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Journal articles on the topic 'Religious aspects of Children's rights'
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1
Kmak, Malgorzata. "DEVELOPMENT OF CHILDREN'S RIGHTS IN POLAND – SELECTED ASPECTS." MEST Journal 9, no. 1 (January 15, 2021): 46–53. http://dx.doi.org/10.12709/mest.09.09.01.06.
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Children’s rights are human rights, they result from the personal dignity and uniqueness of the child as a person. They apply to every child, they cannot be stripped away or renounced. It also means that if a child has a right, the state must ensure that it can be exercised. Further, if the child has a certain right, it means that there must also be procedures to enforce it. The beginning of the international movement for the protection of children's rights dates back to 1874, when the first organization for the protection of children's rights, the New York Society for the Prevention of Cruelty to Children, was founded in The United States. In Europe, at a similar time, since 1880, international societies of criminologists, youth court judges, care for abandoned and homeless children were being established to work on relaxing the criminal law for minors or establishing educational and care facilities for children. It was in the 19th century when the rights of the child were discussed in Poland for the first time. Moral, religious, or customary norms regulated children’s place in the community. However, the development of these rights was a long process that had started in Poland much earlier. The article aims to present selected historical situations affecting the development process and the current state of children's rights in Poland.
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Braley, Alison. "Religious Rights and Québec's Ethics and Religious Culture Course." Canadian Journal of Political Science 44, no. 3 (September 2011): 613–33. http://dx.doi.org/10.1017/s0008423911000515.
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Abstract.Until very recently, the “orthodox” liberal view had assumed that the right to the profession and practice of one's own religious values encompassed the right to instil particular religious values in one's children. This view has been challenged by sustained analysis of the role of children within liberal theory, given the basic tenet of the equal moral worth of persons. This strand of liberal thought questions the extent to which parental rights to direct children's upbringing can include a right to form children's basic value sets. With this challenge comes a stronger basis from which to also challenge the idea that parents may legitimately oppose certain aspects of the state-mandated curriculum on the basis that such education may impinge on the values they wish to instil in their children. This paper will examine the controversy surrounding Québec's “Ethics and Religious Culture” course within a framework that seeks to put the interest of children first, as well as how the religious rights of parents and children might be understood in this context.Résumé.Naguère, l'opinion libérale voulait que le droit à la pratique et à la profession de sa propre religion et de ses valeurs comprît le droit d'inculquer ces valeurs religieuses à ses enfants. Depuis un certain temps, cette position est remise en question à la lumière d'une analyse soutenue des droits de l'enfant, vu la primauté du tenant de l'égalité morale de tous les individus dans la pensée libérale contemporaine. Selon cette analyse, il n'est pas acquis que le droit du parent de voir à la formation de l'enfant comprenne le droit de lui imposer des valeurs de base particulières. Cette remise en question donne lieu à une réévaluation plus concrète du droit des parents de s'opposer à certains aspects du programme d'études établi par le gouvernement sous prétexte que ceux-ci nuiraient à leur droit d'inculquer des valeurs particulières à leurs enfants. La controverse au sujet du cours d'éthique et de culture religieuse au Québec est revue dans un contexte qui place en priorité le droit de l'enfant. Il est question du rapport entre les droits des parents et ceux des enfants concernant la religion et l'éducation religieuse.
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Yates, Hannelie, and Ignatius Swart. "The Rights of Children: A New Agenda For Practical Theology in South Africa." Religion and Theology 13, no. 3-4 (2006): 314–40. http://dx.doi.org/10.1163/157430106779024635.
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AbstractThe aim of this article is to give prominence to the rights of children as a new agenda for Practical Theology in South Africa. Adopting a distinctly contextual approach, the article takes a critical look at the problematic situation of children in present-day South Africa and then focuses attention on the emergence of a children's rights agenda, both internationally and in South African society. A discussion of these aspects leads the authors to address pertinently the issue of Christian theology's complementary role in the children's rights agenda, which, however, is problematised in the light of theology's one-sided and limited involvement thus far in the issue of children. It is argued that a practical theological paradigm – in which a praxis of liberation, change and transformation is of prime importance – should reflect an active involvement in the children's rights agenda. In the light of the special realities of South African society, the importance of meeting distinct contextual and hermeneutical challenges is stated as condition for an effective practical theological involvement in the problematics of the rights of children.
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Lahaling, Hijrah, Siti Alfisyahrin Lasori, Kindom Makkulawuzar, Yudin Yunus, and Safrin Salam. "Children's Rights In The Context Of Child Marriage In Gorontalo Province." SASI 28, no. 2 (June 30, 2022): 234. http://dx.doi.org/10.47268/sasi.v28i2.887.
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Introduction: The practice of child marriage is quite common and is rife in Gorontalo Province. From 2019 to 2021, there were 1,383 data on applicants for child marriage dispensation at the Religious Courts of the Gorontalo Province Regency/City.Purposes of the Research: To complement the shortcomings of previous studies that did not pay attention to legal protection against neglect of children's rights in line with the increasing age of child marriage in terms of the perspective of children's rights.Methods of the Research: This study uses empirical legal research using a statutory approach, a case approach, and a conceptual approach. sources of data using primary and secondary data. Data collection techniques using literature review techniques and interviews Data analysis uses qualitative data analysis, which is analyzed theoretically to obtain prescriptive legal solutions. Results of the Research: The neglect of children's rights in cases of child marriage is more due to the unavailability of legal protection that guarantees the fulfillment of children's human rights and the legitimacy aspect of customs, culture, and traditions regarding social status in society
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Mudawamah, Mudawamah. "PERLINDUNGAN HAK ANAK DALAM PEMERIKSAAN PERKARA PERMOHONAN DISPENSASI KAWIN." Negara dan Keadilan 10, no. 2 (August 31, 2021): 111. http://dx.doi.org/10.33474/hukum.v10i2.11278.
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Jurnal dengan judul “Perlindungan Hak Anak Dalam Pemeriksaan Perkara Permohonan Dispensasi Kawin” ini berangkat dari permasalahan bagaimana bentuk perlindungan hak anak dalam pemeriksaan perkara permohonan dispensasi kawin dan bagaimanana implikasi hukum dispensasi kawin dalam rangka perlindungan hak anak. Penelitian ini bertujuan untuk menganalisis dan menjelaskan perlindungan hak anak dalam pemeriksaan perkara permohonan Dispensasi Kawin dan juga implikasi hukum Dispensasi Kawin dalam rangka perlindungan hak anak. Penelitian ini termasuk penelitian yuridis normatif. Penelitian ini menggunakan pendekatan perundang-undangan dan pendekatan konseptual. Sumber bahan hukum dalam penelitian ini terdiri dari bahan hukum primer, bahan hukum sekunder dan bahan hukum tersier. Analisis penelitian ini dilakukan dengan analisis deskripstif kualitatif. Berdasarkan hasil penelitian, dapat disimpulkan bahwa perlindungan hak anak selama proses pemeriksaan perkara permohonan Dispensasi Kawin mengacu pada UU Perkawinan dan juga Perma Nomor 5 Tahun 2019 tentang Pedoman Mengadili Permohonan Dispensasi Kawin. Adapun bentuk perlindungan hak anak dalam pemeriksaan perkara permohonan Dispensasi Kawin meliputi: 1) Diperiksa oleh Hakim Tunggal yang kompeten, 2) Memberikan rasa nyaman di persidangan, 3) Menghadirkan anak dalam proses pemeriksaan, 4) Hakim menghadirkan dan memberi nasihat kepada Orang Tua, Anak, Calon Suami/Isteri dan Orang Tua/Wali Calon Suami/Isteri, 5) Mengutamakan kepentingan terbaik untuk anak, dan 6) Pertimbangan hukum oleh hakim yang mewujudkan kepastian, kemanfaatan dan keadilan bagi anak. Permohonan Dispensasi Kawin menimbulkan implikasi hukum baik permohonan tersebut dikabulkan ataupun ditolak. Dalam memberikan pertimbangan hukum atas permohonan Dispensasi Kawin tersebut, hakim harus mengutamakan kepentingan terbaik bagi anak dengan mempertimbangkan moral, agama, adat dan budaya, aspek psikologis, aspek kesehatan, dan dampak yang ditimbulkan untuk mewujudkan kepastian, kemanfaatan dan keadilan bagi anak.Kata kunci: Perlindungan Hak Anak, Dispensasi Kawin The journal related to "The Protection of the Rights of the Child in Examination of Cases of Application for Marriage Dispensation" departs from the problem of how to protect children's rights in examining cases of applications for marriage dispensation and how are the legal implications of marriage dispensation in the context of protecting children's rights. This study aims to analyze and explain the protection of children's rights in examining cases of applications for marriage dispensation and also the legal implications of marriage dispensation in the context of protecting children's rights. This research is a normative juridical research. This study uses a statutory approach and a conceptual approach. The sources of legal materials in this study consist of primary legal materials, secondary legal materials and tertiary legal materials. The analysis of this research was carried out by means of a qualitative descriptive analysis. Based on the results of the research, it can be concluded that the protection of children's rights during the process of examining cases of marriage dispensation applications refers to the Marriage Law and also Supreme Court regulations Number 5 of 2019 concerning Guidelines for Adjudicating Applications for Marriage Dispensation. The forms of protection of children's rights in the examination of cases of application for Marriage Dispensation include: 1) The examination by a competent single judge, 2) Providing a sense of comfort at court, 3) Presenting children in the examination process, 4) The Judge presents and advises parents, children, candidate for husband / wife and parents / guardian of candidate husband / wife, 5) Prioritizing the best interests of the child, and 6) Legal considerations by the judge that realize certainty, benefit and justice for the children. An application for marriage dispensation has legal implications whether the application is granted or rejected. In providing legal considerations for the request for the marriage dispensation, the judge must prioritize the best interests of the child by considering the moral, religious, customary and cultural aspects, psychological aspects, health aspects, and the impact that is created to create certainty, benefit and justice for the child.Keywords: Protection of Children's Rights, Marriage Dispensation
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Herlina, Nining, Zainal Asikin, and Lalu Husni. "Legal Protection of Civils Rights on Childrens’ Birth from the Unrecorded Marriage." International Journal of Multicultural and Multireligious Understanding 6, no. 3 (July 26, 2019): 908. http://dx.doi.org/10.18415/ijmmu.v6i3.935.
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Marriage is a rule to authorize the relationship of two different gender to become husband and wife. Sociologically, there are marriage that was done by religious law but was not recorded by the state even until it produced children. Law Number 1 from Year 1974 on Marriage confirms that marriage is valid if conducted according to the religion and registered as regulated on binding law.This study aims to examine the law protection of civilization rights on childrens’ birth from the unregistered marriage. Research methods is normative research with statute, conceptual, and case approaches. Conclusion, recording is one of the important aspects in marriage, if marriage is not recorded, even though it is legal based on the religious law, but in the state provision, marriage does not have the legal force. Furthermore, it is not recognized by the state because it does not have the right to manage all interests related to the state. Law protection on childrens’ birth from the unregistered marriages can be taken by isbat nikah to legalize the marriage of their parents.Key Words: Legal Protection, Children, Unrecorded, Marriage, Alimentation, Inheritance, Islamic Law
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Madariaga Méndez, Leonora. "Algunos aspectos sobre el derecho de los padres a decidir la educación moral y religiosa de sus hijos en la jurisprudencia del tribunal europeo de derechos humanos." Revista de Derecho, no. 34 (2018): 137–58. http://dx.doi.org/10.21703/issn0717-0599/2018.n34-07.
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En el desarrollo de los derechos fundamentales, especial lugar ocupa del derecho a la educación, dado los efectos respecto de quienes se encuentran en etapa de formación. En este contexto, los padres juegan un papel fundamental en la educación de sus hijos y, por lo mismo, el estudio del derecho que a ellos le asiste en la educación moral y religiosa de los menores resulta relevante a los efectos de comprender cabalmente el alcance de aquél. En este trabajo, la autora describe y analiza las principales sentencias que el Tribunal Europeo de Derechos Humanos ha dictado acerca de mencionado derecho de los padres, con particular énfasis en las cuestiones más controvertidas.
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Yuvsechko, Yaroslav Volodymyrovych. "Family Values in Doctrine and Practice of Synthetic Neo-Religions." Religious Freedom, no. 21 (December 21, 2018): 130–43. http://dx.doi.org/10.32420/rs.2018.21.1269.
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The article analyzes the beliefs and practical activities of synthetic neo-religions on issues of family, marriage, marital life, children’s education, attitude to parents, etc. In particular, the position of Baha'i Faith, Unification Church and Church of Scientology is considered.
The peculiarity of this research is the complex analysis of the doctrine and practice of these neo-religious movements and finding of common aspects in their views on family values, both among themselves and with traditional religions. It emphasizes their syncretism and refute the available warning in society about the destructive influence of neo-religions’ beliefs on established family values.
In the teaching of the Unification Church, the issue of the family, marital relations, holiness and purity of marital ties, the inadmissibility of premarital and extra-marital relations occupy one of the central places. In the doctrine of the Baha'i Faith, the vital importance is given to the institution of the family. It emphasizes the sanctity of marriage, the equality of men and women in their rights, privileges, upbringing and social status. The Baha'i recognize the principle of equal rights, opportunities and privileges for men and women, the requirement of monogamy and marital fidelity. In the teaching of the Church of Scientology, the family is regarded as an important bricks of society: the biological model of family relationships and the development of an organism is that ensures the continuation of human existence. Marriage is the basis of a family. The family is the closest union in a society, which provides itself for the continuation of own existence and own protection. The family is also necessary for the society by an economic point of view. According to Scientologists, the whole culture will perish if its foundation - the family - will cease to exist. Thus, in their opinion, there is no doubt that the one who destroys the marriage union also destroys civilization.
It is emphasized that despite the claims of these religious organizations to the exclusivity and authority of their own religious sources, their positions on family values are quite similar to each other. Also they often overlap with the principles of Christianity and other world religions.
The author draws attention to the lack of awareness of the general public with the basics of dogma of the Baha'i Faith, the Unification Church and the Church of Scientology. As a result, there is a fear in society about the spread of doctrines of synthetic neo-religions, despite the fact that their positions on family values do not contradict the generally accepted norms of social morality and mostly accord with them.
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Parker-Jenkins, Marie. "Muslim Matters." American Journal of Islam and Society 9, no. 3 (October 1, 1992): 351–69. http://dx.doi.org/10.35632/ajis.v9i3.2573.
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The recent publication of The Satanic Verses has helped to unmask Muslimdiscontent in British society. Athough the initial outrage ditected at theauthor seems to have subsided, advocacy by Muslims living in Britain whoare concerned about their children's educational needs will not disappear. Thispaper addresses the difficulty of making adequate provisions for Muslim childrenin the maintained (i.e., public) school sector as well as the call for separate and publicly funded schooling. Attempts to modify certain aspects ofschooling (i.e., physical education) are discussed, as is the movement towardsscrutinizing the entire curriculum to eflsure that it reflects cultural diversity.The extent to which the common school curriculum can accommodate all pupilsis also explored in light of statutory requirements imposed by the NationalCurriculum. Finally, administrative adjustments and the resulting implicationsfor schools trying to meet Muslim needs are discussed, as are the legalalternatives to state education available to Muslim parents.Muslims are the third largest religious minority in Britain today; RomanCatholics and Anglicans are larger in number (Ashraf 1986). While multiracial,multicultural, and multilingual in nature, they m united by a religiousdimension within their lives (Nasr 1975). The powerful Islamic revival amongMuslim populations, which the West views as "Islamic fundamentalism," hasdeeply affected the thinking of Muslim minority groups in the "unsympathetic"West (Anwar 1982; Hulmes 1989; Qureshi and Khan 1989). Indeed,Islam can be seen as a religion, a social and moral code, and "as a bulwarkagainst modem atheistic Concepts" (Union of Muslim Organisations 1976).While some view Muslim communities as cores of resistance in liberal democracies,Muslims see themselves as fighting a tide of secularization. Beneaththis rather superficial description, however, lie major issues conceming socialcohesion, cultural diversity, and the extent of minority rights in a democracy ...
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Yadnyawati, Ida Ayu Gde. "BUILDING CHILDREN’S CHARACTER THROUGH TRADITIONAL BALINESE GAME: MEGALA-GALAAN REVISITED." International Journal of Interreligious and Intercultural Studies 1, no. 1 (October 1, 2018): 62–70. http://dx.doi.org/10.32795/ijiis.vol1.iss1.2018.37.
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Character is the values of human behavior associated with God Almighty, self, fellow human, environment, and nationality embodied in thoughts, attitudes, feelings, words, and deeds based on religious norms, law, etiquette, culture, and customs. Character education, according to Thomas Lickona (1991), is the education to shape the personality of a person through character education, whose results that can be seen in the actual actions of a person that are considered good, honest, responsible, respectful of the rights of others, hard work, and others. Building the character of children can be done through a traditional Balinese game called megala-galaan. This game is often played with accompaniment of singing Goak Maling Taluh. The poem Goak Maling Taluh sound simple with rhythm or easy rhythm, and the author was still anonymous until now. Behind the simplicity of his poetry hides a deep philosophical meaning about the nature of karma phala. The megala-galaan game with the singing Goak Maling Taluh implementation of fun learning concepts, a traditional Balinese educational concept that emphasizes aspects of learning while playing, and playing while learning.
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Idleman, Scott C., and James G. Dwyer. "Religious Schools v. Children's Rights." Journal of Law and Religion 16, no. 2 (2001): 451. http://dx.doi.org/10.2307/1051679.
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Dickenson, Donna L., and Richard Nicholson. "Children's Rights." Hastings Center Report 29, no. 1 (January 1999): 5. http://dx.doi.org/10.2307/3528531.
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Quennerstedt, Ann. "The construction of children's rights in education – a research synthesis." International Journal of Children's Rights 19, no. 4 (2011): 661–78. http://dx.doi.org/10.1163/157181811x570708.
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AbstractThis paper presents a research synthesis that aims to clarify and discuss how children's rights in education are constructed in research. A basic assumption is accordingly that research is an important participant in the process in which principal meanings and essential aspects of children's rights take shape. In the synthesis, 35 research publications, published between 1997-2008, have been selected and analysed. The main findings show that the research interest centres on four main themes: 1) Human rights orientation, 2) Education difficult to change, 3) Children's participation rights, and 4) Children's rights – parents' rights. In research, essential aspects of education are highlighted as matters of children's rights and the research construction give rise to some important insights that call for further research on children's rights in education.
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Shofi, Muhammad Aminuddin, and Moh Hadi Ismanto. "CHILDREN'S RELIGIOUS RIGHTS IN THE INDONESIAN CONSTITUTION: UNDERSTANDING OF RELIGIOUS MODERATION EARLY IN FAMILY ENVIRONMENTS OF DIFFERENT RELIGIONS." Penamas 35, no. 1 (June 27, 2022): 17–32. http://dx.doi.org/10.31330/penamas.v35i2.539.
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Currently, the fulfilment of children's religious rights is not interpreted as a parent's need to introduce religion to their children, but rather as a requirement to cultivate religious moderation principles. This is a method of shielding youngsters from religious teachings that promote puritanical and extremist attitudes. The study focuses on how parents of different faiths fulfil their children's religious rights and how this relates to their understanding of religious moderation. The study was carried out as a field study utilizing a qualitative methodology that included interviews and documentation of data gathering methods. According to the findings of the study, the fulfilment of children's religious rights by parents of various religions is consistent with the child's constitutional right to religious freedom. Children are allowed to learn about, understand, and choose their religion. The fulfilment of children's religious rights in this way is in line with the religious moderation movement's essence, especially in terms of instilling the value of religious tolerance between religious communities.
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Brock, Dan W. "Children's Rights to Health Care." Journal of Medicine and Philosophy 26, no. 2 (April 1, 2001): 163–77. http://dx.doi.org/10.1076/jmep.26.2.163.3027.
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Browning, Don S., and John Witte Jr. "CHRISTIANITY'S MIXED CONTRIBUTIONS TO CHILDREN'S RIGHTS." Zygon® 46, no. 3 (August 12, 2011): 713–32. http://dx.doi.org/10.1111/j.1467-9744.2011.01208.x.
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Lester, Emile. "Gratitude and parents' rights over their children's religious upbringing." Journal of Beliefs & Values 25, no. 3 (December 2004): 295–306. http://dx.doi.org/10.1080/1361767042000306112.
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Langlaude, Sylvie. "Flogging Children with Religion: A Comment on the House of Lords' Decision in Williamson." Ecclesiastical Law Journal 8, no. 38 (January 2006): 339–45. http://dx.doi.org/10.1017/s0956618x00006499.
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On 24 February 2005 the House of Lords delivered a significant judgment on freedom of religion, parental rights to religious freedom, corporal punishment and children's rights. This paper examines R (Williamson) v Secretary of State for Education and Employment. It argues that the House of Lords adopts a much more generous approach to freedom of religion or belief than the European Court of Human Rights. But it is also critical of the argument derived from children's rights.
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McCarthy, Frankie. "Children's Rights in Action: Reforming Religious Observance in Scottish Schools." Edinburgh Law Review 21, no. 2 (May 2017): 257–61. http://dx.doi.org/10.3366/elr.2017.0417.
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ter Avest, Ina. "Introduction to Special Issue: Islam and/in Education in The Netherlands." Religions 13, no. 4 (April 18, 2022): 374. http://dx.doi.org/10.3390/rel13040374.
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This article provides information on the current Dutch educational system, paying special attention to the position of Islam in formal, non-formal and informal education. It briefly sketches the history of the so-called “pillarised educational system”, a system in which the 19th century Dutch Christian education system evolved into a compartmentalised system with the pillars of Catholic, Protestant and humanistic education. At the end of the 20th century, a fourth pillar of Islamic education was founded by Dutch Muslim parents. Convinced that religious upbringing in the family and participation in mosque youth clubs constituted only the beginning of the process of becoming a good Muslim, Moroccan and Turkish parents supported the foundation of formal Islamic education in Dutch Islamic schools. This article describes developments in formal, non-formal and informal Islamic education in the light of children’s rights to religious education and parents’ rights to religious upbringing. Religious identity development, including religious literacy training, is presented as an important aspect of educating children to be(come) good Muslims—a process in which parents at home, imams and volunteers at the mosque, as well as teachers at school, play an important role.
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Jawoniyi, Oduntan. "Children's rights and religious education in state-funded schools: an international human rights perspective." International Journal of Human Rights 16, no. 2 (February 2012): 337–57. http://dx.doi.org/10.1080/13642987.2011.563512.
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Kravchuk, Natasha. "Children in Post-Communist Russia: Some Aspects of the Child's Right to Protection." International Journal of Children's Rights 17, no. 4 (2009): 611–22. http://dx.doi.org/10.1163/092755609x12494710657696.
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AbstractThe main focus of this paper is the rights of children in post-communist Russia. With this in view I give a brief overview of child's rights under the communist regime and after the Soviet Union breakdown. Further, I will examine in more detail the current situation with children's rights and, particularly, the child's right to protection. To make it more illustrative, after giving a legal framework, I will address the most acute and pressing problems in the field.
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Viskovic, Ivana, and Maja Ljubetić. "Pedagogıcal Aspects of Famıly Functıonıng." Erken Çocukluk Çalışmaları Dergisi 6, no. 1 (May 7, 2022): 308–32. http://dx.doi.org/10.24130/eccdjecs.1967202261370.
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Various changes in the conditions of social functioning also affect family functioning. Respecting the personality and autonomy of the individual, the connection between the quality of family functioning and educational outcomes of children cannot be neglected. The pedagogical influence of the family on the individual is recognizable by the adopted value orientations and social norms, models of behaviour, learning strategies, ways of distributing power and taking responsibility; communication and ways of solving problem situations, as well as flexibility and expressiveness. Understanding family functions (economic, socio-emotional, religious, reproductive”¦) and their simultaneous impact on children, it is unjustified to interpret children's educational outcomes based on separate aspects of family functioning. Relevant research indicates that a number of latent and intervening variables are associated with children's educational outcomes, and therefore the family is accepted as a nonlinear dynamic system, so changes and children's outcomes are certain, but not easily predictable.
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Ablyatipova, N., and T. Podveznaya. "Features of Participation of Guardianship and Trusteeship in Problematic Aspects of the Implementation of Personal Non-property Rights of Minors." Bulletin of Science and Practice 5, no. 11 (November 15, 2019): 290–98. http://dx.doi.org/10.33619/2414-2948/48/34.
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Discusses the participation of guardianship and trusteeship bodies in the implementation of personal non-property rights of minors who are not able to fully exercise their rights and bear responsibilities. The forms of participation of guardianship and trusteeship bodies in litigation are analyzed. Based on the analysis of judicial practice, features of the participation of guardianship and trusteeship bodies in the implementation and protection of children's rights are highlighted. Based on the study, conclusions are formulated, the responsibilities of guardianship and guardianship bodies to protect the rights and interests of minors, as well as their actions to restore violated rights, are systematized.
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Suadi, Amran. "PROTECTION OF WOMEN'S AND CHILDREN'S RIGHTS BASED ON SYSTEM INTERCONNECTION: A New Paradigm of Execution of Women and Children's Rights after Divorce." Jurnal Hukum dan Peradilan 11, no. 3 (December 1, 2022): 499. http://dx.doi.org/10.25216/jhp.11.3.2022.499-522.
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The implementation of post-divorce decisions in the religious court demands great attention because the system for implementing decisions in divorce cases still needs to be stronger. The cost of executing the decision is not commensurate with the nominal (the ex-husband must pay “the obligation” to his ex-wife). As a result, court decisions become “useless”, which are only authoritative in writing but weak in implementation. Through this paper, the author wants to explain a new concept related to the fulfillment of the rights of women and children after divorce based on an interconnected system so that post-divorce women and children are guaranteed their fulfillment of rights without going through the process of execution in court. This research is normative research through a statutory approach and a conceptual approach. This research shows that ensuring the women's and children's rights fulfillment requires an interconnected system. Courts must involve non-judicial institutions in an integrated manner following their respective authorities. This new framework makes institutions outside the judiciary as external partners in implementing single identity-based court decisions.
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Nawawi, Mansyur, Salmah Yusuf, Belinda Sam, and Risman Iye. "Effectiveness of Early Marriage on The Protection of Children's Rights." Sang Pencerah: Jurnal Ilmiah Universitas Muhammadiyah Buton 8, no. 3 (August 31, 2022): 870–76. http://dx.doi.org/10.35326/pencerah.v8i3.2309.
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The aims of the study are as follows: (a) What factors influence early marriage? b) What are the effects of early marriage on the rights of children? This is normative legal study, i.e., legal research that seeks to identify procedures, standards, or das sollen. This research was undertaken through library research in order to gather secondary data, including primary and secondary legal texts. Primary legal materials are binding legal documents, such as marriage and children's rights legislation. Comparatively, secondary legal materials are those that provide an explanation of the primary legal resources. The findings of the study indicate that marriages done below the legal age restriction are prevalent. Marriage demands psychological maturity, thus age restrictions are extremely crucial. Multiple factors, including environmental factors, health considerations, family parenting factors, and economic aspects, contribute to the occurrence of early marriage. Early marriage will have an effect on the non-fulfillment of statutory children's rights, such as the child's right not to be separated from his parents, the child's right to receive an appropriate education, and the child's right to obtain protection.
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Wiradharma, Gede Andi, I. Nyoman Putu Budiartha, and I. Ketut Sukadana. "Perlindungan Hukum terhadap Anak dalam Terjadinya Perceraian." Jurnal Preferensi Hukum 1, no. 2 (September 15, 2020): 47–50. http://dx.doi.org/10.22225/jph.1.2.2341.47-50.
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Marriage is a thing that unites two individuals into one through a religious and legal ceremony. After the wedding ceremony takes place, the two individuals are married-couple. In undergoing marriage, a lot of things must be passed, so the husband and wife will have differences of opinion. The differences of opinion sometimes cause husband and wife to experience conflict which will usually lead to a fight that often ends to divorce. This research was conducted with the aim of describing how the regulation of child custody rights according to the law in Indonesia and how the legal protection of children's rights due to divorce. This research was designed using a normative legal research method. The results of this study showed that the regulation of child custody according to the law in Indonesia is regulated in Law Number 35 of 2014 concerning Child Protection and also mentions children's rights and obligations. In this law, child protection takes precedence. In addition, legal protection for children's rights due to divorce is also guaranteed where children are still entitled to receive rights from their parents such as getting an education, a decent place to live, feel secure, and get health insurance.
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Cumper, Peter. "‘Let's talk about sex’: balancing children's rights and parental responsibilities." Legal Studies 26, no. 1 (March 2006): 88–108. http://dx.doi.org/10.1111/j.1748-121x.2006.00001.x.
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Although sex education lessons have been provided in our schools for many years, concerns about the sexual health and practices of the nation's youth remain centre stage. In recent years, a number of initiatives have been introduced, with varying degrees of success, to increase young people's awareness of sexual matters and to reduce the high number of unplanned teenage pregnancies. One particularly controversial idea is that parents should be divested of the right to withdraw their children from sex education classes. In this paper, I consider the implications of this proposal, paying special attention to the response of those conservative religious organisations most likely to oppose it. My central thesis is that, while the state should be careful not to ride rough-shod over the wishes of parents in what is an extremely emotive area, the interests of the child are paramount and all young people in maintained secondary schools should have access to comprehensive sex education programmes.
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Witte, John. "Lift High the Cross? An American Perspective on Lautsi v Italy." Ecclesiastical Law Journal 13, no. 3 (August 11, 2011): 341–43. http://dx.doi.org/10.1017/s0956618x11000445.
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The European Court of Human Rights has upheld Italy's policy of displaying crucifixes in its public school classrooms. In Lautsi v Italy, an atheist mother of two state school children challenged this policy, in place since 1924. After losing in the Italian courts, she appealed to the European Court of Human Rights, arguing that the presence of these crucifixes in schools violated her and her children's rights to religious freedom and to a secular education guaranteed by the European Convention on Human Rights. On 3 November 2009, a unanimous seven-judge chamber of the European Court held for Ms Lautsi. On 18 March 2011, the Grand Chamber reversed this decision and held 15 to 2 in favour of the Government of Italy.
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Wibowo, Safrudin Edi, Aminullah Elhady, Badrut Tamam, and Fathiyaturrahmah Fathiyaturrahmah. "Education of Marginalized Groups: A Study on the Religiosity of Street Children in the Regency of Jember." Ulumuna 26, no. 2 (December 31, 2022): 392–416. http://dx.doi.org/10.20414/ujis.v26i2.547.
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Street children's rights are often neglected, including their right to receive religious education.This study examines the dimensions of religiosity of street children and the influencing factors, as well as the appropriate mentoring method for them. Data were gathered through observations, in-depth interviews, and focused group discussions were analyzed, and the results indicate that family, educational institutions, and social environment influence street children's religiosity. This study is built upon the researchers' experience carrying out a religious mentoring program for street children. The study suggests that street children maintain a sense of religiosity and its various dimensions. Formulating religious mentoring programs that align with the dimensions of religiosity is recommended.
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Nawawi, M. Anwar, Sulastri Sulastri, Relit Nur Edi, and Agus Setiawan. "Harmonization of Islam and human rights: judges’ legal arguments in rejecting child marriage dispensation in Sukadana, Indonesia." Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan 22, no. 1 (September 1, 2022): 117–34. http://dx.doi.org/10.18326/ijtihad.v22i1.117-134.
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This article analyzes the rejection of an application for child marriage dispensation at the Sukadana Religious Court, Indonesia. Normatively, building a family and preserving the lineage are human rights, but the judges reject the application for the marriage dispensation. This normative research used observation, interviews, and documentation to collect data. In rejecting the marriage dispensation, the Religious Court judges used two arguments: normative (fiqh rules) and juridical (regulations related to human rights). The legal arguments integrate Islamic values (benefits and avoiding disgrace) with human rights principles. They seek to protect the petitioners' human rights, especially children's rights. From the finding above, the researchers suggest that there is no conflict between Islam and human rights. Both harmonize in their value of protecting the citizens. This study has implications for the increased unregistered marriages that do not have legality.
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Alvaré, Helen M. "RELIGIOUS FREEDOM VERSUS SEXUAL EXPRESSION: A GUIDE." Journal of Law and Religion 30, no. 3 (September 15, 2015): 475–95. http://dx.doi.org/10.1017/jlr.2015.21.
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AbstractClaimed rights to sexual expression unlinked to the creation of children are among the strongest challenges facing the free exercise of religion in the United States today. Such rights gained importance by means of a series of Supreme Court opinions associating consensual sexual expression unlinked to children with human dignity and even personal identity. These were accompanied by legal and cultural movements, led by more privileged Americans, diminishing children's rights in favor of adults', in the context of sex, marriage, and parenting. Laws and regulations protecting and promoting sexual expression detached from children are powerfully affecting religious institutions that operate health care, educational, and social services available to all Americans; the Catholic Church is a particularly prominent supplier of all of these services. Respecting the Catholic Church, it is possible but quite difficult to maintain respect for its free exercise of religion in the current environment, potentially by highlighting its measurable contributions to the common good. It might also be useful to show the close link between Catholic teachings on sex and marriage and the entire Catholic cosmology, such that coercing Catholics to behave otherwise is tantamount to coercing them to practice a different faith.
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Arifin, Ridwan, Rodiyah Rodiyah, and Fadhilah Rizky Afriani Putri. "The Legal and Social Aspect for Underage Marriage Women's Education Rights in the Perspective of Human Rights: Contemporary Issues and Problems." Sawwa: Jurnal Studi Gender 15, no. 2 (October 31, 2020): 219–40. http://dx.doi.org/10.21580/sa.v15i2.5165.
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The right to education is a fundamental human right and must be fulfilled by the state. However, the right to education, especially for women with underage marriages (child marriages), has not yet had adequate education. This paper aims to analyze the legal and social aspects of children's educational rights, especially women with conditions of underage marriage (child marriage) in Indonesia. This study examines the formal juridical aspects of the protection and guarantee of education rights for women and social aspects related to the constraints of fulfilling women's education. This research is a normative juridical study in which this study looks at the community's various facts based on the applicable legal rules. This research's social aspects are seen based on various social theories related to this research study; the data and facts obtained in this study are data sourced from previous research, both print and online media. This research confirms that child marriage is motivated by many factors, one of which is economic conditions so that women cannot achieve the rights to education. However, according to the 1945 Constitution Article 31 paragraph (1) that every citizen has the right to get an education. However, there are no strict criminal sanctions for families who leave their children out of school in terms of law enforcement.
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Okin, Susan Moller. "Feminism, Women's Human Rights, and Cultural Differences." Hypatia 13, no. 2 (1998): 32–52. http://dx.doi.org/10.1111/j.1527-2001.1998.tb01224.x.
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The recent global movement for women's human rights has achieved considerable re-thinking of human rights as previously understood. Since many of women's rights violations occur in the private sphere of family life, and are justified by appeals to cultural or religious norms, both families and cultures (including their religious aspects) have come under critical scrutiny.
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Read, Kay. "When Is a Kid a Kid? Negotiating Children's Rights in El Salvador's Civil War." History of Religions 41, no. 4 (May 2002): 391–409. http://dx.doi.org/10.1086/463693.
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Óhidy, Andrea, Sheila Riddell, and Alina Boutiuc-Kaiser. "Children's rights in European education. Dilemmas, challenges and implementation regarding Roma children in selected European countries – An introduction." Hungarian Educational Research Journal 12, no. 1 (March 24, 2022): 1–11. http://dx.doi.org/10.1556/063.2021.00086.
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Abstract The UN Convention on the Rights of the Child (UNCRC) recently had its 30th anniversary. Emerging from the United Nations General Assembly in 1989, it has since become the most ratified international human rights treaty ever. Most European countries ratified it and are thus obliged to ensure the implementation of children's rights in practice. Operationalizing the UNCRC raises practical, conceptual and ethical issues. For example, questions arise concerning children and young people's competence to make autonomous decisions in different social domains, especially in education. There are also debates about children's involvement in dispute resolution and the extent to which rights must always be associated with redress in order to make them meaningful. Clearly, the relationship between the rights of children and young people on the one hand and those of parents and teachers on the other are particularly salient. In addition, challenges may arise in relation to children from the Roma-minority in educational institutions. Article 28 (1) of the UNCRC stresses that “States Parties recognize the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity”. Nonetheless, Roma students frequently experience multiple forms of discrimination in educational institutions which amplify their existing disadvantage. Across Europe, there have been different rates of progress in terms of incorporating aspects of the UNCRC into domestic law and put them into practice in schools and other education institutions, and in many cases Roma children have yet to experience the benefits of enhanced children's rights.
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Ramadhan, Syahri, Nelia Guswanti, Evi Rahayu, Zalisman Zalisman, and Yundri Akhyar. "Early Childhood Tahfizh Education: Optimization the Aspects of Children's Development and Religious Soul of Children in the Golden Age." AL-ISHLAH: Jurnal Pendidikan 14, no. 2 (June 9, 2022): 2031–42. http://dx.doi.org/10.35445/alishlah.v14i2.377.
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This study aims to describe tahfidz education in early childhood in terms of the perspective of the development and religious spirit of children during the golden age at the Markaz Tahfizh Balita (MARTABA) Al-Makki Pekanbaru. This type of research is qualitative research with a Case Study model. The informants of this research were teachers and students at MARTABA Al-Makki Pekanbaru. The data collection techniques use in-depth interviews (depth interviews) and observation. While the data analysis technique is done by data reduction, data display, and verification. In general, tahfizd learning activities are to form good habits from an early age that can form a religious spirit and stimulate developmental aspects in children. The tahfizd learning program at MARATABA Al-Makki Pekanbaru has facilitated aspects of early childhood development which include; aspects of internalizing moral and religious values, aspects of gross motor development, and aspects of fine motor development, aspects of language development, aspects of cognitive development, and aspects of social-emotional development. In addition to the aspects of psychological development above, the learning program also pays attention to adequate nutritional intake to stimulate children's development. Tahfizh learning is also able to optimize the development of children's religious spirit from an early age. For this reason, tahfidz learning activities for early childhood at MARTABA Al-Makki Pekanbaru can be an example of organizing a tahfidz program for early childhood.
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Lisma, Lisma, and Roykhatun Nikmah. "Child Care and Protection in Perspective of Legislation, Human Rights and Islamic Law." Al-Bayyinah 5, no. 1 (June 2, 2021): 29–42. http://dx.doi.org/10.35673/al-bayyinah.v5i1.1333.
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The empirical reality regarding the issue of care and protection for children is still a global concern. It is necessary to find rules regarding the protection and care of children. Comparing several rules in legislation, human rights and Islamic law in strengthening the position of children as human beings who must receive care and protection. This research is a literature review with a normative juridical approach. Examining various literatures by focusing on aspects of laws and regulations related to care, child protection, human rights and Islamic law. The techniques of analysis used were descriptive and comparative. The findings of this study indicate that child care and protection falls into the category of fulfilling human rights. Child protection is in line with the universal principles of human rights and has a legal umbrella and the power to obtain care and protection. However, the existing regulations have not been maximally implemented. In Islamic law, children have a very high guarantee of protection, this is included in the category of caring for children as the goal of sharia (maqashid syari'ah). The implication of this finding is that the protection of children's rights cannot be negotiated, because the state and religion have provided protection, so what must be enforced is the supervision of the fulfillment of children's rights.
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Nurhadi, Nurhadi. "Philosophical Values for Children's Legal Rules in the Positive Law of Islam Indonesia." Al-Ahkam Jurnal Ilmu Syari’ah dan Hukum 5, no. 1 (September 11, 2020): 15–24. http://dx.doi.org/10.22515/al-ahkam.v5i1.1775.
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AbstractThe obligation to provide for a child is prioritized by a father, but if it is not capable, then the mother will take it. Ages earn a living from 0 to 21 years or get married. If a civil servant then the child salary is 1/3. The philosophy of child care obligations in Islamic UUP, if viewed from the axiological aspect of the benefit of the law, then the livelihood of children is a medium to achieve people's welfare, with the fulfillment of children's livelihood means that they have prepared quality human resources in the future, because in their livelihood three children aspects of fulfilling basic needs of children, namely primary needs, children's spiritual (psychological) needs and children's intellectual needs. From the axiological aspect of legal justice, the fulfillment of children's livelihood is full of the values of theological justice, social justice and gender justice. Whereas from the axiological aspect of legal certainty, the existence of legal sanctions on family law legislation serves as social control as a preventive measure to prevent acts of neglect of the child and repressive (forcing) parents to provide for the child by paying them later, as guarantee of child rights (child rights).
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Akyüz, Yahya. "Educational transformations in the process of transition from the Ottoman period to the republic." Pegem Eğitim ve Öğretim Dergisi 1, no. 2 (June 1, 2011): 09–22. http://dx.doi.org/10.14527/c1s2m2.
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It is important to study and find out the transformations in education during the transition from the last periods of the Ottoman Empire to the Turkish Republic. Education was not only contributing to the still lifestyle of the Ottoman society until the end of the 18th century, but it was also affected by that lifestyle. The most common educational institutes of the period were elementary schools and madrassas. In Ottomans, the function of education as a transformer of the society was preceded by the education itself being transformed. In this process, the military and political events had been influential. To this end, starting with 1776, first the military schools were started to be opened. Until the period which commenced with the proclamation of the Tanzimat in 1839, the view in the Ottoman society toward the child, youngster and their education had a feature of being religious and traditional. For example, in Sultan Mahmut the Second's edict which made elementary education mandatory, the reason to make elementary education mandatory was cited as children's need to first learn their religion. In the Tanzimat (Reformation) period which started in 1839, the views that see the families' and the state's educational duties as only religious and traditional started to weaken, and these duties were started to be considered from the aspect of their responsibility toward children and the society. This development was rooted on several statesmen's, authors' and educationists' self-criticism and recognition of societies' lack of knowledge and having stayed backward, and seeing this traditional view of education as a primary reason for the state's decline. From the political aspect, in this period, the ideal of being "Ottoman" was attempted to be infused in children and youngsters of the day. This was to be achieved in schools. Namık Kemal's following thoughts in this topic are of utmost importance: "If children from various races and ethnicities are educated together in schools, in time, the desired fusion of peoples in the nation can be achieved. This may be resembled to the impossibility of separating out trees whose saplings have grown together embracing each other..." A very important transformation toward children and teenagers in the pre-republic period was seen in the second Mesrutiyet period which started in 1908. The central aspect of this transformation, which was especially caused by defeat in the Balkan Wars in 1912-1913, was: The defeat of the Ottomans against smaller Balkan countries was attributed to the prevalent ignorance in the Ottoman society and the high value placed at being civil servants for the state. According to the intellectuals who violently criticized the society as well as themselves, education should stop pursuing the goal of developing civil servants; it should instead focus on science, art, technology, trade ... and produce specialists and entrepreneurs who can be successful in these areas. However, as a result of wars and social tragedies in this period new regulations in education could not be realized. Despite this, the second Mesrutiyet period, due to various ideological discussions and arguments became a laboratory for the Republic era. Since the Ottomans, some state administrators have been very influential in transformations in education as well as transformations in society through education. The foremost of these is Atatürk. Having spent his entire educational life in the last period of the Ottoman Empire, he keenly observed the educational roots of the collapse of the Ottoman state. Atatürk attributed this collapse primarily to the education system which trained non-nationalistic, passive individuals, and that which did not aim to develop knowledge and behaviors necessary for life. He desired the Republic to have a completely different system of education and he gave the responsibility of upbringing virtuous, hardworking, active, nationalistic generations to the teachers. He wanted education to be national as well as scientific. With the Unification of Education Law in 1924, revolution of the alphabet in 1928, and revolutions of mixed education and women's rights in those years, very significant transformations transpired in both educational and social life. Atatürk also set a goal for all of us to advance our nation to a level above the western civilization.
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Sunarti, Sunarti. "MENGENAL DAN MENGEMBANGKAN SEKOLAH RAMAH ANA." Al-Misbah (Jurnal Islamic Studies) 5, no. 2 (October 17, 2019): 201–10. http://dx.doi.org/10.26555/almisbah.v5i2.175.
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Child-friendly schools are the schools coveted by every parent and government. The child-friendly school policy begins with the desire of the community to allow schools to fully grant children's rights in their schools. Child-friendly schools can be implemented in everyday life if they receive the attention and support of all parties. A child-friendly school can become a reality if supported by at least three aspects, including: appropriate school programs; a supportive school environment; and aspects of adequate facilities
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KARAMALLA-GAIBALLA, NAGMELDIN. "VIOLATIONS OF CHILDREN’S RIGHTS IN SUDAN AND THEIR CIRCUMSTANCES: THE CURRENT SITUATION AND THE POSSIBILITY OF SOLUTIONS." Society Register 5, no. 2 (May 15, 2021): 57–68. http://dx.doi.org/10.14746/sr.2021.5.2.04.
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This paper aims to demonstrate the main aspects and weaknesses of children's rights in Sudan and describe how to work towards enhancing the immediate response to violations against children. This discussion will help develop future plans to strengthen the enforcement of children’s rights in Sudan and create an environment that protects children's rights against all kinds of violations. This paper presents the current situation of children’s rights violations in Sudan and factors that have a great and direct impact on these situations, especially social and cultural factors concerning female circumcision, genital mutilation, and marriage of underage girls; and laws that violate the dignity of Sudanese children, such as laws related to flogging, imprisonment, and death. The article also addresses issues of wars and internal conflicts and their impact on children, including their recruitment and trafficking. It also discusses the weaknesses of laws in place to protect children in Sudan and the changes these laws have undergone in recent years, especially the fundamental changes following the revolution that broke out in Sudan in 2018, which replaced the dictatorial military regime with Islamic orientations and trying to find objective solutions.
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Mäkinen, Virpi. "Moral Psychological Aspects in William of Ockham’s Theory of Natural Rights." American Catholic Philosophical Quarterly 86, no. 3 (2012): 507–25. http://dx.doi.org/10.5840/acpq201286342.
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Rajabi-Ardeshiri, Masoud. "The Rights of the Child in the Islamic Context: The Challenges of the Local and the Global." International Journal of Children's Rights 17, no. 3 (2009): 475–89. http://dx.doi.org/10.1163/157181809x445331.
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AbstractWithin the Islamic context, it is strongly believed that Islamic principles are fully compatible with the international concepts of human rights. Nevertheless, Islamic Shariah law has been condemned by the widespread secular discourse on universal human rights as a blatant violation of human rights. Carrying out a thematic analysis of the main Islamic Conventions/Declarations on Human Rights and the Rights of the Child, issued and ratified by the largest Islamic inter-governmental body, the Organization of the Islamic Conference (OIC), this paper reveals that although the first Islamic Conventions/Declaration on the Rights of the Child (during 1980s) largely reiterated the religious rhetoric of Islam's commitment to children's rights, since then the Islamic states have begun to internalize a more universal understanding of human rights which reflects a change from a mainly ideological, conservative monologue into a more universal dialogue.
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Pieterse, Hendrik J. C., Johannes A. Van Der Ven, and Jaco S. Dreyer. "Human Rights in the Name of God?" Religion and Theology 8, no. 1-2 (2001): 165–206. http://dx.doi.org/10.1163/157430101x00080.
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AbstractThis article is a study of the tension which arises because South Africa is a religious society within a secular state, or a secular state embedded in a religious society. The belief in God among Grade 11 students in the Johannesburg/ Pretoria region is investigated, and questions are posed as to the role belief in God plays in the formation of their attitudes towards human rights. Fundamental aspects of the relationship between belief in God and human rights are dealt with, students' belief in God is investigated and described, and finally, it is asked whether the students believe that there is a God of human rights.
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Nurhadi, Nurhadi. "Philosophical Values for Children's Legal Rules in the Positive Law of Islam Indonesia." Al-Ahkam Jurnal Ilmu Syari’ah dan Hukum 5, no. 1 (September 11, 2020): 15–24. http://dx.doi.org/10.22515/alahkam.v5i1.1775.
Full textAbstract:
Abstract The obligation to provide for a child is prioritized by a father, but if it is not capable, then the mother will take it. Ages earn a living from 0 to 21 years or get married. If a civil servant then the child salary is 1/3. The philosophy of child care obligations in Islamic UUP, if viewed from the axiological aspect of the benefit of the law, then the livelihood of children is a medium to achieve people's welfare, with the fulfillment of children's livelihood means that they have prepared quality human resources in the future, because in their livelihood three children aspects of fulfilling basic needs of children, namely primary needs, children's spiritual (psychological) needs and children's intellectual needs. From the axiological aspect of legal justice, the fulfillment of children's livelihood is full of the values of theological justice, social justice and gender justice. Whereas from the axiological aspect of legal certainty, the existence of legal sanctions on family law legislation serves as social control as a preventive measure to prevent acts of neglect of the child and repressive (forcing) parents to provide for the child by paying them later, as guarantee of child rights (child rights).
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Laksmi Dewi, Putu Ayu Diah, I. Nyoman Sujana, and Putu Ayu Sriasih Wesna. "IMPLICATIONS OF INTERFAITH MARRIAGE DIVORCE ON CHILDREN'S CARE RIGHTS IN INDONESIA." Journal of International Legal Communication 4 (March 31, 2022): 50–54. http://dx.doi.org/10.32612/uw.27201643.2022.1.pp.50-54.
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This research is a normative legal research, which concerns the implications of the Divorce Divorce Marriage of Different Religious Against Child Custody. Problem 1). What is the legal protection for interfaith marriages in Indonesia?, 2). What are the implications of the divorce of interfaith marriages for child custody? The purpose of this study was to determine the implications of divorce between different religions for child custody. The benefit of this research is to provide input for the government to take a policy and provide knowledge to the public about interfaith marriages. Results of the discussion: 1). Based on article 35 of the Population Administration Act of interfaith marriages can be recorded based on the determination of the Court as long as it does not violate legal norms and norms of decency, because the Marriage Act does not mention that interfaith marriages are prohibited. 2). If no agreement is found, the court will decide who has the right to obtain custody of the child. Conclusions: 1). Interfaith marriages can be recorded if based on the determination of the court in accordance with the provisions of the Law on State Administration article 35 letter a. 2). Child custody of a minor falls to the care of his mother, as long as the mother has never been proven guilty in court. While a child who is capable of law can choose between his father or mother as the holder of the right to care.
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van der Veer, Peter. "Minority Rights and Hindu Nationalism in India." Asian Journal of Law and Society 8, no. 1 (February 2021): 44–55. http://dx.doi.org/10.1017/als.2020.51.
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AbstractIn this paper, I want to focus on some aspects of the political process in India that have an impact on the treatment of religious minorities. Much of the discussion on multicultural jurisdictions deals with differentiated citizenship rights that allow religious groups to maintain their normative universe. This literature shows the tensions surrounding individual and group rights. I want to approach the question of religious freedom from a rather different angle. I want to first focus on the protection of bare life in the face of religious violence and then examine the issue of conversion from one religion to another. The issues of human security and conversion are linked in India, since Hindu nationalists see Muslims as forcibly converted Hindus who should be reconverted. To highlight the importance of majoritarian nationalism rather than political systems in the treatment of religious minorities, I offer a brief comparison with China.
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Sepma, Armevya, and Yenni Erwita. "Pemberian Hak Nafkah Anak Pasca Perceraian di Pengadilan Agama Jambi." Zaaken: Journal of Civil and Business Law 1, no. 2 (October 1, 2020): 344–58. http://dx.doi.org/10.22437/zaaken.v1i2.9434.
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This thesis studies the Granting of Post-Divorce Children's Rights by using 2 decisions as a comparison. Based on Law Number 1 of 1974 concerning Marriage, Law Number 50 of 2009 concerning Religious Courts, Government Regulation of the Republic of Indonesia Number 9 of 1975 Concerning the Implementation of Law Number 1 of 1974 concerning Marriage, Compilation of Islamic Law, and Judges' Courts Jambi religion. The research aims to find out and analyze how the implementation of judges' decisions on children's living rights after divorce in Jambi religious court. Formulation of the problem: (1) How is the granting of post divorce rights in the Jambi Religious Court? (2) What are the factors in the non-implementation of post divorce rights for child divorce in the Jambi Religious Court? Research using empirical juridical legal methods related to the provision of children's living rights after divorce, giving children the right to life is very often, parents ignore their responsibilities so that it does not run in accordance with the contents of the Judges' Decision because the implementation of this ruling lacks concern for the parties to get their rights in accordance with the contents of the Court's decision. The cause is economic factors and communication factors that have broken up after the divorce. While the efforts taken by the mother if the husband does not pay the cost of living then he can submit an execution to the Religious Court. Keywords: Child; Living; Divorce Abstrak Skripsi ini mengkaji tentang Pemberian Hak Nafkah Anak Pasca Perceraian dengan menggunakan 2 putusan sebagai perbandingan. Berlasndaskan Undang-undang Nomor 1 Tahun 1974 Tentang Perkawinan, Undang-undang Nomor 50 Tahun 2009 Tentang Peradilan Agama, Peraturan Pemerintah Republik Indonesia Nomor 9 Tahun 1975 Tentang Pelaksanaan Undang-undang Nomor 1 Tahun 1974 Tentang Perkawinan, Kompilasi Hukum Islam, serta Putusan Hakim Pengadilan Agama Jambi. Penelitian bertujuan untuk mengetahui dan menganalisis bagaimana pelaksanaan putusan hakim terhadap hak nafkah anak pasca perceraian di pengadilan agama jambi. Rumusan masalah: (1) Bagaimana Pemberian Hak Nafkah Anak Pasca Perceraian di Pengadilan Agama Jambi? (2) Apa Faktor-faktor tidak terlaksananya Pemberian Hak Nafkah Anak Pasca Perceraian di Pengadilan Agama Jambi? Penelitian menggunakan metode hukum yuridis empiris terkait pemberian hak nafkah anak pasca perceraian, pemberian hak nafkah anak sering sekali, orang tua mengabaikan tanggung jawabnya sehingga tidak berjalan sesuai dengan isi Putusan Majelis Hakim dikarenakan Pelaksanaan putusan ini kurang adanya perhatian bagi para pihak untuk mendapatkan hak nya sesuai dengan isi putusan Pengadilan. Penyebabnya adalah faktor ekonomi dan faktor komunikasi yang telah putus setelah terjadinya perceraian. Sedangkan upaya yang ditempuh oleh ibu jika suami tidak membayar biaya nafkah maka ia dapat mengajukan eksekusi ke Pengadilan Agama. Kata Kunci : Nafkah; Anak; Perceraian
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Purnamasari, Ika. "Analysis of Child Rights Violation: Forced Marriage Underage and Collaborative Practice." Jurnal Kesehatan 10, no. 1 (June 26, 2021): 8. http://dx.doi.org/10.46815/jkanwvol8.v10i1.111.
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Children's rights are part of human rights that must be guaranteed, protected and fulfilled by parents, family, community, state, government and local government. This article discussed the analysis of a case of violation of children's rights in the form of forced marriage to a child. The case description is an 11-years old girl forced to marry a 50-years old man. The child was bleeding and frightened and then the child was admitted to a hospital. The question that arises based on the description of the case is "How is the collaborative practice in handling the child while in hospital treatment in terms of the Child Protection and Patient Safety Law?". The analytical method used in this case description was a literature study that focuses on reviewing legal aspects, patient safety and collaborative practice in handling the case. The results of the analysis show that in this case there has been a violation of the Child Protection Law, the child must receive safety during treatment and receive collaboration from multi-disciplinary professions. Every child has the right to grow and develop according to his/her age safely and in accordance with his dignity as a human being.