsin CLE Books, 2009.

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Newton, Judith Sperling. Voluntary termination of parental rights and adoption: A practical handbook for judges, lawyers, and human services providers. 2nd ed. State Bar of Wisconsin CLE Books, 2009.

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Newton, Judith Sperling. Voluntary termination of parental rights and adoption: A practical handbook for judges, lawyers, and human services providers. CLE Books, State Bar of Wisconsin, 1990.

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Sperling-Newton, Judith. Voluntary termination of parental rights and adoption: A practical handbook for judges, lawyers, and human services providers. 2nd ed. State Bar of Wisconsin CLE Books, 2009.

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Newton, Judith Sperling. Voluntary termination of parental rights and adoption: A practical handbook for judges, lawyers, and human services providers. 2nd ed. State Bar of Wisconsin CLE Books, 2009.

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Morrissey, James M. Rights and responsibilities of young people in New York: A legal guide for human service providers. The Association, 1990.

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Waltz, Julie A. Artificial insemination and the unmarried woman: Legal rights and responsibilities. Opportunity Press, 1987.

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Foundational facts, relative truths: A comparative law study on children's right to know their genetic origins. Intersentia, 2009.

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Blauwhoff, Richard J. Foundational facts, relative truths: A comparative law study on children's right to know their genetic origins. Intersentia, 2009.

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Kedrowski, Karen M. Breastfeeding rights in the United States. Praeger Publishers, 2008.

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Book chapters on the topic "Parent and child (Law) Human rights"

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Gaffney-Rhys, Ruth. "International Law and Child Marriage." In International Human Rights of Women. Springer Singapore, 2018. http://dx.doi.org/10.1007/978-981-10-4550-9_17-1.

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Gaffney-Rhys, Ruth. "International Law and Child Marriage." In International Human Rights of Women. Springer Singapore, 2019. http://dx.doi.org/10.1007/978-981-10-8905-3_17.

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Sanghera, Gurchathen. "Child Labor, International Law, and Multinational Enterprises." In International Human Rights of Children. Springer Singapore, 2018. http://dx.doi.org/10.1007/978-981-10-4184-6_22.

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Khazova, Olga A. "International Children’s Rights Law: Child and the Family." In International Human Rights of Children. Springer Singapore, 2018. http://dx.doi.org/10.1007/978-981-10-4184-6_6.

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Muedini, Fait. "Child Education in International Human Rights Law." In Human Rights and Universal Child Primary Education. Palgrave Macmillan US, 2015. http://dx.doi.org/10.1057/9781137523242_3.

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Ewelukwa, Uché U. "The Girl Child, African States, and International Human Rights Law—Toward a New Framework for Action." In Engendering Human Rights. Palgrave Macmillan US, 2005. http://dx.doi.org/10.1007/978-1-137-04382-5_7.

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Blauwhoff, Richard, and Lisette Frohn. "International Commercial Surrogacy Arrangements: The Interests of the Child as a Concern of Both Human Rights and Private International Law." In Fundamental Rights in International and European Law. T.M.C. Asser Press, 2015. http://dx.doi.org/10.1007/978-94-6265-088-6_10.

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Trombetta-Panigadi, Francesca. "The European Court of Human Rights and the Best Interests of the Child in the Recent Case Law on International Child Abduction." In International Courts and the Development of International Law. T. M. C. Asser Press, 2013. http://dx.doi.org/10.1007/978-90-6704-894-1_44.

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Abegaz, Solomon Tekle. "Realizing Maternal and Child Health Through Curbing the Barriers for Accessing Basic Education: Human Rights-based Options for Africa." In Education Law, Strategic Policy and Sustainable Development in Africa. Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-53703-0_12.

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Tapiola, Kari. "What Happened to International Labour Standards and Human Rights at Work?" In International Labour Organization and Global Social Governance. Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-55400-2_3.

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Abstract The social rules of a universal market economy, created by globalization, are based on the standards adopted by the ILO since 1919. Among them a special role belongs to fundamental principles and rights at work, comprised in an ILO Declaration in 1998. They provide for freedom of association, collective bargaining and the elimination of child and forced labour and discrimination. There is a growing debate on how other standards should be linked to fundamental rights and not seen as less important instruments. Technical cooperation has demonstrated that, in any case, implementing fundamental rights leads to strengthening of law and practice on wages, social security and occupational safety and health. All international labour standards (Conventions, Recommendations and Protocols) are derived from the labour principles of the ILO Constitution, and they are closely connected with one another. While the role of the state remains crucial—especially in times of crisis—much of the implementation of labour standards should be achieved through collective bargaining and other negotiations, while voluntary agreements between the social partners are generally legally binding.
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Conference papers on the topic "Parent and child (Law) Human rights"

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Erdmanis, Rihards. "Legal Aspects of Parental Responsibility in the Education of a Child." In 78th International Scientific Conference of University of Latvia. University of Latvia, 2020. http://dx.doi.org/10.22364/htqe.2020.14.

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In the Latvian education system, the legal relationship between parents and the school is important. The child’s parents are obliged to take the child to school. It means that the State implements an education policy in line with both the findings based on educational science and that the child’s right to education is ensured at least at the basic school level. In Latvia, education law as a branch of law is an underdeveloped field. The legal relationship between children’s parents and the educational institution has been little studied from the legal science perspective. Thus, in this study, t
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Sujatmiko, Sujatmiko, Willy Wibowo, and Taruli Sihombing. "Policy on Child Protection During the Covid-19 Pandemic." In 1st International Conference on Law and Human Rights 2020 (ICLHR 2020). Atlantis Press, 2021. http://dx.doi.org/10.2991/assehr.k.210506.015.

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Cahyani, Dewi Mirna Fitri Nur, and Permatasari Elok. "A Plot Twist: Dating Sexual Behavior Becomes Child Sexual Abuse." In 1st International Conference on Law and Human Rights 2020 (ICLHR 2020). Atlantis Press, 2021. http://dx.doi.org/10.2991/assehr.k.210506.012.

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Raharjo, Agus. "Cyber Child Pornography Law and Technology Problems in Its Law Enforcement." In 1st International Conference of Law and Justice - Good Governance and Human Rights in Muslim Countries: Experiences and Challenges (ICLJ 2017). Atlantis Press, 2018. http://dx.doi.org/10.2991/iclj-17.2018.26.

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Nugroho Adhi, P., I. Gst Putu Agung, and Bernadette Gitareja. "Challenge and Opportunity to Implement the Right to Education for Child Refugees in Indonesia." In 1st International Conference on Law and Human Rights 2020 (ICLHR 2020). Atlantis Press, 2021. http://dx.doi.org/10.2991/assehr.k.210506.009.

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

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

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Vlašković, Veljko. "OSVRT NA PRAVA DECE SA INVALIDITETOM SA TEŽIŠTEM NA PRISTUP ZDRAVSTVENIM USLUGAMA." In XVII majsko savetovanje. Pravni fakultet Univerziteta u Kragujevcu, 2021. http://dx.doi.org/10.46793/uvp21.569v.

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It is no coincidence that the UN Convention on the Rights of Persons with Disabilities is the first international human rights treaty in the 21st century. The Convention seeks to amend the social and legal status of persons with disabilities, including children, in a revolutionary way. The main goal is to remove social barriers by adopting a social model of disability in recognizing and exercising the human rights of persons with disabilities on an equal basis with other persons. Therefore, it is understandable that the rules of earlier international human rights treaties, such as the UN Conve
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Anggraini, Wella, and Eti Poncorini Pamungkasari. "Factors Associated with Early Marriage among Young Women in Blora, Central Java: Evidence for Theory of Planned Behavior." In The 7th International Conference on Public Health 2020. Masters Program in Public Health, Universitas Sebelas Maret, 2020. http://dx.doi.org/10.26911/the7thicph.03.94.

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ABSTRACT Background: Child marriage is the result of the interplay of economic and social forces. In communities where the practice is prevalent, marrying a girl as a child is part of a cluster of social norms and attitudes that reflect the low value accorded to the human rights of girls. Child marriage has many effects on girls’ health. This study aimed to assess factors associated with early marriage among young women in Blora, Central Java, Indonesia. Subjects and Method: A cross sectional study was carried out in Blora, Central Java, from September to October 2019. A sample of 200 married
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