Academic literature on the topic 'Rights of the biological father'
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Journal articles on the topic "Rights of the biological father"
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Louw, Anne. "The Constitutionality of a Biological Father's Recognition as a Parent." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 13, no. 3 (June 19, 2017): 155. http://dx.doi.org/10.17159/1727-3781/2010/v13i3a2688.
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Despite the increased recognition afforded to biological fathers as legal parents, the Children's Act[1] still does not treat fathers on the same basis as mothers as far as the automatic allocation of parental responsibilities and rights is concerned. This article investigates the constitutionality of the differential treatment of fathers in this respect, given South Africa's international obligations, especially in terms of the United Nations Convention on the Rights of the Child, to ensure that both parents have common responsibilities for the upbringing of their child. After a brief consideration of the constitutionality of the mother's position as parent, the constitutionality of the father's position is investigated, firstly, with reference to Section 9 of the Constitution and the question of whether the differentiation between mothers and fathers as far as the allocation of parental responsibilities and rights is concerned, amounts to unfair discrimination. The inquiry also considers whether the differentiation between committed fathers (that is, those who have shown the necessary commitment in terms of Sections 20 and 21 of the Children's Act to acquire parental responsibilities and rights) and uncommitted fathers may amount to discrimination on an unspecified ground. Since the limitation of the father's rights to equality may be justifiable, the outcomes of both inquiries are shown to be inconclusive. Finally, the legal position of the father is considered in relation to the child's constitutional rights – the rights to parental care and the right of the child to the paramountcy of its interests embodied in Section 28 of the Constitution. While there appears to be some justification for the limitation of the child's right to committed paternal care, it is submitted that an equalisation of the legal position of mothers and fathers as far as the automatic acquisition of parental responsibilities and rights is concerned, is not only justified but imperative if the constitutional rights of children are to be advanced and protected.[1] 38 of 2005.
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Nduna, Mzikazi. "Growing Up Without a Father and a Pursuit for the Right Surname." Open Family Studies Journal 6, no. 1 (December 31, 2014): 31–38. http://dx.doi.org/10.2174/1874922401406010031.
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Young people who grew up without their biological fathers may or may not use their surnames. This paper contributes to an understanding of young people’s views of the relevance of a biological paternal surname. We conducted gender-matched in-depth interviews with 73 volunteers aged 14-39 in two South African provinces and transcribed and translated audio-recorded home language interviews into English. The findings indicate that the pursuit for using a biological father’s surname was motivated by seeking ancestral protection, seeking one’s father so that he could play an overseeing role in rituals, and citizenship rights; some participants believed that the use of a biological father’s surname was essential for registration for an identity document, passport, marriage and death certificate. However, there was no agreement in the data about the importance and usefulness of using a biological father’s surname. In conclusion, the article maintains that the father’s surname is important for some children who grew up without their fathers.
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Ula, Faizatul Fil, Risma Meliyana, Rohmatul Ilahiyah, and Mohammad Tohir. "Hak Waris Bagi Anak Hasil Zina dalam Kajian Ilmu Matematika dan Hukum Islam." FOKUS Jurnal Kajian Keislaman dan Kemasyarakatan 5, no. 2 (December 28, 2020): 197. http://dx.doi.org/10.29240/jf.v5i2.1797.
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Mawaris in the fiqh discourse is commonly referred to as the science of faraidh. Faraidh discusses the issue of inheritance rights (tirkah) to the heirs of the owner who has passed away. One of the problems related to inheritance law is the inheritance rights for a child resulting from adultery and its distribution mathematically. Hence, this study aims to describe the role of mathematics in the distribution of inheritance rights for a child resulting from adultery based on the Islamic law. The research method used is a literature study, documentation, and focused discussion. The subjects in this study are inheritance and Islamic law, while the objects are children of adultery. The results show that: (1) the ability to perform basic operations and mathematical fraction operations plays an active role in the distribution of inheritance rights for a child resulting from adultery; (2) choosing the right problem-solving strategy is very helpful in distributing inheritance rights for a child resulting from adultery; (3) the role of mathematics in the distribution of inheritance rights for a child resulting from adultery can minimize the controversy that often occurs in society; (4) Islamic law has determined that a child resulting from adultery does not fester on the part of the biological father, but on the side of the biological mother even though the one who married the biological mother is the biological father; (5) a child resulting from adultery only gets inherited property from the biological mother, while from the biological father's side, that child only gets obligatory assets; and (6) the decendant’s status falls on the biological father if the child has been born for more than 6 months after the marriage contract between the parents
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Hafidzi, Anwar, Nadiyah Khalid, and Rina Septiani. "THE BIOLOGICAL FATHERS HAVE CIVIL RIGHTS WITH EVIDENCE AND CONVICTION OF THEIR CHILDREN." Jurnal Ilmiah Al-Syir'ah 18, no. 2 (December 27, 2020): 127. http://dx.doi.org/10.30984/jis.v18i2.1127.
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This paper aims to prove that Biological Children can provide Civil Relations with their fathers if they have an apparent legal force. This study differs from other researchers in the comparative aspect of normative Law and Islamic Law. This difference lies in the Constitutional Court decision results, which states that children produced outside of marriage have a civil relationship with the mother and family of their mother, father, and family of their biological father, which can be proven by DNA testing between them. Meanwhile, according to Islamic Law, children outside of marriage (Zina) only have a civil relationship or blood relationship with the mother and the mother's family. The method used in this research is a literature review with a normative approach to the Constitutional Court decision and the Scholar's opinion on children outside of marriage (Siri). This research found that children can biologically provide civil relations with their parents if done in marriage and proven by clear legalities such as witnesses and marriage documents. The presence of a decision of the Constitutional Court is a legal assurance or defense of the human rights of a citizen, whether they have the correct data and facts to their civil relations.
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Sandimula, Nur Shadiq. "THE STATUS AND RIGHTS OF AN ILLEGITIMATE CHILD ACCORDING TO MAZHAB ASY-SYAFI'I PERSPECTIVE ON THE DEVELOPMENT OF ISLAMIC FAMILY LAW IN INDONESIA." Jurnal Ilmiah Al-Syir'ah 17, no. 2 (December 18, 2019): 121. http://dx.doi.org/10.30984/jis.v17i2.952.
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The problem of free social interaction brings a grave danger to society which is involved the sexual act out of wedlock which is known as fornication (zina) and causes a harming impact on their offspring psychologically, socially and religiously in the society. This paper is trying to analyze the perspective of an order of Shafi'i on the statuses and the rights of an illegitimate child. Based on library research, this research used a descriptive analysis method to derive the data and information from primary classical textbooks of mazhab Shafi'i. The result of this research shows that according to mazhab Shafi'i, a child who was born under six months after intercourse with her legal husband is believed to be an illegitimate child of another man. The children are not related to his/her biological father and the status of the child for his / her father is an ajnabiyya (non-mahram). If the child is a girl, her biological father is fully permissible to marry her. In the conclusion, the child is not related to his / her biological father and does not have any rights from his/her biological father whether a right to receive household expenses, a guardianship for marriage, and rights of inheritance.
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Marpi, Yapiter. "PERSPEKTIF HUKUM TERHADAP STATUS ANAK LUAR NIKAH DALAM MEMPEROLEH HAK WARIS KOMPILASI HUKUM ISLAM." As-Syar'i : Jurnal Bimbingan & Konseling Keluarga 1, no. 2 (March 25, 2020): 158–66. http://dx.doi.org/10.47467/as.v1i2.93.
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ABSTRACT
This study aims to determine and discuss the perspective of inheritance law on the status of out-of-wedlock children in obtaining the inheritance rights of Islamic law compilation. The method used is a qualitative method using secondary data and primary data for completeness of data, data analysis used using normative analysis. Based on the results of research, among others, first, the position of out-of-wedlock children according to Islamic Law is based on nasab as the legality of family relations based on blood relations, as a result of legal marriage. The problem is that there is no relationship between the child's relationship with his biological father; there are no rights and obligations between the child and his biological father, inheritance and so on; if by chance the child is a woman, then the biological father cannot be the guardian, so that the guardian can be a child out of wedlock; secondly, the status of inheritance rights for out-of-wedlock children according to Islamic law only have a mutual inheritance relationship with the family from the mother's side, however there is a need for legal breakthroughs related to this, namely in the Islamic inheritance system, there are grant institutions in the form of giving biological father's day and can also the wills of the Mandatory from his biological father.
Keywords; Inheritance rights, out-of-wedlock children, compilation of islamic law.
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Purwaningsih, Sri Budi. "Outer Children Marriages Status After Constitutional Court Decision No: 46/PUU-VII/2010." Rechtsidee 1, no. 1 (March 19, 2016): 119. http://dx.doi.org/10.21070/jihr.v1i1.99.
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The decision of the Constitutional Court of the Republic of Indonesia No.46/PUU-VIII / 2010 dated 17 February 2012, granted the judicial review of Article 43 (1) of Law No. 1 of 1974 on Marriage by deciding that the article should read "Children who are born outside of marriage just had a civil relationship with her mother and her mother's family as well as with men as a father who can be proved based on science and technology and / or evidence, has blood ties according to law, including a civil relationship with his father's family". This Indonesian Constitutional Court's decision bring Juridical consequence that illegitimate children not only have a legal relationship with her mother, but also has a legal relationship with the father (biological) and his father's family, as long as it is proven with science and technology. The Constitutional Court's decision is a starting point in the legal protection of illegitimate children, namely the "right alignment" between the illegitimate child with the legitimate son. Illegitimate children have the rights to demand their civil rights toward their father (biological) as the same rights obtained by the legitimate son. How To Cite: Purwaningsih, S. (2016). Outer Children Marriages Status After Constitutional Court Decision No: 46/PUU-VII/2010. Rechtsidee, 1(1), 119-130. doi:http://dx.doi.org/10.21070/jihr.v1i1.99
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Shanley, Mary L. "Fathers' Rights, Mothers' Wrongs? Reflections on Unwed Fathers' Rights and Sex Equality." Hypatia 10, no. 1 (1995): 74–103. http://dx.doi.org/10.1111/j.1527-2001.1995.tb01354.x.
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This article examines arguments concerning the right of an unwed biological father to consent to the adoption of his offspring, and to take custody of the child even against the mother's wishes. The understanding of gender-neutrality that supposedly supports many such arguments is false, and risks diminishing women's decision-making authority under the guise of sex equality. Laws governing unwed parent's rights must emphasize the centrality of parental responsibility in establishing parental rights.
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Hamam, Hamam. "The Status of Outside Marriage Children (The Study of Constitutional Court Regulation No. 46/PUU-VIII/2010 on February 27th, 2012 Based on the Fuqaha' Perspective)." International Journal of Educational Research & Social Sciences 2, no. 3 (June 29, 2021): 574–84. http://dx.doi.org/10.51601/ijersc.v2i3.85.
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Fornication is a kind of jarimah (felony) resulting in confusion of the biological father. However, nowadays, there is clarity on the status of the children out of marriage. The Constitutional Court issued a decision of regulation No. 46/PUU-VIII/2010 on February 27th, 2012 about the out wedlock children who have a civil relationship and the blood rapport with their biological father as long as it can be proven biologically. This regulation drives some criticisms from various parties; the pro-side of the Court Regulation will claim it in the term of the doer of the adultery, while the contra-side of the Court Regulation will review it in the term of legalized the adultery. Furthermore, the aims of this study are: First, to know the opinion of jurists' law (fuqaha‟) about the status of the out of wedlock children; Second, to find the legal implications of the out of wedlock children after the application of the Constitutional Court regulation No. 46/PUU-VIII/2010 on February 27th, 2012 based on the Fuqaha' perspective?. Moreover, this study uses the library research. The data are collected through the documentary of the primary and secondary data sources. The collected data are, then, analyzed qualitatively by using the content analysis. The results of this study are: Firstly, This according by the Shafi'i jurists' of four and the ad-Dzahiri the out of wedlock children (bastard) are not related to their biological father, but they are related to their biological mother and her family. Secondly, This according by some groups of Hanafi and Shaykh of Islam Ibn Taymiyah corroborated by ibn Qayyim al-Jauziyyah the wedlock children (bastard) are related to the men as their biological father and their father's family. Thirdly, the Constitutional Court (MK) regulations do not have any legal implications associated on the civil relationships of the out wedlock children (natural children) with their biological father. Moreover, the attitude of the biological father is classified as a jarimah (felony), and it is entitled to a penalty of the ta'zir; it is an obligation to provide the children, which the amount is considered to the fit and proper in accordance income of his; while the other civil rights includes the right of lineage, inheritance, and the rights of guardians. The ta'zir punishments in the provision of livelihood can be executed after the filing of a lawsuit and obtain an order from the Religion Court. The provision of the living is solely to satisfy the justice and legal protection for the interests of children's rights.
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Sabrina, Nahdiya, Thohir Luth, Masruchin Rubai, and Nurini Aprilianda. "Discrimination against Children Born Outside of Marriage in Indonesia." International Journal of Multicultural and Multireligious Understanding 7, no. 9 (October 1, 2020): 121. http://dx.doi.org/10.18415/ijmmu.v7i9.1930.
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The protection of Indonesian children as the nation's next-generation that is free from discrimination has not been fully implemented, it is evident in our society that there are still many children who do not get enough attention in protecting and fulfilling their rights. Children born out of wedlock are sometimes not recognized and neglected by their biological father. Unlike legitimate children whose rights are guaranteed and there are sanctions if these rights are not fulfilled by the father, for children born outside of marriage there is no penalty if the biological father neglects them. The method used in this research is the normative legal research method. This paper discusses the conditions of children born outside of marriage in Indonesia, discrimination against children born outside of marriage in Indonesia, and expectations for children born outside of marriage in Indonesia. Currently, there are no laws and regulations that state sanctions if the biological father does not want to be responsible for the birth of this child. This is certainly not in accordance with the mandate of the 1945 Constitution of the Republic of Indonesia Article 28D paragraph (1) which reads: “Everyone has the right to recognition, guarantee, protection and legal certainty that is just and equal treatment before the law.
Dissertations / Theses on the topic "Rights of the biological father"
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Young, Julius A. Jr. "Charles Hamilton Houston as the father of the Civil Rights Movement." DigitalCommons@Robert W. Woodruff Library, Atlanta University Center, 2013. http://digitalcommons.auctr.edu/dissertations/751.
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This study explores the idea of who was the first to foster a national movement to weaken Jim Crow laws. This study was based on the premise that Martin Luther King, Jr. was an important figure, but not the actual father of a movement to grant blacks equal rights, as many suggest. A case study analysis approach was used to analyze data gathered including primary sources, personal letters from Charles Hamilton Houston to his parents and friends, as well as court documents related to cases he argued in federal and state courts. In addition newspaper/magazine articles from Houston's time, articles focusing on him after his death, and sociological studies from that time were also utilized. The research found that Charles Hamilton Houston was the first black lawyer to challenge "separate but equal" with national success. Houston used empirical and scientific data of that time to show the facilities were not. The conclusion drawn from the findings suggests that the legal victories Houston achieved provided all Americans with a basis from which to challenge segregation and unequal treatment under the law in America.
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Ives, Jonathan. "Becoming a father/refusing fatherhood : how paternal responsibilities and rights are generated." Thesis, University of Birmingham, 2007. http://etheses.bham.ac.uk//id/eprint/254/.
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In this thesis I explore, both philosophically and empirically, the moral significance of genetic relatedness within the father/child relationship. In doing so I utilise a novel ‘empirical bioethics’ approach, in which I use specifically gathered qualitative data to inform the philosophical debate. I present qualitative data, gathered over 12 focus groups, which explores men’s normative constructions of fatherhood. The data suggests that fatherhood is essentially a social relationship, constructed within a narrative of responsibility, and that there is a distinction between being a ‘father’ and being a ‘progenitor, both of which give rise to different kinds of responsibilities and rights. I go on to construct a normative framework of paternal rights and responsibilities, which is informed by the qualitative data. I make a distinction between ‘material’ and ‘paternal’ responsibility, and in doing so I argue that a man can cause a child to exist, and be fiscally responsible for a child, without being a father. I argue that a man becomes a father (in a valuable sense), and earns paternal rights, when he accepts paternal responsibility and forms a paternal relationship with a child.
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Dalzell, Ann. "'It just hasn't happened yet': stories of not being a biological father." Thesis, University of Bristol, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.658209.
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The lived experiences of men who are childless and want to be biological parents are rarely heard. This in-depth narrative study focuses on the stories of five men who want to be biological fathers but who do not have children for reasons other than male infertility. The aim of this research is to explore and understand how each man navigates not being a biological father within the contours of pronatalist constructs which, politically, culturally and socially, support prevailing assumptions regarding men who are not fathers. In recogmtlOn of the differently patterned and multi-layered configurations of the relationships these men have with being childless - and in order to remain close to the detailed stories of each man - this research is carried out within a narrative inquiry, anchored in postmodern/poststructural, feminist, thinking, interwoven with critical reflexive and visual inquiry practices. To acknowledge the liminal spaces between expectations of fatherhood and lived experiences of being childless, and to embrace multiple responses to these narratives, this research is presented in the physical form of a literary triptych. The creation of the three books making up the thesis - 'stories of 'expert' knowledges', 'stories of not being a biological father' and 'stories of multiple meanings' - dissipates possible assumptions that one set of stories has authority over others. The triptych is accompanied by an introductory set of 'gallery notes'. Through our unstructured research conversations, this group of men generate rich stories of pronatalist pressures, opportunities to parent, making choices, looking for the 'right' woman, outsiderness, the impact of a 'moral panic' around men and children, fantasies of fatherhood and fathering, as well as revising individual assumptions that becoming a father was inevitable. These stories are told within the context of relationships, race, history, shifting identities and engagements with heteronormative expectations. This research has implications for individuals in relationships with men who are not fathers and those in professional roles within, for example, healthcare, counselling, education, social policy making and reproductive sociology. The narratives arising out of this research encourage a (re)view of personal/institutional/professional assumptions about childless men who want to become fathers.
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Williams, George Russell. "The associations between biological father involvement (quantity and quality) and family support with adult child well-being." Diss., Kansas State University, 2016. http://hdl.handle.net/2097/32866.
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Doctor of PhilosophySchool of Family Studies and Human Services
Walter R. Schumm
The purpose of this dissertation was to investigate factors related to quantity and quality of biological father involvement in non-intact families and family support and their association with young adult child outcomes. The independent variables examined were the biological father's number of years living with his child, early, middle and late developmental periods present, number of transitions, and relationship quality with the young adult child during childhood. The dependent variables were related to sexual health and five distinct domains that have emerged from the research literature: 1) education, 2) economic, 3) physical, 4) social, and 5) emotional. This dissertation drew on a subsample of the 2,988 respondents of the New Family Structures Study (NFSS). Biological fathers were examined from non-intact families (n = 1793) of which 1,080, lived with their child for at least part of a year. The Father Adult-child Involvement Relationship Outcomes (FAIRO) Model was developed with current literature and theory to form quantity and quality father involvement hypotheses and test those using mean comparisons, bivariate, and multivariate analyses. This study detected weak to moderate positively statistically significant associations between the quantity and quality of the biological father involvement in the non-intact families and young adult child outcomes. The results seemed to indicate the importance of the role of the father; even in a non-intact family where the father spends time apart from his children, he is still able to influence the outcomes of his children. The findings pointed to the need for further research into fatherhood transitions, early involvement, and the salient influence of family support. This research takes a small step in examining quantity and quality father involvement associations on young adult outcomes to make an incremental contribution to the research, theory, and practice of father involvement that may benefit the future well-being of children.
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Herrell, Bradley. "Perceptions of Student Experiences in Secondary Education Without the Presence of a Biological Father." Digital Commons @ East Tennessee State University, 2020. https://dc.etsu.edu/etd/3736.
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This qualitative study examined the perceived impact of absent fathers on students’ emotional, social, and academic constraints. Many factors can contribute to the loss of a father; so, for the purpose of this research, the researcher examined the impact of the absent father through incarceration and divorce. The research may enable educators to identify the challenges, celebrate victories, and explore what it the phenomenon of an adolescent without the presence of your biological father in our community, from the perspective of the educators.
Information gathered through the administration of educator perception interviews was utilized to identify how an absent father manifests in our secondary students. The educators answered the questions based solely on their perceptions of students without a father they have encountered throughout their careers. The analysis of the data collected for the study allowed the researcher to develop an understanding of the social, emotional, and academic effects of father absence. The data collected could be utilized to teach educators how to recognize and react to the perceived implications of an absent father on a secondary student.
The educators perceived that these students without a father are consistently searching for a father-figure to fill the void left by the absent father. The participants tended to perceive that this lack of a family structure can also lead to disciplinary, relational, academic, emotional, and communication struggles for these students. The perception of poverty and sadness or emptiness often exists, leading to low confidence, low motivation, and a lack of accountability. The perception of the educators was that the lack of security led to overall concern for responsibility and work ethic.
The lack of structure outside the school can contribute to questioning authority or being disrespectful. The lack of discipline at home is perceived to equate to a poor work ethic, low amounts of responsibility, and a low quality of work. These students sometimes have a low self-esteem, thus low expectations and little attention to detail. It may not be the priority of the student to complete all work and therefore they become apathetic with low confidence and expectations for academic success.
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Kock, Martine Sue. "An explorative study of the experiences of partners and adolescent children when the biological father is incarcerated." University of the Western Cape, 2015. http://hdl.handle.net/11394/4720.
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Magister Artium (Social Work) - MA(SW)Fatherhood is a role that is understood and exercised differently, but to most it infers a responsibility to provide and protect. Fatherhood is associated with manhood, in the sense that a man is expected to take on the role of fatherhood. The relationship between manhood and fatherhood is: the physical act of begetting a child (manhood) and the processes of accepting, as well as, performing, the role of a father (fatherhood). A paternal identity, or a man’s identity as a father, comprises of all the internalized expectations of behaviour that he has associated with being a father (e.g. being a breadwinner, being a caregiver). In the Western world, it is widely accepted that a man becomes a father when he impregnates a woman; however, masculinity is neither biologically determined nor automatic. There are many different, culturally sanctioned ways, of being a man; not only one universal masculinity. It can therefore be presumed that masculinity/fatherhood/manhood is acted or performed. This study focuses on biological fathers, instead of the broader concept of father figures. Any male can fulfil the role of a father figure to a child and take responsibility for rearing a child, but biological fathers indicate a blood relationship and a biological connection. A paternal father also retains his status as a biological parent of a child, regardless of the level of subsequent contact or involvement in the child’s life. The aim of this study is to explore the experiences of the partners and adolescent children, when biological fathers are incarcerated. In order to do this, an assessment of the biological father’s experiences, in prison, is first implemented. Paternal incarceration places a strain on families, especially children, who experience parent-child separation. The unexpected separation of a child from the parent can be linked to various emotional consequences. Incarceration limits fathers ‘familial involvement and parenting capacity’, thereby compromising family relationships. Incarcerated fathers are separated from their partners and children, which limits family contact in many ways, weakening familial bonds, not only while time is being served, but also after release. The incarcerated man also experiences a sense of insignificance, being devalued as a person and powerless.A qualitative research approach was used to explore the objectives of the study. Purposive sampling was used to select twenty incarcerated participants for this research. Due to the strict selection criteria, only fourteen (14) were eventually chosen to participate in the study. Their fourteen (14) spouses/partners and biological adolescents were also expected to participate, however, only four (4) partners, one (1) significant carer and 5 adolescents formed part of the sample for this study, due to some partners not wanting to expose their adolescents, nor their personal details, to scrutiny and others simply not being interested to participate. Data was collected by using semi-structured interviews with face-to-face interaction, open-ended questions (with fathers) and focus discussion groups (with the partners, significant carer and adolescents). Although the theoretical framework focuses on Attachment Theory, the study also considers other principles of criminological theories, regarding the identified increase in child disruptive and criminal behaviour, caused by parental incarceration. A thematic data analysis approach was used to extract themes. The main findings of this study show that the fathers experienced difficulties with maintaining their role as a father prior to, and after, incarceration. They were concerned about the financial adversity their families had to endure when they were imprisoned and the mothers/partners being forced into single parenthood. They also felt excluded from all decision-making processes and isolated from the development of their children. The partners experienced financial difficulties, loneliness and humiliation, as a result of the biological father’s incarceration. The significant carer, who was involved as a result of the biological mother not being able to fulfill the caring role, identified the problems experienced as financial difficulties, lack of child-care support and, in some cases, the substance abuse of the biological mother. The separation affected the adolescent children psychologically, when they were exposed to the stigma attached to having a father, who was incarcerated. They also identified feelings of abandonment because of the lack of a father-child relationship and being deprived of opportunities to share important events and personal achievements with their biological father.
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Scheepers, Chanéll. "The general responsibilities and rights of an unmarried father in terms of the Children’s Act 38 of 2005 / Chanéll Scheepers." Thesis, North-West University, 2011. http://hdl.handle.net/10394/8423.
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This thesis explores the impact of the new Children’s Act, Act 38 of 2005 on the
acquisition by unmarried fathers of parental responsibilities and rights. The research
has shown that the Children’s Act has fundamentally transformed the way in which
parental responsibilities and rights are acquired.
Parental responsibilities and rights can now be automatically acquired by a
committed unmarried father. Although the Act has undergone major changes,
unmarried fathers must still satisfy many more requirements than mothers, and thus
it is asserted that the Act is deemed not to have been progressive enough.
Granting full parental responsibilities and rights to both parents, based on their
biological link to the child, would meet the constitutional demands of sex and gender
equality. This would also place the focus on the child, and the best interests of the
child. The importance in securing these best interests that the presence of both
parents has in the life of the child is emphasised.Thesis (LL.M. (Comparative Child Law))--North-West University, Potchefstroom Campus, 2011
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Brent, Eric Von Sr. "Fatherless Households: Factors Contributing to the Academic Outcomes of High School Male Students." Diss., Virginia Tech, 2017. http://hdl.handle.net/10919/85051.
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High school males from fatherless households are less likely to receive the needed support to succeed in school than their peers from two parent households (Astone and McLanahan, 1991). Research indicated that the biological father's influence will sway the male child's overall development (Jones, 2004). This qualitative study explores the connections between fatherless households and school achievement among high school males. Its purpose is to enlighten school leadership about strategies for assisting high school males from fatherless households with obstacles that may affect their school performance.
The grounded theory study includes findings from one-on-one interviews of seven adult males from fatherless households, ages 28 and older, with varying careers, education, and marital status backgrounds who currently work or previously worked in some capacity with high school males from fatherless households. During the interview, common words, responses, shared experiences, and patterns emerged that identified factors that contribute to the academic outcomes of high school male students. Findings include the following: 1) Relationships with the biological father, biological mother, as well as the relationship between the father and mother, have a positive or negative emotional effect on high school males; 2) High school experiences and factors, such as academics, attendance, discipline, and various obstacles were impacted by fatherless households; 3) The influences of biological and other adult males are critical to the academic success of high school males from fatherless households; 4) There are positive and negative factors that affect high school males from fatherless households; and 5) Various roles, strategies, and programs contribute to the academic success of high school males from fatherless households. In addition to these findings, this study identifies further research needed for educators to explore other facets of high school males from fatherless households and school performance.Ed. D.
This research study explores the connections between fatherless households and school achievement among high school males. Its purpose is to enlighten school leadership, parents, and community about strategies for assisting high school males from fatherless households with obstacles that may affect their school performance. The study includes findings from one-on-one interviews of seven adult males from fatherless households, ages 28 and older, with varying careers, education, and marital status backgrounds who currently work or previously worked in some capacity with high school males from fatherless households. During the interview, common words, responses, shared experiences, and patterns emerged that identified factors that contribute to the academic outcomes of high school male students. Findings include the following: 1) Relationships with the biological father, biological mother, as well as the relationship between the father and mother, have a positive or negative emotional effect on high school males; 2) High school experiences and factors, such as academics, attendance, discipline, and various obstacles were impacted by fatherless households; 3) The influences of biological and other adult males are critical to the academic success of high school males from fatherless households; 4) There are positive and negative factors that affect the high school males from fatherless households; and 5) Various roles, strategies, and programs will contribute to the academic success of high school males from fatherless households. In addition to the findings, this study identifies further research needed to explore other facets of high school males from fatherless households and school performance.
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Smith, Samantha. "Stolen sperm : should the law absolve an involuntary father from the duty to furnish child maintenance?" Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15196.
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The terrain of family law is increasingly complex and diverse and is constantly adapting to the changing social, cultural, political and economic landscape in which it is located. It is thus open to much development, particularly in the area of parenthood. In its simplest form, parenthood results when two consenting adults, knowingly and willingly, engage in sexual intercourse to conceive a child. The allocation of parental rights and responsibilities is therefore simplified on the basis that both parties consented to becoming parents. However, the assignment of legal parenthood is not always as clear-cut. Over the past three decades, the courts in the United States, in particular, have been tasked with adjudicating cases in which a biological father has refused to furnish child maintenance on the grounds that he was sexually forced into parenthood. These claims have highlighted the tension between biological fatherhood and legal parenthood, and have thus created a legal, ethical and practical quagmire in family law. Therefore this dissertation will explore the instances in which paternity is deceitfully imposed, the plethora of legal problems that arise and the possible legal routes open to involuntary fathers to avoid paying child support.
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Björkman, Barbro. "Ethical aspects of owning human biological material." Licentiate thesis, KTH, Philosophy and History of Technology, 2005. http://urn.kb.se/resolve?urn=urn:nbn:se:kth:diva-610.
Full textBooks on the topic "Rights of the biological father"
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Father Groppi: Marching for civil rights. Madison, WI: Wisconsin Historical Society Press, 2013.
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Heymsfeld, Carla. George Mason, father of the Bill of Rights. Alexandria, Va: Patriotic Education Inc., 1991.
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Henry, Carol Ann. George Mason, father of the Bill of Rights. [United States]: C.A. Henry, 1991.
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Food security, biological diversity, and intellectual property rights. Burlington, VT: Ashgate, 2009.
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Mahop, Marcelin Tonye. Intellectual property, community rights, and human rights: The biological and genetic resources of developing countries. New York: Routledge, 2010.
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Intellectual property, community rights, and human rights: The biological and genetic resources of developing countries. New York: Routledge, 2010.
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Alier, Abel. Excesses in human rights violations: Detention, torture and trial of Father Hilary and others. Khartoum: Azza House, 2006.
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Father & daughter: A political autobiography. Karachi: Oxford University Press, 2002.
Find full textBook chapters on the topic "Rights of the biological father"
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Friesen, Bruce K. "Biological Underpinnings." In Moral Systems and the Evolution of Human Rights, 41–53. Dordrecht: Springer Netherlands, 2014. http://dx.doi.org/10.1007/978-94-017-9551-7_4.
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D’Amico, Giacomo. "Genetic Testing and Authentication of Paternity after Death of the Putative Father: the Bio-history and Its “Costs”." In Biotech Innovations and Fundamental Rights, 145–53. Milano: Springer Milan, 2012. http://dx.doi.org/10.1007/978-88-470-2032-0_11.
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Hoerner, Dennis R. "Exchange and Release of Biological Material: One Company's Perspective." In Intellectual Property Rights: Protection of Plant Materials, 115–17. Madison, WI, USA: Crop Science Society of America, Inc. American Society of Agronomy, Inc. Soil Science Society of America, Inc., 2015. http://dx.doi.org/10.2135/cssaspecpub21.c14.
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López-Abadía, I., M. A. Martinez, A. Gremo, and J. M. Ruiz de la Cuesta. "Case Report of a Disputed Paternity with No Biological Sample from the Putative Father." In Advances in Forensic Haemogenetics, 217–19. Berlin, Heidelberg: Springer Berlin Heidelberg, 1994. http://dx.doi.org/10.1007/978-3-642-78782-9_54.
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Medaglia, Jorge Cabrera. "Intellectual Property Rights and Biological Diversity: Considerations for Latin America." In Knowledge Generation and Protection, 185–214. New York, NY: Springer New York, 2009. http://dx.doi.org/10.1007/978-1-4419-1264-0_7.
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Kovaček Stanić, Gordana. "The child's right to know their biological origin in comparative European law." In Global Reflections on Children's Rights and the Law, 199–210. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003131144-24.
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de Faria, Paula Lobato. "Ownership Rights in Research Biobanks: Do We Need a New Kind of ‘Biological Property’?" In The Ethics of Research Biobanking, 263–76. Boston, MA: Springer US, 2009. http://dx.doi.org/10.1007/978-0-387-93872-1_18.
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Staunton, Ciara. "Individual Rights in Biobank Research Under the GDPR." In GDPR and Biobanking, 91–104. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-49388-2_6.
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AbstractThe coming into force of the General Data Protection Regulation (GDPR) on 25 May 2018 has brought about considerable changes in how data may collected, stored and used. Biobanks, which require the collection, use and re-use of large quantities of biological samples and data, will be affected by the proposed changes. In seeking to require ‘data protection by design’, the GDPR provides data subjects with certain individual rights. They are, the right to be informed, the right of access, the right to rectification, the right to erasure, the right to restrict processing, the right to data portability, the right to object and rights in relation to automated decision making and profiling.This chapter will consider each of these individual rights in turn and discuss the impact on biobank research. In particular, it will discuss the challenges that are now facing biobanks in upholding the individual rights, the limits of these rights in light of the technical realities of biobanks, and the potential impact that they may have on the collection, sharing, use and re-use of biological data and material.
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McKinney, Vic. "Vic’s Story." In Physical Disability and Sexuality, 131–38. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-55567-2_9.
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AbstractIn this chapter, Vic, a project participant, writes about getting married and becoming a father after having acquired a serious physical disability in an accident. He writes about how he and his wife underwent IVF to have 2 children. He also writes about the at times inappropriate reactions and questions from others about his wife’s pregnancy and his sexuality. Vic’s story is tied to current scholarship relevant to thinking about reproductive rights and disability.
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Hartlev, Mette. "Balancing of Individual Rights and Research Interests in Danish Biobank Regulation." In GDPR and Biobanking, 215–26. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-49388-2_11.
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AbstractDenmark offers very good opportunities for biobank research. There is a vast number of well-structured and comprehensive collections of biological material, which in combination with a ‘research generous’ legislation provides an excellent environment for biobank research. However, both the Danish biobank landscape and the regulatory environment is rather complex. In contrast to a number of other countries, there is no specific biobank act in Denmark. Instead, various regulatory regimes interact, which makes it challenging to navigate in the legal landscape. It is also rather non-transparent for the individuals, from whom samples have been collected, what samples are used for, and how they can influence the use of samples for research. With the GDPR and the Danish Data Protection Act it seems that research participants’ rights have been slightly weakened in Danish law. However, it is argued, that the GDPR has the potential to ensure more awareness of research participants right against the societal and scientific interest in research.
Conference papers on the topic "Rights of the biological father"
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Sukardi. "Human Rights and Biological Needs of Prisoners." In The 2nd International Conference of Law, Government and Social Justice (ICOLGAS 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201209.307.
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Khrustaleva, Yuliya. "Taking into account the biological factor when conducting a special assessment of the working conditions of the teaching staff of departments of medical and biological profile." In Issues of determining the severity of harm caused to human health as a result of the impact of a biological factor. ru: Publishing Center RIOR, 2020. http://dx.doi.org/10.29039/conferencearticle_5fdcb03abb5020.19310252.
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Special assessment of working conditions is a single set of consistently implemented measures to identify harmful and (or) dangerous factors of the production environment and the labor process and assess the level of their impact on the employee. Conducting a special assessment of working conditions is regulated by certain normative documents (Federal law, labor code, orders of departments). The greatest difficulty is caused by the attribution of working conditions in the workplace of medical and other workers to the class (subclass) of working conditions under the influence of a biological factor. Teachers can carry out medical activities, while they are subject to the rights, duties and responsibilities of medical professionals. The implementation of the components of the concept of medical activity is the basis for assigning working conditions based on the influence of a biological factor, taking into account pathogenicity groups, to a class (subclass) of working conditions without conducting research (tests) and measurements.
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Barinov, Evgeny, Nadezhda Dobrovolskaya, Anastasia Ivanova, Ruslan Kalinin, Alexander Manin, Natalya Mikheeva, and Pavel Romodanovsky. "Patient dissatisfaction with medical dental care." In Issues of determining the severity of harm caused to human health as a result of the impact of a biological factor. ru: Publishing Center RIOR, 2020. http://dx.doi.org/10.29039/conferencearticle_5fdcb03a353ad3.76128786.
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The article provides information on the results of studying the materials of 150 commission of forensic medical examinations on the facts of patient dissatisfaction with the provision of medical care. The relevance of the problem of the legal relationship between a doctor and a patient is revealed and shown. The lack of information on these issues leads to a high probability of disputed situations in the providing dental care, so there is an urgent need for an integrated approach to the implementation of legally defined rights of patients. Media coverage of the above-mentioned problems plays an important role in improving the level of legal competence of patients. At the same time, the direct relationship between the doctor and the patient is the most important mechanism for implementing the patient's rights at the dental appointment and preventing conflicts. Behavior of doctors in such cases should be strictly regulated by normative legal acts. The process of information sharing with patients and transfer of information to the patient's relatives should receive in medical preventive institution specific legal basis under sections 30, 31, 48, 61 “Principles of legislation of the Russian Federation about health protection of citizens”, to be fixed in job descriptions with the designation of responsibility.
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Paulo, Avner, Carlos Eduardo Oliveira De Souza, Bruna Guimarães Lima e Silva, Flávio Luiz Schiavoni, and Adilson Siqueira. "Black Lives Matter." In Simpósio Brasileiro de Computação Musical. Sociedade Brasileira de Computação - SBC, 2019. http://dx.doi.org/10.5753/sbcm.2019.10459.
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The Brazilian police killed 16 people per day in 2017 and 3/4 of the victims were black people. Recently, a Brazilian called Evaldo Rosa dos Santos, father, worker, musician, and black, was killed in Rio de Janeiro with 80 rifle bullets shot by the police. Everyday, the statistics and the news show that the police uses more force when dealing with black people and it seems obvious that, in Brazil, the state bullet uses to find a black skin to rest. Unfortunately, the brutal force and violence by the state and the police to black people is not a problem only in this country. It is a global reality that led to the creation of an international movement called Black Lives Matter (BLM), a movement against all types of racism towards the black people specially by the police and the state. The BLM movement also aims to connect black people of the entire world against the violence and for justice. In our work, we try to establish a link between the reality of black people in Brazil with the culture of black people around the world, connecting people and artists to perform a tribute to the black lives harved by the state force. For this, the piece uses web content, news, pictures, YouTube’s videos, and more, to create a collage of visual and musical environment merged with expressive movements of a dance, combining technology and gestures. Black culture beyond violence because we believe that black lives matter. such as the Ku Klux Klan, which bring the black population of the world into concern for possible setbacks in their rights. In Brazil, it is not different. Brazil is the non African country with the biggest afro descendant population in the world and one of the last country in the world to abolish slavery. Nowadays, a black person is 3 times more propense to be killed and most part of the murders in the country happened to afro Brazilians. Marielle Franco, a black city councillor from Rio, the only black female representative and one of seven women on the 51-seat council was killed in 2018. The killers were two former policeman. According to Human Rights Watch, the police force in the state of Rio de Janeiro, Brazil, killed more than 8,000 people between 2005 and 2015, 3/4 of them were black men. At the same time, the African culture strongly influenced the Brazilian culture and most part of the traditional Brazilian music and rhythms can be considered black music.
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Ernesontha, Youlenta, Nurul Kurniati, and Mufdlilah Mufdlilah. "Disability Perception in Sexuality and Reproductive Health Needs: A Scoping Review." 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.01.07.
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Background: Persons with disability are every person who experiences physical, intellectual, mental, and/ or sensory limitations for a long period of time. These people may experience obstacles and difficulties to participate fully and effectively with other citizens based on equal rights. This study aimed to review the disability perception in sexuality and reproductive health needs. Subjects and Method: This was a scoping review study using the Arksey and O’Malley framework. The framework used to manage research questions was Population, Exposure, Outcome dan Study Design (PEOS). A total of 3 databases, namely Science Direct, PubMed, and Whiley were selected for this study. The data were collected by identifying relevant articles according to inclusion and exclusion criteria. Result: People with disability were human beings who can feel biological needs. Negative stigma from family, health workers, and parents were a very perceived barrier for people with disabilities. These people need to receive special attention regarding information and application of health sexual and reproductive health. Access to information can be applied in communities that gather a large number of people with disability so that it is easy for them to get information on their reproductive needs and rights. Conclusion: People with disability need special attention regarding information and application of sexuality and safe reproductive health. Keywords: persons with disability, sexuality and reproductive health Correspondence: Youlenta Ernesontha. Universitas ‘Aisyiyah Yogyakarta. Email: Youlenta0110@gmail.com. Mobile: 085245639293 DOI: https://doi.org/10.26911/the7thicph.01.07