Journal articles: 'Principio "Best interest of the child"'

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Lamarque, Elisabetta. "Il principio dei best interests of the child nella prospettiva del diritto costituzionale." MINORIGIUSTIZIA, no. 2 (June 2017): 19–29. http://dx.doi.org/10.3280/mg2017-002002.

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Candra, Sasmita Adika, Rodliyah Rodliyah, and L. Parman. "The Best Interest of The Child Principle in The Juvenile Justice System." International Journal of Multicultural and Multireligious Understanding 6, no. 4 (September 29, 2019): 490. http://dx.doi.org/10.18415/ijmmu.v6i4.1017.

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Children are Nation Assets who have limitations in understanding and protecting themselves from the various influences of the existing system, therefore protection efforts are needed. Research Objectives analyze the concept of the best interests of children in the juvenile criminal justice system, the application of the principle of best interest for children in sexual abuse cases in the Central Lombok Police Station. Empirical legal research methods. Results of research Setting the principle of best interest for children in Law Number 11 of 2012 concerning the Child Judicial System in the provisions of Article 2 letter d. The application of the principle of best interest for children in the Central Lombok Resort Police, suspects are not treated the same as adults, given the opportunity to go to school, be examined in a special room that is a PPA unit room, a PPA special investigator and dressed non-official.

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Hubbard, Ryan, and Jake Greenblum. "Parental Decision Making: The Best Interest Principle, Child Autonomy, and Reasonableness." HEC Forum 31, no. 3 (March 2, 2019): 233–40. http://dx.doi.org/10.1007/s10730-019-09373-9.

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Pobjoy, Jason M. "THE BEST INTERESTS OF THE CHILD PRINCIPLE AS AN INDEPENDENT SOURCE OF INTERNATIONAL PROTECTION." International and Comparative Law Quarterly 64, no. 2 (March 16, 2015): 327–63. http://dx.doi.org/10.1017/s0020589315000044.

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AbstractThe Convention on the Rights of the Child, and the best interests principle codified in Article 3 in particular, is playing an increasingly significant role in decisions involving the admission or removal of a child from a host State. This article examines the extent to which the best interest principle may provide an independent source of international protection. That protection may, for instance, proscribe the removal of a child from a host State notwithstanding that the child is ineligible for protection as a refugee or protection under the more traditionalnon-refoulementobligations in international human rights law.

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Widjaja, Angela Melani, Ike Yeni Kartika Sari, Hasna Firaz Isza Fadhilah, and Devi Sukma Ayuningtyas. "The Application of the Best Interest of the Child Principle as a Basis for Determining Child Custody." Unram Law Review 4, no. 2 (October 23, 2020): 163–73. http://dx.doi.org/10.29303/ulrev.v4i2.126.

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This research was conducted to introduce the principle of the best interest of the child as a basis for judges to create decisions regarding the child custody that reflects child protection. Based on this idea, the problem formulations in this research are: First of al, what is the basis for determining child custody by judges in Indonesia? and Secondly, what is the basis for determining child custody that reflects the principle of The Best Interest of The Child This paper is legal research which applies statute approach, conceptual approach, and case approach. Based on this research, it was found that Firstof all, there are differences for judges in determining child custody in Indonesia for Muslim and non-Muslim couples. For Muslim couples, if the child is 12 (twelve) years old and over, the custody of the child is prioritized to be handed to the mother and if the child is under 12 (twelve) years of age, then custody will be given to the mother. For non-Muslim couples, generally, the custody of the child will be prioritized to be given to the mother. Secondly, The basis for determining the provision of child custody that reflects the principle of the best interest of the child for Muslim couples is that if the child is over 12 (twelve) years old, therefore the judge should not necessarily prioritize giving custody to the mother, rather they must pay attention to aspects of the need and the wishes of the child. If the child is not yet 12 (twelve) years old, the judge should also consider the desires and needs of the child and not necessarily give custody to the mother. The basis for determining the granting of child custody that reflects the principle of the best interest of the child for non-Muslim couples is when the judge does not necessarily give priority to the mother, but should consider the desiresand needs of the child.

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Bellieni, Carlo. "Sospensione delle cure in pediatria: il pain principle, una scelta rispettosa della vita e della sofferenza / Withdrawal of care in pediatrics: the pain principle, respectful of life and suffering." Medicina e Morale 67, no. 4 (October 30, 2018): 407–16. http://dx.doi.org/10.4081/mem.2018.549.

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Il dibattito sul fine-vita in pediatria negli ultimi tempi ha mostrato di incagliarsi quando viene usato come principio decisionale il cosiddetto best interest del bambino, dato che esso è solitamente invocato sia dai fautori della prosecuzione delle cure sia da quelli della sospensione. Il best interest è un principio troppo elastico per essere usato in maniera semplice e rispettosa della vita e della dignità del paziente in maniera inequivocabile. In questo articolo si propone un protocollo chiamato “pain principle”, che a) misura il livello di sofferenza del soggetto, valuta se questa sia eliminabile, e in caso di dolore insopportabile passa al punto b): la diminuzione dell’intensità e invasività delle cure. Questo protocollo ha il vantaggio di evitare la sofferenza inutile, di ridurre al minimo il soggettivismo delle scelte e di non provocare mai intenzionalmente la morte del paziente, rispettandone al tempo stesso la dignità. ---------- The debate on end-of-life in pediatrics has recently proved to be stranded when the so-called best interest of the child is used as a decision-making principle, since it is usually invoked by both advocates of treatment and those of suspension. The best interest is a principle too elastic to be used in an unequivocal manner. In this article we propose a protocol called “the pain principle”, which imposes to a) measure the level of suffering of the subject, assesses whether this is eliminable, and – in the case of unbearable pain – b): to decrease intensity and invasiveness of care. The pain protocol has the advantage of avoiding unnecessary suffering, of minimizing the subjectivism of choices and of never intentionally causing the patients’ death, respecting their dignity as well.

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Daly, Aoife. "No Weight for “Due Weight”? A Children’s Autonomy Principle in Best Interest Proceedings." International Journal of Children’s Rights 26, no. 1 (March 7, 2018): 61–92. http://dx.doi.org/10.1163/15718182-02601012.

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Article 12 of the un Convention on the Rights of the Child (crc) stipulates that children should have their views accorded due weight in accordance with age and maturity, including in proceedings affecting them. Yet there is no accepted understanding as to how to weigh children’s views, and it is associated strongly with the indeterminate notion of “competence”. In this article, case law and empirical research is drawn upon to argue that the concept of weighing their views has been an obstacle to children’s rights, preventing influence on outcomes for children in proceedings in which their best interests are determined. Younger children and those whose wishes incline against the prevailing orthodoxy (they may resist contact with a parent, for example) particularly lose out. Children’s views appear only to be given “significant weight” if the judge agrees with them anyway. As it is the notion of autonomy which is prioritised in areas such as medical and disability law and parents’ rights, it is proposed in this article that a children’s autonomy principle is adopted in proceedings – in legal decisions in which the best interest of the child is the primary consideration, children should get to choose, if they wish, how they are involved and the outcome, unless it is likely that significant harm will arise from their wishes. They should also have “autonomy support” to assist them in proceedings. This would likely ensure greater influence for children and require more transparent decision-making by adults.

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Drăghici, Aurelia Teodora, Andrei Murgu, and Teodor Bodoașcă. "Opinions Regarding the Principle of Promoting with Priority the Superior Interest of the Child in the Regulation of Law No. 272/2004 and the Romanian Civil Code." International conference KNOWLEDGE-BASED ORGANIZATION 26, no. 2 (June 1, 2020): 150–56. http://dx.doi.org/10.2478/kbo-2020-0068.

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SummaryThe study is devoted mainly to the logical-legal analysis of the provisions of art. 2 of Law no. 272/2004 on the promotion and protection of children’s rights, as well as art. 263 of the Civil Code, which establish the main normative solutions regarding the “priority promotion of the principle of the best interests of the child”. Although the phrase “the best interests of the child” is used in the construction of many rules of Law no. 272/2004, the Civil Code and other normative acts, the legislator refrained from establishing its significance, leaving this approach to the doctrine. The proposed study is intended to be a contribution to achieving this goal. We were also concerned with the identification of normative inaccuracies and the substantiation of pertinent proposals of lege ferenda for the improvement of the regulations regarding the principle of promoting with priority the principle of the best interest of the child.

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Noori, Seyed Masoud, and Maryamossadat Torabi. "The Principle of Protecting the Best Interests of the Child in Shia Jurisprudence and Iran’s Legal System with Emphasis on Custody (New Understanding of a Traditional Legal Concept)." Asian Journal of Legal Education 6, no. 1-2 (January 2019): 67–82. http://dx.doi.org/10.1177/2322005819841525.

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In this article, children’s rights will be studied in the Iranian legal system with remarks on its references in the Shia Jurisprudence. One of the main issues regarding children, is their guardianship, custody or tutorship. The Iranian legal system, same as the Shia Jurisprudence, has always kept the best Interest of the child as an essential ground for law making. Referring to court decisions; it is evident that control of the guardianship on the child is limited by the best interests of the child, because this interests is what we are sure to understand from the reason of custody of the child and that this system is designed only to secure child’s best interests since he/she might be incapable to secure his/her interests alone. The Iranian legal system, especially in the family law section is based on the Islamic rules. The main documents in the Shia Jurisprudence in Islam are Quran, Hadith, Consensus and reasoning which will be defined herein. In addition, a more recent review will be made in this study regarding the ratified laws regarding children’s rights and international treaties and conventions while focusing on the Convention on the Rights of the Child even though, Iran joined this convention by having several reservations.

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Stewart, Douglas O., and Joseph P. De Marco. "Evaluating the Harm Principle and the Best Interest of the Child: A Case Resolved Using Standard Microeconomics Principles." American Journal of Bioethics 18, no. 8 (August 3, 2018): 76–78. http://dx.doi.org/10.1080/15265161.2018.1485764.

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Vannoni, Gaia. "La stepchild adoption nella giurisprudenza italiana." Revista de la Facultad de Derecho de México 69, no. 275-1 (October 29, 2019): 5. http://dx.doi.org/10.22201/fder.24488933e.2019.275-1.71125.

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L’articolo tratta dell’interpretazione che la giurisprudenza italiana ha dato dell’istituto della stepchild adoption alla luce del principio dei best interests of the child. La ricerca fa parte di una più ampia indagine in cui sono stati analizzati più di 300 provvedimenti giurisprudenziali in materia di interesse del minore e in cui è stata svolta una ricerca empirica che ha coinvolto i giudici dei Tribunali per i minorenni italiani.

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Zurita Martín, Isabel. "El interés superior del menor en el caso de los hijos nacidos en España de madres que no transmiten su nacionalidad por aplicación del Derecho islámico. En particular, la reforma del Derecho marroquí = The superior interest of the child in the case of children born in Spain of mothers who do not transmit her nationality by applying the Islamic Law. In particular, the reform of Moroccan Law." CUADERNOS DE DERECHO TRANSNACIONAL 10, no. 1 (March 8, 2018): 510. http://dx.doi.org/10.20318/cdt.2018.4132.

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Resumen: La imposibilidad de la mujer de transmitir la nacionalidad a sus hijos en algunos ordenamientos islámicos lleva consigo la apatridia del menor en caso de madre no casada, dado que los hijos nacidos fuera del matrimonio carecen de filiación paterna. Esta circunstancia ha obligado a la DGRN a pronunciarse sobre la solicitud de nacionalidad española de los hijos nacidos en España de padres marroquíes no casados, dando lugar a una doctrina al respecto que ha venido a ser refrendada por la modificación de la Ley de Nacionalidad marroquí. El objetivo de este trabajo es reflejar, a la luz del principio de igualdad constitucional, la evolución de la legislación marroquí en esta materia, tomando como referencia las resoluciones emitidas por la DGRN, a fin de valorarlas teniendo en cuenta el interés superior del menor.Palabras clave: nacionalidad, filiación, Derecho islámico, Derecho marroquí, interés superior del menor.Abstract: The inability of a woman to transmit her nationality to her children in some Islamic systems entails the statelessness of the child in the case of an unmarried mother, since children born out of wedlock are deprived of paternal filiation. This circumstance has forced the DGRN to pronounce on the application of Spanish nationality of the children born in Spain of Moroccan unmarried parents, giving rise to a doctrine in this respect that has been endorsed by the modification of Moroccan Nationality Law. The aim of this paper is to reflect, in the light of the principle of constitutional equality, the evolution of Moroccan legislation in this area, taking as reference the resolutions issued by the DGRN, in order to assess them taking into account the best interests of the child.Keywords: nationality, filiation, Islamic law, Moroccan law, the best interest of the child.

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Brakman, Sarah-Vaughan. "The Principle of Subsidiarity in the Hague Convention on Intercountry Adoption: A Philosophical Analysis." Ethics & International Affairs 33, no. 02 (2019): 207–30. http://dx.doi.org/10.1017/s0892679419000170.

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AbstractThe principles of the best interest of children and subsidiarity constitute the conceptual foundation of the Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption (HCIA). Subsidiarity in the HCIA dictates a priority for domestic adoption placements for children over intercountry adoption. This article argues against subsidiarity on two fronts. First, the analysis shows that the in-principle priority of domestic adoption cannot be justified on the basis of either heritage rights or state sovereignty. Second, the principle of subsidiarity in the HCIA is a procedural principle, one that stipulates the political/geographical location of the placement of children through a priority ordering. This does not comport with the principle of subsidiarity as it has been conceptualized in ethics and social philosophy, which gives normative structure to the process of decision-making by stipulating the proper level for decisional authority. Subsidiarity in this original sense holds that decisions regarding child welfare should be made at the lowest level possible, by those most affected by the decisions, unless doing so would not be the most suited to protecting and promoting the best interests of children. Appealing to subsidiarity in this theoretical version reveals at least two significant problems with HCIA placement policy and leads to the conclusion that subsidiarity in the HCIA must be formally revised as a structural principle of ethics that will not support the general priority of domestic adoption.

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Galeș, Narcisa, and Dumitrița Florea. "Best Interests of the Child – the Legal Determination of the Principle." European Journal of Law and Public Administration 8, no. 2 (December 20, 2021): 15–25. http://dx.doi.org/10.18662/eljpa/8.2/156.

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When referring to children, we must admit that they are not just physical existences whose stages of development participate in determining the concept of legal capacity. Children are natural persons who, until the age of majority, are protected by the law, precisely because of their insufficient psychological maturity. In particular, we are referring to legal protection of the child in civil matters, subject to civil law, but also to legal protection of the child in general, which goes beyond the civil support given to the individual, legally called a natural person, within the general legal framework which safeguards the fundamental social values of the individual, by including a special legal protection regime on the child. Therefore, the child is no longer an identity substitute for the parents, but needs to be treated according to what it is and not what it will become, as he is the holder of his or her own rights, having a legal status in his or her own right, while also interacting with the rights and obligations of others (extended nuclear family or third-party relationships), as well as society as a whole, which has structured the status of the child according to its values. This is the ideology of the rights of the child, as a result of its development, centered on the recognition of the child as holder of related rights of indivisibility, interdependence and interrelation, the respect, protection and enforcement of which are bound by the States signatory to the Convention on the Rights of the Child. This legal instrument is a probable consequence of the equalitarian dynamics of human rights, on the one hand, and, on the other, based on the discovery of psychology by highlighting children's ability to understand and feel.

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Veselov, Mykola, Olena Bulhakova, and Daria Volkova. "CONTENT AND FEATURES OF THE IMPLEMENTATION OF THE PRINCIPLE OF PRESUMPTION OF INNOCENCE IN THE FIELD OF JUVENILE JUSTICE." Ukrainian polyceistics: theory, legislation, practice 1, no. 1 (April 2021): 9–18. http://dx.doi.org/10.32366/2709-9261-2021-1-1-9-18.

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Today, the principle of «presumption of innocence» is recognized at the international and national levels as one of the basic principles of criminal proceedings. The object of this study is public relations in a specific area of children's rights – juvenile justice. The purpose of the article is to clarify the content and features of the implementation of certain aspects of the principle of «presumption of innocence» in the field of juvenile justice. The presumption of innocence is interpreted and used quite ambiguously, which is of interest to the study. To achieve this goal, general scientific and special methods of scientific research were used. The solution of the outlined tasks of the research was carried out taking into account the practice and position of understanding the content of this principle by the European Court of Human Rights. It is established that ensuring the presumption of innocence as a priority basis for the formation and implementation of child-friendly justice in Ukraine requires effective implementation in all judicial and extrajudicial or administrative cases, execution of court decisions with the participation of children. It is proved that the implementation of this principle in the juvenile justice system concerns not only the provision of procedural rights of a minor as a participant in criminal or administrative proceedings, but also other personal, social and cultural rights and freedoms of the child, the implementation or observance of which may be violated. It is emphasized that the content of the principle of presumption of innocence, as well as its actual implementation should always be correlated with the principle of ensuring the best interests of the child regardless of race, colour, sex, language, religion, political or other beliefs, national, ethnic or social origin, property the condition of the children themselves or their families or any other circumstances.

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Zermatten, Jean. "The Best Interests of the Child Principle: Literal Analysis and Function." International Journal of Children's Rights 18, no. 4 (2010): 483–99. http://dx.doi.org/10.1163/157181810x537391.

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AbstractThe Best Interests of the Child principle is an innovative concept introduced by the United Nations Convention on the Rights of the Child. It serves as a foundational element of the Convention and has been identified by the Committee on the Rights of the Child as one of the Convention's four general principles. Despite limited historical references to this idea in the late 19th and early 20th centuries, this is a distinctly contemporary legal concept. As a result, its content and functionality has been the subject of thorough academic study as well as systematic examination and elaboration in jurisprudential settings. The paper makes a significant contribution to this interpretive dialogue by providing a conceptual and literal analysis of the principle, including as it relates to other articles of the Convention. The political dimensions of the principle are also considered with a view to its practical implementation at the national level.

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Castelló Pastor, Juan José. "Excepciones legales al retorno del menor en los supuestos de sustracción internacional = Legal exceptions to the child’s return in international abduction situations." CUADERNOS DE DERECHO TRANSNACIONAL 10, no. 1 (March 8, 2018): 561. http://dx.doi.org/10.20318/cdt.2018.4137.

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Resumen: El Convenio de la Haya de 25 de octubre de 1980 sobre los Aspectos Civiles de la Sustracción Internacional de Menores prevé un sistema de excepciones legales a la restitución del menor con el objeto de respetar el principio del interés superior del menor. Estas excepciones a la restitución o retorno del menor al lugar de residencia anterior al traslado o retención ilícito a la mayor brevedad posible deben interpretarse de forma restrictiva y, por supuesto, acreditarse la concurrencia de los motivos de oposición a la restitución.La Sentencia de la Audiencia Provincial de las Palmas de Gran Canaria, sección 3ª, de 21 de junio de 2017 objeto de comentario aborda las excepciones legales al retorno del menor y la necesidad de acreditar los motivos alegados para acordarse la excepción. De lo contrario, como sucede en el presente litigio, procede el retorno del menor al lugar de residencia anterior al traslado ilícito.Palabras clave: Sustracción internacional de menores, traslado ilícito, restitución inmediata, Convenio de La Haya de 1980.Abstract: The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction provides for a system of legal exceptions to the return of the child in order to respect the principle of the best interests of the child. These exceptions to the return or return of the child to the place of residence prior to the illicit transfer as soon as possible must be interpreted restrictively and, of course, the concurrence of the grounds for opposition to the restitution must be proven.The Judgment of the Provincial Court of Las Palmas de Gran Canaria, section 3, of June 21, 2017 object of comment deals with the legal exceptions to the return of the minor and the need to prove the alleged grounds for agreeing the exception. Otherwise, as in the present case, the minor returns to the place of residence prior to the illicit transfer.Keywords: International child abduction, legal kidnapping, prompt return, The Hague Convention 1980

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Tresgallo, Mary Ellen, Lynn Richmond, Jeff Blustein, and Nancy N. Dubler. "Ethical Dilemmas in Pediatric Discharge Planning." Clinical Scholars Review 1, no. 1 (June 2008): 55–61. http://dx.doi.org/10.1891/1939-2095.1.1.55.

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Ethical dilemmas can arise when formulating a discharge plan for a child from a medically complex hospitalization. Four principal stakeholders are involved in the discharge plan: the patient, the family, the medical caregivers, and the hospital. Since pediatric patients are considered to be a “vulnerable” population, they require special protection from the potential risks associated with an imprudent discharge plan. Balancing the ethical principles of parental autonomy, the child’s right to self-determination, beneficence, the child’s best interest, and the appropriate use of limited resources can impede the expediency with which a discharge plan is executed. In this article, through the use of illustrative cases, we discuss some of the more common ethical issues encountered in pediatric discharge planning. We provide an ethical analysis of these issues as well as recommendations for their potential resolution.

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Archard, David, and Marit Skivenes. "Balancing a Child's Best Interests and a Child's Views." International Journal of Children's Rights 17, no. 1 (2009): 1–21. http://dx.doi.org/10.1163/157181808x358276.

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AbstractWe consider the problem of reconciling the two commitments to hear a child and to promote a child's best interests by identifying the principal issues at stake and illustrating them by reference to legal decision-making in the domains of health in the United Kingdom and custody and child protection in Norway. We agree that a child's views are not authoritative but dispute Harry Brighouse's claim that they are only of consultative value, affirming the fundamental right of a child capable of expressing a view of doing so and of thereby participating in the procedures where decisions affecting his or her interests are made. In conclusion we offer a checklist of questions that need to be asked about the way in which jurisdictions combine their explicit commitments to the two principles of best interests and hearing the child's views.

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Bobar, Cosmina Flavia. "Considerations on the Best Interests of the Child as a Principle of Exercising Parental Authority." Journal of Legal Studies 18, no. 32 (December 1, 2016): 88–96. http://dx.doi.org/10.1515/jles-2016-0018.

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Abstract The principle of the best interests of the child is the basis for international or national normative documents adopted after the 1989 UN Convention on the Rights of the Child. They enshrine the prevalence of this principle in any decision that must be made with regard to the child, and regardless of its author. In the matter of parental authority, the Romanian Civil Code subordinates parental rights and duties to this principle, placing the interests of the child above the interests of parents. This study presents such aspects as referring to the principle of the best interests of the child, including from a historical perspective, while also emphasising concern in the doctrine for defining but also establishing criteria to appraise the best interests of the child, prior to the amendment of Law no. 272/2004 on the protection and promotion of children’s rights.

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Collins, Tara M. "Respecting the principle of best interests of the child in Canadian monitoring." International Journal of Canadian Studies, no. 42 (2010): 69. http://dx.doi.org/10.7202/1002172ar.

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Reig Fabado, Isabel. "La construcción del concepto autónomo de residencia habitual del menor en los supuestos de sustracción internacional de menores = The construction of the autonomous concept of habitual residence of the child in the cases of international abduction of children." CUADERNOS DE DERECHO TRANSNACIONAL 11, no. 1 (March 11, 2019): 877. http://dx.doi.org/10.20318/cdt.2019.4663.

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Resumen: La concreción de la residencia habitual del menor en los supuestos de sustracción internacional de menores ha resultado especialmente problemática por varias razones. En primer lugar por las interpretaciones divergentes que se han dado en los diferentes ordenamientos jurídicos y, en segundo término, por plantearse de manera especialmente delicada en estos supuestos en los que concurre la sustracción internacional de menores. Y, finalmente y a mayor abundamiento, por la ausencia de un concepto de residencia habitual del menor en la normativa reguladora. Probablemente, la necesidad de concretarlo, en aras al principio del interés superior del menor, en atención a criterios fácticos que, bajo el método casuístico, requiere un análisis de una serie de circunstancias ex casu. Piénsese que, en definitiva, la residencia habitual del menor se configura como criterio clave para la determinación de aspectos tan relevantes como la competencia judicial internacional, no solo en los casos de responsabilidad parental, sino y asimismo, en los supuestos de traslado o retención ilícitos de menores.Palabras clave: sustracción internacional de menores, retención ilícita, competencia judicial internacional, residencia habitual del menor, concepto autónomo, integración y adaptación, retorno inmediato, restitución.Abstract: The realization of the habitual residence of the minor in cases of international child abduction has been especially problematic for several reasons. In the first place because of the divergent interpretations that have been given in the different legal systems and, secondly, because they are considered to be particularly sensitive in these cases in which international child abduction occurs. And, finally and to a greater extent, by the absence of a concept of habitual residence of the minor in the regulatory regulations. Probably, the need to make it concrete, based on the principle of the best interests of the child, in response to factual criteria that, under the casuistic method, requires an analysis of a series of ex-casu circumstances. Think that, definitively, the habitual residence of the minor is configured as a key criterion for the determination of aspects as important as international judicial competence, not only in cases of parental responsibility, but also, in the event of illicit transfer or retention of children.Keywords: international child abduction, illegal retention, international judicial competence, habitual residence of the minor, autonomous concept, integration and adaptation, immediate return, restitution.

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Izarova, I., A. Krychyna, J. Mucha, and A. Tsibulko. "ON THE WAY TO IMPLEMENTING THE PRINCIPLE OF THE BEST INTERESTS OF A CHILD DURING MEDIATION: UKRAINIAN EXPERIENCE." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies 120 (2022): 40–50. http://dx.doi.org/10.17721/1728-2195/2022/1.120-8.

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The adoption of the Law of Ukraine "On Mediation", which defines the legal basis for mediation as an out-of-court procedure for resolving a conflict (dispute), remains issues of child participation in this procedure remained unresolved. However, such experience in the activities of mediators is, which was confirmed during a survey conducted on a questionnaire prepared within the project "Implementation of the principle of the best interests of the child in mediation in matters concerning the exercise of parental authority and contacts" under the leadership of Professor Joanna Mucha, Adam Mickiewicz University in Poznan, which was carried out jointly by Ukrainian and Polish scientists during 2021. The stage of this project is to conduct similar research in Lithuania. The purpose and objectives of the study are to determine the specifics of the mediation procedure on issues related to the interests of the child and with the direct participation of the child. The article presents and analyzes the results of a survey conducted among Ukrainian mediators working with parties in conflict over the interests of children and the performance of their duties by parents or persons replacing them and who expressed a desire to settle the dispute out of court. The specifics of the choice and application of certain methods by mediators to ensure the clarification of the child's opinion on issues that are the subject of discussion in the procedure, without additional psychological burden on the minor or juvenile. The attitude of mediators to certain methods for their application is analyzed, considering the age of the child, his psychological state and emotional maturity. Provision and observance by mediators of the principles of mediation with the personal participation of the child in the procedure. The article concludes that mediation as the alternative dispute resolution can be an effective tool for implementing the principle of ensuring the best interests of the child. If it is necessary to conduct mediation with the direct participation of the child, the entities that ensure its conduct, should be more careful in choosing the person of the mediator, considering his or her possible specialization, specialized training. Keywords: protection of children's rights; mediation; child-friendly justice; parents' rights; representatives of the child.

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Krychyna, A. "PROCEDURAL RIGHTS OF A CHILD IN CIVIL LITIGATION IN THE LIGHT OF THE BEST INTERESTS OF THE CHILD PRINCIPLE." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studie, no. 121 (2022): 50–53. http://dx.doi.org/10.17721/1728-2195/2022/2.121-8.

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The article considers the concept of "best interests of the child" and the problems of its implementation in the current legislation of Ukraine. The current legislation of Ukraine is analysed concerning the adequacy of the existing procedural rights of the child in civil proceedings to provide a minor and a minor child the opportunity to express their own views. It is noted about the gradual changes in the minds of persons responsible for the current legislation to ensure the procedural rights of the child in civil proceedings. The urgency of this issue is quite significant, given that most family disputes are either directly related to the protection and recognition of the rights and interests and needs of the child or affect them. The article pays attention to the definition of possible ways to ensure the procedural rights of minors and juveniles in court proceedings related to the protection of existing or restoration of violated rights and interests of the child. The opportunity for the child to use legal aid, including free of charge is reviewed. It is noted that it is necessary to determine at the legislative level the possibility of involving relevant specialists who, due to their professional activities, have experience working with children and are able to take into account the individual needs of the child according to their age, sex, health, life experience, developmental characteristics providing the court with the opportunity to obtain an objective opinion of the child. The conclusion of this article expresses the need to ensure the "best interests of the child" in the context of the child's ability to exercise their procedural rights at the same level as adults in accordance with the basic principles (principles) of civil proceedings.

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Xia, Jianghao. "The Best Interests of the Child Principle in Residence Disputes after Parental Divorce in China." International Journal of Law, Policy and the Family 34, no. 2 (August 1, 2020): 105–25. http://dx.doi.org/10.1093/lawfam/ebaa001.

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Abstract This article analyses how the best interests of the child principle have been implemented in residence disputes following a parental divorce in China. In doing so, it will analyse the Chinese Marriage Law 2001 and the Specific Opinions on Child-upbringing Issues after Parental Divorce, drawing on an empirical study conducted by the author involving 300 litigated cases over residence disputes in courts. This study shows that the continuity of circumstances and the abilities of each of the parents are used as the primary and secondary criteria for residence judgments, respectively. And it appears that Chinese judges prefer certain easily ascertainable factors, eg parents’ financial ability and the continuity of circumstances, to other internally emotional factors, eg children’s emotional needs and attachments. In addition, a considerable number (69 per cent) of the judges tend to simplify the decision-making process by only considering a single factor alone, or even no specific factor. In view of this, several legislative proposals for the statutory provision of residence disputes in the forthcoming Chinese Civil Code are put forward.

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Tomliak, T. S. "GENESIS OF THE PRINCIPLE OF ENSURING THE BEST INTERESTS OF THE CHILD IN INTERNATIONAL LAW." Scientific journal of M.P. Dragomanov National Pedagogical University. Series 18 Law, no. 36 (2021): 72–80. http://dx.doi.org/10.31392/npu-nc.series18.2021.36.11.

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Savirimuthu, Joseph. "Datafication as parenthesis: reconceptualising the best interests of the child principle in data protection law." International Review of Law, Computers & Technology 34, no. 3 (March 11, 2019): 310–41. http://dx.doi.org/10.1080/13600869.2019.1590926.

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Smyth, Ciara. "The Best Interests of the Child in the Expulsion and First-entry Jurisprudence of the European Court of Human Rights: How Principled is the Court’s Use of the Principle?" European Journal of Migration and Law 17, no. 1 (March 16, 2015): 70–103. http://dx.doi.org/10.1163/15718166-12342072.

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The principle of the best interests of the child is regularly referred to by the European Court of Human Rights in its jurisprudence involving children. However, the principle is notoriously problematic, and nowhere more so than in the immigration context where the state’s sovereign interests are keenly at stake. This article critically examines the expulsion and first-entry jurisprudence of the European Court of Human Rights under Article 8 of the European Convention on Human Rights, interrogating whether a ‘principled’ approach is adopted to the best interests principle. It is argued that a principled approach is one which sees the best interests principle interpreted in the light of its parent document, the un Convention on the Rights of the Child, as interpreted by the un Committee on the Rights of the Child. It is demonstrated that despite widespread recourse to the best interests principle, the European Court of Human Rights fails to adopt a rights-based approach when identifying the best interests of the child and does not always give sufficient weight to the best interests of the child when balancing the interests of the state against those of the individual. The analysis also reveals a way for the Court to develop a more principled approach to the best interests principle.

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Eekelaar, John. "The Role of the Best Interests Principle in Decisions Affecting Children and Decisions about Children." International Journal of Children’s Rights 23, no. 1 (March 28, 2015): 3–26. http://dx.doi.org/10.1163/15718182-02301003.

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The principle of the best interests of the child is firmly established and operates across a wide range of circumstances. The generally accepted view is that the principle demands decision makers to seek the best outcome for the children concerned, but that this has to be weighed against other interests. This leads to a very open-ended process. This article picks up on a distinction made, but not developed, between decisions about children and decisions about other matters which affect children indirectly. This distinction could be helpful in providing a better structure for these decisions. It is also shown that this structure is reconcilable with Article 8 of the European Convention.

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Lundberg, A. "The Best Interests of the Child Principle in Swedish Asylum Cases: The Marginalization of Children's Rights." Journal of Human Rights Practice 3, no. 1 (February 2, 2011): 49–70. http://dx.doi.org/10.1093/jhuman/hur002.

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31

Van Rossum, Wibo. "The clash of legal cultures over the ‘best interests of the child’ principle in cases of international parental child abduction." Utrecht Law Review 6, no. 2 (June 4, 2010): 33. http://dx.doi.org/10.18352/ulr.123.

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Cherkassky, Lisa. "The Interfamilial Principle and the Harvest Festival." European Journal of Health Law 23, no. 1 (February 10, 2016): 61–79. http://dx.doi.org/10.1163/15718093-12341379.

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It is widely accepted that younger children can act as saviour siblings by donating cord blood or bone marrow to their gravely-ill brothers or sisters. However, it is under dispute whether these procedures are in the best interests of the child. This article suggests that parents may be relying on a thinly-veiled interfamilial approach, where the wider benefit to the whole family is used to justify the procedure to the Human Tissue Authority in the United Kingdom. This article suggests that the merging of familial interests to validate a non-therapeutic bone marrow harvest on a child forces altruism in a patient too young to understand, rendering the harvests unlawful under current law.

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Bodio, Joanna. "Review of the book Implementation of the principle of the best interests of the child in mediation in matters concerning the exercise of parental authority and contacts, edited by Joanna Mucha." Access to Justice in Eastern Europe 5, no. 1 (January 28, 2022): 212–20. http://dx.doi.org/10.33327/ajee-18-5.1-r000106.

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The monograph Implementation of the principle of the best interests of the child in mediation in matters concerning the exercise of parental authority and contacts, edited by Joanna Mucha is based on the thesis that in court proceedings in matters relating to a child and mediation in matters concerning the exercise of parental rights and contact with a child, the primary value to be protected should be the best interests of the child. The analysis and research allowed the researchers to determine the extent to which the applicable regulations and mediation practice implement this principle and what instruments adopted in legal regulations and used in mediation serve to respect it. The authors emphasised that in many acts of international law and the provision of Art. 72 of the Constitution of the Republic of Poland, the order to protect the best interests of the child is a fundamental and overriding principle of the Polish system of family law. All regulations in the sphere of relations between parents and children are subordinated to this principle. It signifies the primacy of the child’s best interests over the interests of other people, especially parents, and is the purpose of exercising parental authority and contacts. This analysis was supplemented with positions based on other legal systems – Ukraine and Italy. In both cases, the importance of the best interests of the child was confirmed in the procedures for resolving conflicts related to the separation of parents.

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Ishaque, S., and M. Mustafa Khan. "The Best Interests of the Child: A Prevailing Consideration within Islamic Principles and a Governing Principle in Child Custody Cases in Pakistan." International Journal of Law, Policy and the Family 29, no. 1 (February 11, 2015): 78–96. http://dx.doi.org/10.1093/lawfam/ebu015.

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Bartolini, Silvia. "In The Name Of The Best Interests Of The Child:The Principle Of Mutual Trust In Child Abduction Cases." Common Market Law Review 56, Issue 1 (February 1, 2019): 91–119. http://dx.doi.org/10.54648/cola2019005.

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All abducted children across the EU should sleep tight tonight. The ECJ will make sure that they are returned in a timely fashion to the place where they were habitually resident immediately before their unlawful removal or retention so they will be able to resume their daily life and restore a personal relationship and direct contact with the left-behind parent. Despite such a comforting scenario, this Article argues that the current blind application of the principle of mutual trust in the EU mechanism for the return of the child does not ensure an adequate protection of the best interests of children entangled in return proceedings.

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Glynis van der Walt. "A Consideration of Sections 249, 250 and 259 of the Proposed Third Amendment Bill to the Children’s Act in Light of the Best Interests Principle." Obiter 41, no. 4 (March 24, 2021): 934–47. http://dx.doi.org/10.17159/obiter.v41i4.10496.

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With the promulgation of the Constitution in 1996, national legislative recognition was given to the principle that a child’s best interests are of paramount importance in every matter concerning the child (s 28(2) of the Constitution of the Republic of South Africa, 1996). Section 28(1)(b) expressly provides for the right of a child to family care, parental care or appropriate alternative care. Based on economic and other factors, developing countries like South Africa experience difficulties in meeting the constitutional right of a child to have his or her best interests met and the placement of an orphaned or abandoned child (OAC) in appropriate alternative care is no exception. In light hereof, the current note considers whether the proposed amendments to the Children’s Act (CA, Act 38 of 2005 as amended) introduced by the Third Amendment Bill (GG 42005 of 2019-02-25), with particular reference to sections 249, 250 and 259 comply with this constitutional right. These three sections are of particular relevance to placing a child in permanent care in the form of both national and intercountry adoption. In particular, section 249 makes provision that no consideration may be given in respect to adoption, section 250 limits the persons who are allowed to provide adoption services and section 259 makes provision for the accreditation for the provision of intercountry adoption services. All three sections are relevant to the adoption process of an OAC. Alternative care options available and the basis for determining which placement decided upon is deemed to be the most appropriate for the child concerned, are considered in light of the proposed amendments. A consideration of the current status of the child welfare system in South Africa as well as the statistics of the many children in need of alternative care, serves to provide a background in determining whether the proposed amendments meet and further the vulnerable OAC’s best interests.

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Graf, Jan-Phillip. "Let Kids Be Kids! The Procedural Dimension of the ‘Best Interests of the Child’ Principle in International Migration Law." Humanitäres Völkerrecht 3, no. 3-4 (2020): 236. http://dx.doi.org/10.35998/huv-2020-0013.

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Syafiuddin, M. Nur, Rachmad Safa’at, Prija Djatmika, and Istislam Istislam. "Understanding Child Support in the Pattern of Child Protection based on the Principle of Child Protection." International Journal of Multicultural and Multireligious Understanding 8, no. 1 (January 3, 2021): 92. http://dx.doi.org/10.18415/ijmmu.v8i1.2260.

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Children have human rights (HAM) as those of adults. Unfortunately, discussions regarding children's rights are not as intense as adult rights or women's rights. There are not many parties that discuss and take concrete actions related to the protection of children's rights. In fact, children are a reflection of the future, assets of family, religion, nation and state. This study aims to describe and analyze the meaning of child support in the pattern of child protection in Indonesia based on the best interests of the child. This normative legal research utilized a philosophical and statutory approach. Analytical techniques used to process legal materials were analytical prescriptive methods, hermeneutics (interpretation) of law and ijtihadi. The legal materials used were primary legal materials including laws on child protection and secondary legal materials consisting of all literature and publications relevant to the field of child protection law. The results showed that there are at least two meanings of child support in the pattern of child protection in Indonesia based on the principle of child protection: child support as a guarantee for child welfare and child support as a futuristic value in child protection.

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Andrup, H. "THE BEST INTEREST OF THE CHILD." Family Court Review 26, no. 2 (March 15, 2005): 15–19. http://dx.doi.org/10.1111/j.174-1617.1988.tb01033.x.

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40

Pruett, Marsha Kline, Kathy Hoganbruen, and Tamara Jackson. "The Best Interest of the Child." Journal of Divorce & Remarriage 33, no. 1-2 (August 9, 2000): 47–63. http://dx.doi.org/10.1300/j087v33n01_03.

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41

Gilbert, Dorie J. "In the Best Interest of the Child." Journal of HIV/AIDS Prevention & Education for Adolescents & Children 3, no. 1-2 (December 9, 1999): 99–117. http://dx.doi.org/10.1300/j129v03n01_09.

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42

Serrano Molina, Alberto. "La adopción abierta. Medidas para fomentar su implantación." Revista de Derecho de la UNED (RDUNED), no. 22 (July 9, 2018): 287. http://dx.doi.org/10.5944/rduned.22.2018.22279.

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Han transcurrido más de dos años desde la entrada en vigor de la Ley 26/2015, de 28 de julio, de Protección a la Infancia y a la Adolescencia. Como manifestación del principio del interés superior del menor, las instituciones, tanto públicas como privadas, deben priorizar al adoptar medidas y actuaciones dirigidas a su protección, el que su vida y desarrollo tenga lugar en un entorno familiar adecuado, preferentemente (es decir, siempre que sea posible y positivo para él) en su familia de origen, así como preservar el mantenimiento de las relaciones con ella. La adopción abierta se ha incorporado a nuestro ordenamiento jurídico para contribuir a este propósito. Nuestro legislador pretende que ciertos menores, especialmente los más mayores, alcancen a través de la adopción abierta, una mayor estabilidad familiar y personal y que su adopción presente menos dificultades. El objeto del presente estudio es, de una parte, conocer cuál es la implantación real de esta modalidad de adopción en nuestro país o, quizá debiéramos decir más correctamente, en las distintas Comunidades Autónomas. Ellas son las competentes por razón de la materia para su puesta en marcha. De otra, proponer algunas medidas (relacionadas con los requisitos, el procedimiento de constitución y efectos de la adopción abierta), para impulsar su implantación.More than two years have passed since the entry into force of Law 26/2015, of July 28, on the Protection of Children and Adolescents. As a manifestation of the principle of the best interests of the child, institutions, both public and private, must prioritize that their life and development takes place in a suitable family environment, preferably in his family of origin (if it is possible and positive for him). To this purpose, open adoption has been incorporated into our legal system. Our legislator intends that certain minors, especially the older ones, achieve through greater open adoption, greater family and personal stability. This type of adoption presents fewer difficulties. The object of the present study is, firstly, to know what is the actual implementation of this method of adoption in our country or, perhaps we should say more correctly, in the different Autonomous Communities. They are competent by reason of the subject for their start-up. On the other hand, it proposes some measures (related to the requirements, the constitution procedure and effects of open adoption), to promote its implementation.

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43

Leloup, Mathieu. "The principle of the best interests of the child in the expulsion case law of the European Court of Human Rights: Procedural rationality as a remedy for inconsistency." Netherlands Quarterly of Human Rights 37, no. 1 (March 2019): 50–68. http://dx.doi.org/10.1177/0924051918820986.

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According to Article 3 CRC, the best interests of the child should be a primary consideration in all actions concerning children. This article examines how the European Court of Human Rights applies this principle in expulsion cases that have an impact on the right to family life. A distinction is made between the cases where the expulsion measure is aimed at one of the parents and the cases where the child itself is the subject of the impugned decision. A critical examination of the available case law proves that the Court’s use of the principle is inconsistent in several areas. It is argued that the Court should adopt a procedural approach towards the principle. This would make the case law more consistent, while simultaneously increasing the children’s protection.

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Gwak, Min-Hui. "Best Interest of Child in International Family Law." Legal Studies Institute of Chosun University 23, no. 2 (August 4, 2016): 301–38. http://dx.doi.org/10.18189/isicu.2016.23.2.301.

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DARROUGH, WILLIAM D. "IN THE BEST INTEREST OF THE CHILD II." Journal of Contemporary Ethnography 18, no. 1 (April 1989): 72–88. http://dx.doi.org/10.1177/089124189018001004.

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Sagel-Grande, Irene. "In the Best Interest of the Child (Deegener)." Monatsschrift für Kriminologie und Strafrechtsreform 86, no. 5 (February 1, 2003): 409–10. http://dx.doi.org/10.1515/mks-2003-0057.

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Flicker, Lauren Sydney. "Acting in the Best Interest of a Child Does Not Mean Choosing the “Best” Child." American Journal of Bioethics 12, no. 4 (April 2012): 29–31. http://dx.doi.org/10.1080/15265161.2012.659372.

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Lis-Staranowicz, Dorota. "The Admissibility of the Detention of Minors in Guarded Centers for Refugees in the Context of the Principle of Best Interests of the Child." Gdańskie Studia Prawnicze, no. 4(56)/2022 (December 15, 2022): 81–90. http://dx.doi.org/10.26881/gsp.2022.4.06.

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The glossed ECHR judgment concerns the extension of detention in a guarded center of an Armenian family seeking international protection. The Court has found that Poland breached art. 5 par. 1 (f) of the Convention for the Protection of Human Rights and Fundamental Freedoms. It has upheld its position expressed in the case of Bilalova and Others v. Poland (application no. 23685/14), that “Various international bodies, including the Council of Europe, are increasingly calling on States to expeditiously and completely cease or eradicate the immigration detention of children. The Court has found that the presence in a detention centre of a child accompanying its parents will comply with art. 5 par. 1 (f) only where the national authorities can establish that such a measure of last resort was taken after verification that no other measure involving a lesser restriction of their freedom could be implemented […]”. Therefore, the “rule of no recollection” operating in Polish legislation may be an additional test verifying the admissibility of minors’ detention in guarded centers.

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Chen, Yang, and Trevon D. Logan. "Is the Best Interest of the Child Best for Children? Educational Attainment and Child Custody Assignment." Southern Economic Journal 86, no. 3 (October 26, 2019): 1041–80. http://dx.doi.org/10.1002/soej.12403.

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50

Elster, Jon. "Solomonic Judgments: Against the Best Interest of the Child." University of Chicago Law Review 54, no. 1 (1987): 1. http://dx.doi.org/10.2307/1599714.

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Journal articles on the topic 'Principio "Best interest of the child"'

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