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Woiwod, Dayna M. y Deborah A. Connolly. "Continuous Child Sexual Abuse". Criminal Justice Review 42, n.º 2 (22 de mayo de 2017): 206–25. http://dx.doi.org/10.1177/0734016817704700.
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Due to calls for reform of legislation that accounts for the difficulties complainants of repeated child sexual abuse (CSA) face when asked to particularize individual acts, jurisdictions in the United States and Australia have adopted continuous CSA statutes. Continuous CSA statutes allow for reduced particularity of individual instances when abuse is repeated. In this article, we discuss particularization requirements and how they are adapted in current jurisdictions in the United States and Australia with continuous CSA statutes. We then discuss the relevant research on children’s memory for repeated events and frequency to discuss how current and future research can inform the criteria for the charge. Our goal in this article is to inspire thoughtful discussion of continuous CSA legislation, and how current and future psychological research can advance the criteria for the charge. As more jurisdictions consider adopting these statutes, it would be helpful for psychologists and legal professionals to work toward developing a consensus on the criteria for the charge that balances both the victim’s capabilities to particularize repeated CSA and various rights of the accused.
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Akhtar, Zia. "Native Family Law, Indian Child Welfare Act and Tribal Sovereignty". First Peoples Child & Family Review 7, n.º 2 (30 de abril de 2020): 130–47. http://dx.doi.org/10.7202/1068846ar.
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There has been historical abuse of Native American children in the U.S. which began in the late 19th century in what is known as the residential school movement. It led to their forced integration on pain of removing and eradicating traces of their Indian heritage. The lack of protection for Indigenous children in being transferred from the reservations to non- Indian foster parents caused the U.S. Congress to use their legislative power and enact the Indian Child Welfare Act of 1978 [ICWA]. This has intervened in a process that is aimed at keeping Native American children within the tribe of their parents over the last 35 years. The result of the ICWA is that it has led to the greater supervision by tribal courts over children but it has caused a conflict to arise with the state courts due to jurisdictional reasons that allows guardianship and supervision to non-Indian parents. The Arizona Court of Appeals has recently ruled in Navajo Nation v. Arizona Department of Economic Security (2012) CA-JV 11-0123 that an Indian child can stay with his non-Native foster parents despite the protests of the tribe that it was infringing the provisions of the statute. This article is intended for the practitioner and policy makers and brings to the fore the issues of the preservation of children on reservation lands, and the need for a greater care consideration in the determination if they should be transferred to foster parents outside the tribe’s jurisdiction. It also conducts a comparison with Canada where First Nations children have also suffered abuse and where there is an ongoing debate about the course of action to prevent the appropriation of children from the reserves to live with the non-Native foster parents.
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Ajzenstadt, Mimi y Gabriel Cavaglion. "Sociological Perspectives on the Origins of Child Abuse Legislation in Israel". Israel Law Review 37, n.º 1 (2003): 169–96. http://dx.doi.org/10.1017/s0021223700012437.
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AbstractThis paper examines the historical background and the social processes that have changed the perception of child abuse in Israel from almost complete lack of awareness to concern and formal societal reaction during the 1990s. The recent emergence of child abuse as a social problem and the consequent actions of scrutiny and surveillance through legislation, law enforcement, punishment and educational prevention is set within the cultural milieu of the past two decades. This sociological analysis shows that there was a gradual transition from a private condition to a public “social problem”. The social actors involved in this process primarily included social workers, professional educators, academics, the daily press, members of Israel's Parliament and law enforcement agents.For various scholars and professionals, the incident that triggered awareness and concern about child abuse in general and child sexual abuse in particular was the tragic death of young Moran Denemias in 1989. However, in our paper we posit that this single tragic incident in itself did not prompt officials or the general public to view it as part of a larger problem. The general political tendency to overreact to the emerging issue of abuse, and the rapidity with which the Law for the Prevention of Abuse of Minors and Helpless Persons was passed at the end of the 1980s can be explained by a general moral sentiment that matured decades earlier.
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De Ville, Kenneth A. y Loretta M. Kopelman. "Fetal Protection in Wisconsin's Revised Child Abuse Law: Right Goal, Wrong Remedy". Journal of Law, Medicine & Ethics 27, n.º 4 (1999): 332–42. http://dx.doi.org/10.1111/j.1748-720x.1999.tb01468.x.
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In the summer of 1998, the Wisconsin State legislature amended its child protection laws. Under new child abuse provisions, Wisconsin judges can confine pregnant women who abuse alcohol or drugs for the duration of their pregnancies. South Dakota enacted similar legislation almost simultaneously. The South Dakota statute requires mandatory drug and alcohol treatment for pregnant women who abuse those substances and classifies such activity as child abuse. In addition, the South Dakota legislation gives relatives the power to commit pregnant women involuntarily for two days; a court order can place the pregnant women in custody for up to nine months. These recent legislative “successes” follow scores of failed attempts by legislators in other states to establish fetal protection laws aimed at women who use and abuse drugs and alcohol during pregnancy.
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Kennedy, Roger. "Psychotherapy, child abuse and the law". Psychiatric Bulletin 13, n.º 9 (septiembre de 1989): 471–76. http://dx.doi.org/10.1192/pb.13.9.471.
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Those working with families in the field of child abuse often find themselves becoming intimately involved with Family Law. Although the involvement may produce confusion and frustration in professionals untrained in the law, it may also help facilitate appropriate and effective treatment of severely disordered families. I believe not only that legal framework can help those working in the mental health field, but also that a psychotherapeutic understanding of individuals, families and groups can aid lawyers steer families more effectively and humanely through the legal process. By the term psychotherapy I mean a body of theoretical and clinical knowledge concerned with looking at people's conflicts, feelings, anxieties and reasons for actions, which includes an understanding of the unconscious processes of the mind. A psychotherapeutic approach cannot provide a substantial basis for legal theory, for the latter is heavily weighted towards the notion of the ‘reasonable’ man, whose unconscious ideas and emotions are significant only if they lead to an intention to act illegally and the carrying out of the illegal act. However, the day-to-day practice of law may perhaps be enriched by a more rigorous attempt to understand human emotions, particularly in the often emotionally painful areas of Family Law. Moreover, I suspect that there are a number of shortcomings in the current complex, sometimes muddled, way that families have to deal with the law, which the proposed new legislation (DHSS, 1987) may not address. A psychotherapeutic understanding of some of the reasons for this muddle as well as of the general issues in this field may have benefits for lawyers, mental health workers and clients.
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Kaviani Johnson, Afrooz. "All Care, No Responsibility". International Journal of Children’s Rights 30, n.º 3 (22 de agosto de 2022): 818–48. http://dx.doi.org/10.1163/15718182-30030001.
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Abstract This article examines the duties imposed by international law and domestic legislation to facilitate the reporting of child abuse. With a focus on mandatory reporting legislation in four countries in Eastern and Southern Africa, the article fills a gap in existing literature which largely focuses on the “Global North”. The article elaborates on the complexities of introducing mandatory reporting in countries where the formal capacity to respond to child abuse is constrained and where child protection legislation may not align with the socio-cultural reality. The article posits that mandatory reporting legislation is useful in that it contributes towards an enabling environment to end violence against children. However, such legislation may be tokenistic and potentially undermine the rule of law if it is not accompanied by strengthening of systems of protection and addressing any conflict between formal and informal systems.
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BISTRA, Netkova y Ismail ZEJNELI. "International Standards Regarding Protection of Children of Maltreatment". PRIZREN SOCIAL SCIENCE JOURNAL 5, n.º 2 (31 de agosto de 2021): 75–82. http://dx.doi.org/10.32936/pssj.v5i2.231.
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Child abuse is protected by international law and acts and includes all types of physical, sexual and emotional abuse. Child abuse is a global problem with serious consequences throughout life, it is also a global problem with serious consequences for children and their families. In order to prevent this phenomenon, the awareness and consciousness of everyone (society, state) must be increased. Work on joint projects should include the UN, WHO, UNICEF, UNESCO, the EU and the CoE. Knowledge, legislation and ideas in protecting children's health belong to health and safety experts. The case law of the European Court of Human Rights and the Court of Justice of the European Union obliges states to include in their legislation the protection of children from all forms of ill-treatment.
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Ullah, Nazir, Saidatul Aziz y Noor Awal. "Sexual Abuse of Street Children in Pakistan: Legal Protection Under International and National Law". PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 11, n.º 1 (2024): 76–96. http://dx.doi.org/10.22304/pjih.v11n1.a4.
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This study covers the social and legal dimensions of sexual abuse encountered by street children in Pakistan. It aims to elucidate the underlying reasons and contributory factors to child sexual abuse within the nation. This study employed qualitative methods, which involved analyzing data from primary sources such as acts of parliament and relevant journal articles. It highlights the exploitation of street children through prostitution, pornography, trafficking, and sex tourism. Therefore, it explored various manifestations of child sexual abuse both within street settings and beyond, alongside their foundational causes in Pakistani society. The study addresses the issue of sexual abuse among street children from two perspectives. Initially, it examines the different forms, prevalence, causes, and consequences of such abuse. Subsequently, it assesses the efficacy of both international and national laws and policies designed to counteract child sexual abuse. Despite the existence of legal frameworks in Pakistan aimed at addressing this issue, they are critiqued for being inadequate and inconsistent. The paper advocates for the introduction of more stringent legislation and enhanced trial transparency as measures to curb the incidence of child sexual abuse effectively. Updating and reinforcing existing legal provisions could significantly reduce the prevalence of such abuse in society.
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Blagić, Dragan y Zdravko Grujić. "Criminal Law protection of sexual integrity of a child". Bezbednost, Beograd 65, n.º 3 (2023): 83–106. http://dx.doi.org/10.5937/bezbednost2303083b.
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Criminal law protection of a child from sexual violence is very complex in nature and is achieved by prescribing crimes against sexual freedom. In the Serbian criminal legislation, in most criminal offenses, protection is provided for their qualified, i.e. more serious, form. Violation of the sexual integrity of a child in the form of sexual exploitation and abuse is one of the most serious, inhumane, crimes. Systematic study of the phenomenon of endangering the sexual freedom and integrity of child undoubtedly represents a supranational problem and overcomes the mutual social, cultural, religious and other differences of individual states. Criminal law protection is achieved by prescribing certain behaviors as criminal acts, i.e. by stipulating when certain human behaviors can be considered punishable and under what conditions, as well as by prescribing penalties for such acts. It is the most vulnerable category (child) that is placed in a special position according to which sexual freedoms and integrity are most seriously violated and endangered, which inevitably requires initiation of criminal proceedings in order to protect them. On the one hand, in the modern criminal legislation, the legal incrimination is expanding in most criminal acts when it comes to children, because, on the other hand, the number of criminal acts committed to the detriment of children is increasing. In support of this is the fact that the adopted Law on Amendments to the Criminal Code from 2009, in the chapter against sexual freedom, criminalized two new crimes: inducing a child to attend sexual acts (Article 185a) and abuse of computer networks and other technical means of communication for committing crimes against sexual freedom against a minor (Article 185b). The original text of the Criminal Code also contains incriminations of Rape ((Article 178), Sexual Intercourse through Abuse of Position (Article 179), Sexual Intercourse with a Child (Article 180), Showing, Procuring and Possessing Pornographic Material and Minor Person Pornography (Article 185) which provide protection of the child's sexual integrity. The paper analyzes criminal acts that provide basic and additional protection of the child's sexual integrity, but also examines the compliance of new normative solutions with relevant international legal documents in this area, primarily with the Council of Europe Convention on the Protection of Children from Sexual Abuse and Sexual Exploitation.
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Berthold, Oliver, Vera Clemens, Benjamin H. Levi, Marion Jarczok, Jörg M. Fegert y Andreas Jud. "Survey on Reporting of Child Abuse by Pediatricians: Intrapersonal Inconsistencies Influence Reporting Behavior More than Legislation". International Journal of Environmental Research and Public Health 19, n.º 23 (23 de noviembre de 2022): 15568. http://dx.doi.org/10.3390/ijerph192315568.
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Background: Internationally, various laws govern reporting of child abuse to child protection services by medical professionals. Whether mandatory reporting laws are in place or not, medical professionals need internal thresholds for suspicion of abuse to even consider a report (“reasonable suspicion” in US law, “gewichtige Anhaltspunkte” in German law). Objective: To compare internal thresholds for suspicion of abuse among US and German pediatricians, i.e., from two countries with and without mandatory reporting laws. Participants and Setting: In Germany, 1581 pediatricians participated in a nationwide survey among child health professionals. In the US, a survey was mailed to all Pennsylvania pediatricians, and 1249 participated. Methods: Both samples were asked how high in their rank order of differential diagnoses child abuse would have to be when confronted with a child’s injuries to qualify for reasonable suspicion/gewichtige Anhaltspunkte (differential diagnosis scale, DDS). In a second step, both had to mark a 10-point likelihood scale (0–100%) corresponding to reasonable suspicion/gewichtige Anhaltspunkte (estimated probability scale, EPS). Results: While for almost two-thirds of German pediatricians (62.4%), child abuse had to be among the top three differential diagnoses for gewichtige Anhaltspunkte, over half of the US respondents (48.1%) had a lower threshold for reasonable suspicion. On the estimated probability scale, over 65% in both samples indicated that the probability of abuse had to exceed 50% for reasonable suspicion/gewichtige Anhaltspunkte. There was great variability between the two countries. Conclusions: There are similar uncertainties in assessing cases of suspected child abuse in different legal systems. There is a need for debates on thresholds among medical professionals in both countries.
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Sutanto, Sutanto. "Restorative Justice Against Child Abuse". Legalpreneur Journal 2, n.º 2 (7 de abril de 2024): 206–12. http://dx.doi.org/10.46576/lpj.v2i2.4401.
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The crime of child molestation is interesting to study, especially regarding legal arrangements and countermeasures, when associated with efforts to apply the concept or restorative justice system (restorative justice system), which is a system developed in the concept of criminal law to resolve certain cases in the corridors of the criminal justice system (criminal justice system), both at the level of Investigation, investigation, prosecution and examination of court hearings.Based on this, the authors are interested in conducting research, namely to find out how the practice of examining cases of sexual abuse of minors in an effort to apply Restorative justice and also find out what factors hinder the practice of resolving cases of sexual abuse of minors through Restorative Justice. In this study, the type of research used is normative juridical research and empirical juridical research. Normative juridical research is research that comes from library data or secondary data, (primary legal materials and secondary legal materials), especially the provisions of legislation that have synchronization with the title and formulation of the problem. This study is expected as input in the framework of the development of criminal justice system policy (criminal justice system) in relation to aspects of legal protection against the crime of sexual abuse of minors as well as the process of resolving cases of sexual abuse.
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Polonko, Karen A., Lucien X. Lombardo y Ian M. Bolling. "Law Reform, Child Maltreatment and the un Convention on the Rights of the Child". International Journal of Children’s Rights 24, n.º 1 (19 de abril de 2016): 29–64. http://dx.doi.org/10.1163/15718182-02401010.
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Scholars and practitioners stress the need for systematic research on the implementation of the un Convention on the Rights of the Child (crc) and its potential impact on children’s rights. Our study focused on one aspect of implementation – law reform. Drawing primarily on reports to the crc Committee for 179 countries, results show for most countries, implementation is limited and focused far more on child-welfare than child-rights based legislation. The relationship of measures of law reform/legal regime (most notably, the existence of customary law and laws banning corporal punishment) to children’s experience of rights, child physical abuse and mortality, is analysed and theoretically grounded.
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Alifiyah, Rifdah y Isa Anshori. "Legal Protection for Children in Cases of Domestic Violence in the Indonesian Households". El-Usrah: Jurnal Hukum Keluarga 6, n.º 2 (30 de diciembre de 2023): 348. http://dx.doi.org/10.22373/ujhk.v6i2.19153.
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This study aims to investigate and evaluate the many legal protections available to children who experience domestic abuse. Additionally, it seeks to provide a comprehensive framework for enhancing legal protection measures specifically designed for child victims of domestic violence. This study employs a normative approach to analyze legal issues by examining legislation. The material examined pertains to legal statutes and laws concerning instances of familial child abuse. This study establishes that child domestic violence can manifest in various forms, including physical, sexual, emotional, neglect, and economic abuse. The act of violence infringes upon the rights of children and adversely affects their overall welfare, leading to diminished cognitive abilities, impaired emotional regulation, challenges in social interaction, psychological developmental disorders, difficulties in establishing relationships and trust, increased susceptibility to depression and anxiety disorders, and various mental health issues. The legal safeguarding of children in Indonesia is governed by Law No. 23/2002 on Child Protection, which was subsequently revised by Law No. 35/2014. This legislation serves as the legal foundation for the protection of children, including all endeavors aimed at ensuring their safety, well being, and the fulfillment of their rights to thrive, mature, progress, and engage fully.
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Melnychuk, V. "COMMERCIAL SEXUAL EXPLOITATION OF CHILDREN: INTERNATIONAL LAW". Bulletin of Taras Shevchenko National University of Kyiv. Social work, n.º 3 (2018): 10–13. http://dx.doi.org/10.17721/2616-7786.2018/3-1/2.
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The article deals with the concept of commercial sexual exploitation of children. The forms of commercial sexual exploitation of children, among that there is child's prostitution, child's pornography, trading in children, child's sex-tourism, early marriage, are described. International documents, that regulate a legislation in relation to crimes, children related to commercial sexual exploitation, are considered. Work of ungovernmental organizations, that conduct active activity in relation to defence and help to the children that suffered from sexual violence, is described. It is noted that the fight against commercial sexual exploitation of children with sexual violence against children should be conducted, in addition to international, national and local levels. The principles of the legal principles and standards that should guide children's strategies and practices, including advocacy for the prevention of violence and measures to protect all children from all forms of violence are described. The economic, social and cultural rights that contain the provision according to which children should be protected from economic and social exploitation are indicated. It has been determined that commercial sexual exploitation of children is a violation of the rights of the child, which is considered as a subject of sex and the subject of trade; and includes sexual abuse of the child or exploitation of the child by an adult, as well as payment in cash or in kind. It has been established that the development of legislation and recognition of the problem of sexual exploitation and sexual abuse of children at the national and international levels will be an impetus in combating the commercial sexual exploitation of children. It has been stressed that commercial sexual exploitation of children in many countries is particularly dangerous criminal activity, violating the rights of the child.
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Merdian, Hannah, Derek Perkins, Stephen Webster y Darragh McCashin. "Transnational Child Sexual Abuse: Outcomes from a Roundtable Discussion". International Journal of Environmental Research and Public Health 16, n.º 2 (16 de enero de 2019): 243. http://dx.doi.org/10.3390/ijerph16020243.
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The phenomenon of men who travel across international borders to engage in child sexual abuse presents significant public health, legal, diplomatic, cultural, and research challenges. Briefed in the current scope of this issue by relevant stakeholders across legislation, research, and social policy, a roundtable discussion held in London aimed to synthesise plenary discussions from multidisciplinary attendees across law enforcement, academia, non-profit, and industry sectors with direct relevance to the UK. Specifically, the roundtable discussions aimed to gather the central themes relating to attendee discussions on the key challenges, affected countries, response strategies, and knowledge gaps. Four key themes were identified from the data, relating to the definition of Transnational Child Sexual Abuse (TCSA), criminal justice, geographical considerations, and issues surrounding tourism/hospitality. The data highlighted four priorities for future development and research, namely developing offender typologies, victim-centric investigative practice, prevalence and definitions, and collaborations. These themes provide insight into the issue of transnational child sexual abuse from the perspective of different disciplines and offer a strategy to prioritise, and collaborate, in the efforts against transnational child sexual abuse.
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Hamid, Abdul. "Juridical Analysis of the Crime of Child Abuse Is Also Done by Children". International Journal of Law Review and State Administration 1, n.º 2 (5 de septiembre de 2023): 72–78. http://dx.doi.org/10.58818/ijlrsa.v1i2.65.
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The purpose of this study is to determine the qualifications of criminal acts of sexual abuse of children in the view of criminal law. And to find out the application of criminal law to the crime of child abuse committed by children in Decision Number 8/Pid.Sus-Anak/2017/PN.Tgn. The research method uses normative law which places law as a system of norms, concerning principles, rules, laws and regulations, court decisions, agreements, and doctrines. Primary, secondary, and tertiary research methods are data obtained from the literature that have a relationship with the research focus. In normative legal research, the main source of data from primary law includes regulations, legislation, and legal materials. secondary includes legal books, legal experts, and scholarly academics. Tertiary includes an explanation of primary legal materials and secondary legal materials. Conclusion Qualification of criminal acts of sexual abuse of children in the view of criminal law can be qualified in Articles 290-296 of the Criminal Code as lex generalis and Articles 76E and Article 82 of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2014 concerning Child Protection as lex specialis. The application of material criminal law by the Panel of Judges of the Tangerang District Court in case Number 8/Pid.SusAnak/ 2017/PN.Tgn which stated that the defendant MF had been legally and convincingly proven guilty of committing the crime of sexual abuse of a child with the victim NPA regulated in Article 82 Jo. Article 76E UU RI No. 35 of 2014 concerning Amendments to RI Law No. 23 of 2002 concerning Child Protection is correct.
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Fernández-Tapia, Joselito. "Sexual abuse of girls in Oaxaca: legal or cultural problem?" Revista Innova Educación 3, n.º 3 (1 de julio de 2021): 7–32. http://dx.doi.org/10.35622/j.rie.2021.03.001.en.
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The article analyzed the problem of child sexual violence in the state of Oaxaca, Mexico. The methodology was qualitative based on analysis of documents (empirical studies, legislation and hemerography) and complemented with descriptive statistics. It is found that: legislation has been harmonized with national and international law, legal and applicability vacancies persist, bureaucratic processes, access to justice for victims, impunity and the absence of real statistics; the highest incidence is in the house and the school, being the principal aggressors of the family and teachers. The legal advance is the most significant, yet it does not recover the cultural diversity of the State. It is concluded that, in addition to a legal and cultural problem, constituting systemic, institutional and symbolic violence.
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Fernandes, Gwen, Megan Fernandes, Nilakshi Vaidya, Philip De Souza, Evgeniya Plotnikova, Rosemary Geddes, Bharath Holla, Eesha Sharma, Vivek Benegal y Vikas Choudhry. "Prevalence of child maltreatment in India and its association with gender, urbanisation and policy: a rapid review and meta-analysis protocol". BMJ Open 11, n.º 8 (agosto de 2021): e044983. http://dx.doi.org/10.1136/bmjopen-2020-044983.
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IntroductionIndia is home to 20% of the world’s children and yet, little is known on the magnitude and trends of child maltreatment nationwide. The aims of this review are to provide a prevalence of child maltreatment in India with considerations for any effects of gender; urbanisation (eg, urban vs rural) and legislation (Protection of Children from Sexual Offences (POCSO) Act 2012).Methods and analysisA rapid review will be undertaken of all quantitative peer-reviewed studies on child maltreatment in India between 2005 and 2020. Four electronic databases will be systematically searched: PubMed, EMBASE, Cochrane and PsychInfo. The primary outcomes will include all aspects of child maltreatment: physical abuse, sexual abuse, emotional abuse, emotional neglect and physical neglect. Study participants will be between 0 and 18 years and will have reported maltreatment experiences using validated, reliable tools such as the Adverse Childhood Experiences Questionnaire as well as child self-reports and clinician reports. Study selection will follow the Preferred Reporting Items for Systematic Reviews and Meta-Analyses guidelines, and the methodological appraisal of the studies will be assessed by the Newcastle-Ottawa Quality assessment scale. A narrative synthesis will be conducted for all included studies. Also, if sufficient data are available, a meta-analysis will be conducted. Effect sizes will be determined from random-effects models stratified by gender, urbanisation and the pre-2012 and post-2012 POCSO Act cut-off. I2 statistics will be used to assess heterogeneity and identify their potential sources and τ2 statistics will indicate any between-study variance.Ethics and disseminationAs this is a rapid review, minimal ethical risks are expected. The protocol and level 1 self-audit checklist were submitted and approved by the Usher Research Ethics Group panel in the Usher Institute (School of Medicine and Veterinary Sciences) at the University of Edinburgh (Reference B126255). Findings from this review will be disseminated widely through peer-reviewed publications and in various media, for example, conferences, congresses or symposia.PROSPERO registration numberCRD42019150403.
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Salenda, Kasjim. "Abuse of Islamic Law and Child Marriage in South-Sulawesi Indonesia". Al-Jami'ah: Journal of Islamic Studies 54, n.º 1 (25 de junio de 2016): 95. http://dx.doi.org/10.14421/ajis.2016.541.95-121.
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This article examines the prevalence of child marriage in South-Sulawesi Indonesia including people’s perceptions and its factors contributing to child marriage and the use religion to justify their actions. They perceive child marriage as the marriage conducted prior to the age of 16 for woman and of 19 for man as stipulated in the Marriage Law No.1 of 1974, as well as the marriage before ‘akil balig’. Various determinants for child marriage are cultural norms or values of ‘siri’ (shame) for family honour; family prestige and kinship; uneducated parents; economic burden for family and inconsistency in legislation. No religious teachings or Islamic Law clearly support the prevalence of child marriage because the purpose of marriage in Islam is to perform a happy and harmonious relationship among the couple. The use of the Prophet Muhammad’s marriage to Aisha in the age of six as the fundamental basis for child marriage is unjustified.[Tulisan ini membahas kasus-kasus pernikahan anak di Sulawesi Selatan, termasuk persepsi masyarakat dan faktor-faktor pendukungnya diantaranya penggunaan dalil agama (Islam) untuk membenarkan tindakan tersebut. Masyarakat memahami pernikahan anak sebagaimana tercantum dalam UU Pernikahan No. 1 Tahun 1974 bahwa pernikahan anak terjadi pada usia dibawah 19 tahun bagi laki-laki dan 16 tahun bagi perempuan dan atau mereka yang belum akil balig’. Beberapa factor dominan dalam pernikahan anak antara lain; norma adat lokal (‘siri), kehormatan keluarga dan kerabat, orangtua yang kurang terpelajar, beban ekonomi keluarga dan ketidakkonsisten penegakan peraturan. Pada dasarnya tidak ada ajaran Islam atau fiqih yang secara tegas mendukung pernikahan anak karena tujuan dari pernikahan dalam Islam adalah kebahagiaan dan keharmonisan hubungan antar suami istri. Menggunakan rujukan pernikahan Nabi Muhammad dengan Aisyah saat usia enam tahun merupakan perkara yang tidak bisa dibenarkan.]
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Ryu, Ju Yeon y Soil Kwon. "A Study on Improving Legislation Related to Abuse of Children, the Elderly and People with Disabilities : Focusing on the WHO European Comprehensive Approach". Taegu Science University Defense Security Institute 8, n.º 3 (30 de junio de 2024): 29–46. http://dx.doi.org/10.37181/jscs.2024.8.3.029.
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The purpose of this study is to analyze domestic abuse laws and propose improvements for effective prevention and support based on the findings. The study analyzed the nation's four representative abuse-related laws in three areas (children, the elderly, and the disabled), including the Child Welfare Act, the Special Act on Punishment of Child Abuse Crimes, the Welfare of Senior Citizens Act, and the Act On Welfare of Persons with Disabilities, using abuse-prevention approach by the WHO European(Interventions to Prevent and Reduce Elder Maltreatment) as an analysis framework. Specifically, this paper applied universal, selective, and target-specific approaches to the analysis. First, the study focused on the universal approach from the public perspectives to examine public campaigns, raising awareness of stakeholders, and education, which revealed differences in each area. Second, using the selective approach, the study analyzed early detection of abuse, reporting, dispatch, investigation, and education from the perspective of potential abuse victims and perpetrators. In particular, it was confirmed that provisions related to child abuse cases were more specific than other laws regarding the dispatch and investigation. Finally, the study focused on policies for abuse victims and perpetrators based on the target-specific approach, including measures against abuse, protection plans, victim protection, follow-up care, legal support, shelter provision, and perpetrator programs. The investigation revealed differences depending on the law. Based on these results, this study presented implications for the future development of abuse-related policies.
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Lund, Nelson. "Infanticide, Physicians, and the Law: The “Baby Doe” Amendments to the Child Abuse Prevention and Treatment Act". American Journal of Law & Medicine 11, n.º 1 (1985): 1–29. http://dx.doi.org/10.1017/s0098858800009114.
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AbstractInfanticide, like most other species of homicide, is probably coeval with the human race itself. In modern Western civilization, what were formerly the most powerful incentives to infanticide have virtually disappeared. As with other social problems that affluence has seemed to solve, however, infanticide has reappeared in a new form that seems to have been made possible by affluence itself. This "new infanticide" occurs in a place whose very existence is the result of a tremendously wealthy society's devotion to its most vulnerable and least “useful” members. The modern neonatal intensive care unit, which treats, and often saves, extremely ill newborn children, who during most of history would surely have died, has proven to be a setting where many of the age-old incentives for infanticide have begun to operate again. The “new infanticide” consists of withholding food or needed medical treatment from selected infants who suffer from one or more serious, though treatable, medical problems. The national government has now enacted legislation designed to curtail the practice of infanticide by the medical profession. This paper traces the genesis of that legislation, explores the problem to which it is addressed, and evaluates its prospects for success.
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Arnull, Elaine y Stacey Stewart. "Developing a Theoretical Framework to Discuss Mothers Experiencing Domestic Violence and Being Subject to Interventions: A Cross-National Perspective". International Journal for Crime, Justice and Social Democracy 10, n.º 2 (1 de junio de 2021): 113–26. http://dx.doi.org/10.5204/ijcjsd.1561.
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The discourse about domestic violence has developed in patriarchal societies, and so we position our understanding of ‘mother’ within a patriarchal framework. We explore the ways in which ‘mothering’ and ‘mother blame’ have been constructed within that framework and how this becomes relevant in the context of domestic violence and child welfare social work. We review literature from Australia, Canada, England and Wales, and the United States of America that has focused on child welfare responses to mothers experiencing domestic violence and abuse. On the basis of that review, we argue that mothers are responsibilised for violence and abuse they do not perpetrate. We show that the way legislation operates in some jurisdictions facilitates hegemonic, patriarchal constructions. We call for a review of current child welfare social work policy and practice in which domestic violence is present.
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Hidayat, Nofan, Rihantoro Bayu Aji y Taufiqurrahman Taufiqurrahman. "Penerapan Hukum Dalam Pertimbangan Hakim Untuk Menjatuhkan Putusan Dalam Perkara Pidana Terhadap Korban Anak". Law and Humanity 1, n.º 2 (2 de septiembre de 2023): 108–29. http://dx.doi.org/10.37504/lh.v1i2.550.
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The crimes of sexual abuse against children often use social networks to fool his victims in various crimes. The average victim is a child under the age and the perpetrator is an adult, the crime sexual abuse causes deep trauma for the victim and require a long time to eliminate it to the children. With the absence of law, perpetrators of sexual abuse against children could be criminalized if they meet the elements as stated in the Criminal Code (KUHP) and the Child Protection Act. The method of approach in the research was used is the approach of the law of normative-empirical approach and legislation (statue approach), conceptual approach and the case approach. The results of this study stated that the panel of Judges aggravate the punishment against the Defendant by taking attention to the relationship between the Defendant and the victim as the students and teachers in educational institutions. In the verdict of the trial with the case of the crime of sexual abuse, the Defendant demanded punishment with Article 82 section (1) Jo Article 76E Law Number 35 of the year 2014 concerning amendment to Law Number 23 of the Year 2002 about Child Protection, Jo Article 82 section (4.5) and the article is additional regulation Number 01 of the year 2016 on the second amendment to Law Number 23 of the Year 2002 about Child Protection, jo Law Number 17 of the Year 2016 On the Determination of Government Regulation in Lieu of Law Number 01 of the year 2016 on amendment to Law Number 23 of the Year 2002 On Child Protection with the threat of criminal for 20 (twenty) years and a fine of Rp 1.000.000.000,- this is because the Defendant is an educators/ educators, where should the defendant gave teachings, or education and provide a safe and comfortable against children, especially the victims of the crime of sexual abuse.
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Putri, Novi Anggraini. "Judgment Considerations Regarding Decisions about Child Sex Abuse Crime Conducted by Military Member". Journal of Law and Legal Reform 1, n.º 2 (26 de enero de 2020): 241–58. http://dx.doi.org/10.15294/jllr.v1i2.35421.
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TNI and Children are the two parties that are protected by special laws and regulations. Members of the TNI are committed and submit to military legislation. Apparatus who committed crimes have to follow the military’s criminal law and military court. Meanwhile, children as the victims of criminal acts have the rights that are legally protected in the legislation on child protection. The problems on this research are (1) How is Implementation of Act No. 35 of 2014 About Child Protection against child sex abuse committed by TNI in Judicial Process at Military Court II-10 Semarang? (2) How does the judge’s consideration about the Criminal adjudication to the suspect of the child sex abuse committed by TNI (Case Study of Military Court II-10 Semarang’s Verdict No. 62-K/PM.II-10/AD/IX/2016)? This study uses a qualitative method located in Indonesia with a Verdict as the object of research. The data collection techniques using document and literature study. The result of research, 1) Implementation of Act No. 35 of 2014 About Child Protection in Judicial Process at Military Court II-10 Semarang, i.e (1) Arresting the defendant (2) Giving the child as a victim an opportunity to speak up some testimony (3) The result of Visum et Repertum as a Health service (4) Giving detention and forfeit to defendant along with dismissal from military service 2) Judge's consideration of the Criminal adjudication of perpetrators of the Child Sex Crimes committed by TNI (1) Juridical considerations, i.e : Indictment, testimony of witnesses and defendants, expert's testimony, evidence and other articles in the Child Protection Law (2) Non-Juridical Considerations are mitigating and aggravating factors. The conclusion of this research is that the Implementation of Act no. 35 of 2014 has not been fully implemented in the judicial process in Military Court II-10 Semarang, the child’s identity in the previous verdict is not disguised. Suggestion from this study is the punishment of the defendant should refer to Act no. 35 of 2014 on Child Protection and after the judicial process the parties including law enforcement should provide protection for the future of the child as a victim.
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Drizi, Nehat. "International Child Abduction in Civil Matters Pursuant to Kosovo Legislation". European Journal of Multidisciplinary Studies 1, n.º 2 (30 de abril de 2016): 178. http://dx.doi.org/10.26417/ejms.v1i2.p178-185.
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Migration and settlement of Kosovo citizens, whether on individual basis or family groups in other countries, amongst others, have also caused the problem of international child abduction. This abduction was done by one of the parents or a temporary guardian. Although cases involving international child abuse have practically occurred, children have not been protected lacking legal provisions. For the first time in Kosovo, this matter was regulated by promulgation of UNMIK Regulation no. 2004/29 on Protection against International Child Abduction dated 05 August 2004. Pursuant to Kosovo legislation the child abduction shall mean removal or retention of a child which constitutes breach of rights of custody attributed to a person or any other body, under the law of the State in which the child was habitually resident immediately before the removal or retention. Hereby it is intended to recon in aspects of international child abduction and their prompt return from Kosovo to the Requesting State, the child return procedures and cases from the court practice. The court authorities having jurisdiction set forth by law, shall implement the child return procedures once the legal conditions are met, and for the purpose of such implementation, they may issue different measures. The Basic Court of Pristina shall have exclusive first instance jurisdiction in Kosovo. The Ministry of Justice being the central authority shall carry out the administrative procedure for a voluntary return of the child to the Requesting State.
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Maulida, Desi y Nila Trisna. "Peranan Kejaksaan dalam Penanganan Perkara Pelecehan Seksual Anak Dibawah Umur Di Kabupaten Aceh Barat". Ius Civile: Refleksi Penegakan Hukum dan Keadilan 6, n.º 2 (8 de noviembre de 2022): 208. http://dx.doi.org/10.35308/jic.v6i2.5092.
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This research is entitled "The role of the prosecutor in handling cases of sexual abuse of minors in Aceh Regency. The method used is empirical and the data analysis used is qualitative, the data collection technique is conducted interviews and documentation, the type of data used is primary data, secondary data, based on the results of research on proving that in Aceh Province, especially in West Aceh, there are cases of child abuse under This age and the indictment dropped by the public pros ecutor are in accordance with the Aceh Qanun law, in the process of handling cases of sexual abuse of minors, the application or working method of the public prosecutor is in accordance with the prosecutor's law, although there are tips and certain tricks contained in the m legislation used by the prosecutor's office.
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Błeszyński, Jacek J. y Anita Rodkiewicz-Rożek. "Violence against children within the family". Family Upbringing 5, n.º 1 (30 de junio de 2012): 145–62. http://dx.doi.org/10.61905/wwr/171189.
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The article presents the problem of child abuse in the family. Shows the causes of violence in the family, but also treats children’s rights under the Convention on the Rights of the child, such as the right to an identity, right to expression, the right to live without violence, the right to social assistance, right to education. Th is article presents the family as the basic environment in which the child is born and brought up, because it has strong influence on the shaping of his personality. Refers to the fact that the home should be a place where the child feels safe. Pointed out that often but this is different, because victims of domestic violence are mostly women and children, as being weak and defenseless against their persecutors. The definition of domestic violence was quoted. Pointed to factors that protection children from violence, as well as the factors which contribute to harming. Defined physical violence against the child, and refers to the normative acts in this area, established as the sexual exploitation of children, studies showing the extent of the problem, and also refers to the legislation, to protect the child from sexual abuse. The article refers to the mental abuse and neglect in the family. Distinguished category of emotional abuse, as well as identified other forms of child abuse in the family, such as alcoholism, drug abuse or other negative attitudes of parents, stigmatized by the law.
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Jatchavala, Chonnakarn, Ramdas Ransing, Nutt Sukavejworakit, Rodrigo Ramalho y Nilesh Devraj. "Child sexual abuse, mental health, and legislation in India and Thailand: A cross-country comparison". Journal of Forensic and Legal Medicine 102 (febrero de 2024): 102655. http://dx.doi.org/10.1016/j.jflm.2024.102655.
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Jesus, Lisieux Eyer de, Oscar Luís Lima e. Cirne Neto, Leila Maria Monteiro do Nascimento, Rejane Costa Araújo y Andréa Agostinho Baptista. "Anogenital warts in children: sexual abuse or unintentional contamination?" Cadernos de Saúde Pública 17, n.º 6 (diciembre de 2001): 1383–91. http://dx.doi.org/10.1590/s0102-311x2001000600009.
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Anogenital warts (AGW) were recently recognized in children, and their significance as an index of childhood sexual abuse is controversial. We report our transdisciplinary approach (including a pediatric surgeon, psychologist, social worker, ethics expert, and occasionally law enforcement agents) and its results in a group of 17 children with AGW treated at the public pediatric referral hospital in Rio de Janeiro, Brazil, during a 3-year period (1996-1999). All children were treated by electrocauterization of the warts, tested for other STDs, and submitted to perineal examination under anesthesia. Families received psycho-social counseling as necessary and cases were referred to child protection and law enforcement agents when indicated according to Brazilian legislation. We identified a high incidence of sexual abuse (8 children, 5/7 > 5 years old), with 3 patients inconclusive as to sexual abuse and 7 cases of perinatal transmission (5/8 < 4 years old). We conclude that AGW are indeed a strong sign of suspicion for sexual abuse in children, especially but not exclusively > 5 years of age. However, strong support and a transdisciplinary approach to the children and their families is necessary to identify it.
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Tufail, Waqas. "Rotherham, Rochdale, and the Racialised Threat of the ‘Muslim Grooming Gang’". International Journal for Crime, Justice and Social Democracy 4, n.º 3 (5 de octubre de 2015): 30–43. http://dx.doi.org/10.5204/ijcjsd.v4i3.249.
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For over a decade, British Muslims have been at the forefront of political, media and societal concerns in regards to terrorism, radicalisation, women’s rights, segregation and, most recently, the sexual exploitation and abuse of young women. Demonised, marginalised and criminalised due to inflammatory political rhetoric, inaccurate, irresponsible and sensationalist media reporting, discriminatory counter terrorism policies and legislation and state surveillance, British Muslims have emerged as a perceived racialised threat. This has continued apace with the onset of the Rochdale and Rotherham ‘grooming’ child sexual abuse scandals which in popular discourse have been dominated by representations focusing on race, ethnicity and the dangerous masculinities of Muslim men. This disproportionate and racist narrative served to both frame and limit the debate relating to the sexual exploitation and violence experienced by young female victims at a pivotal moment when the issue had been brought to national attention. This article compares and contrasts the representations and discourse of racialised and non-racialised reporting of child sexual abuse and situates the ‘grooming’ scandals in the context of anti-Muslim racism. It argues that the development of the British Muslim as a racialised threat is a current and on-going legacy of colonialism in which this group experiences discriminatory ‘othering’ processes resulting in their marginalisation.
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., Wendi y Firman Wijaya. "PENERAPAN ASAS LEX POSTERIORI DEROGAT LEGI PRIORI TERHADAP ANAK KORBAN PENCABULAN (STUDI KASUS PENGADILAN NEGERI JAKARTA UTARA NOMOR 195/Pid.Sus/2015/PN.Jkt.Utr)". Jurnal Hukum Adigama 1, n.º 1 (20 de julio de 2018): 882. http://dx.doi.org/10.24912/adigama.v1i1.2172.
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Abuses against Children are included in Extraordinary Crimes and often occue mainly to minors. This is due to the lack of government in acting on the case. In this case, it occurred in a 3 years old boy who is abused by his own teacher. Precisely happened on April 29, 2014 at Saint Monica Sunter during the dance extracurricular activity. The victim’s mother found out about it when the victim complained of pain in the part of his penis after the victim was abused. At that moment the victim’s mother reported the incident of abuse to the authorities. It was then estabilished that the defendant was guilty of fulfilling the elements of an offense against the victim. So the defendant must be held in the prison until the court process is decided. In the indictment given by the public Prosecutor charged with using Article 82 of Law Number 23 year 2002 on Child Protection. However, the Prosecutors should be using the updated Law which is Article 82 of Law Number 35 year 2014 on the protection of new Children in the Prosecution. This proves that the Prosecutor is less careful in preparing the indictment given so as to cause legal irregularities that should in decideng the case reflects the legal objectives of Justice, certainty and expediency. Where as in legislation known as the principle of lex posteriori derogat legi priori that should be in the case of obscenity this principle is enforced. Because in the new Child protection Law more confirms the perpetrator of abuse if it is proven to commit abuse then the punishment is heavier that the old Law, and more to give special protection guarantee to the victim of abuse so that its rights will not be violated.
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Atkin, Bill. "Family Law – Solidarity or Disarray?" Victoria University of Wellington Law Review 50, n.º 2 (2 de septiembre de 2019): 369. http://dx.doi.org/10.26686/vuwlr.v50i2.5751.
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Professor Gordon Anderson and labour law are synonymous in New Zealand. Gordon has provided a vision for the future of labour law. This article is offered in a similar spirit. It was prepared for a conference on "The Future of Family Law", held in Auckland on 20 September 2018 with distinguished guest, Lady Brenda Hale, President of the United Kingdom Supreme Court. The history of family law in New Zealand is full of remarkable landmarks. Many align with the rights of various groups: children, women, Māori, those with intellectual disabilities, LGBTI+ communities and abuse victims. If we dig deeper, we find that the various parts do not make a very coherent and harmonious whole. The law is tugged in different directions. This article draws on the concept of "family solidarity", refashioned for New Zealand purposes as "family and community solidarity". Could this help develop a unifying theme? Could it form the basis for future family law reform? Developments such as legislation on child poverty reduction, the Ministry for Children and relationship property law are briefly explored.
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Sembiring, Hendra Bavo, Ediwarman Ediwarman y Isnaini Isnaini. "Kajian Hukum Penanganan Anak Yang Melakukan Penyalahgunaan Narkotika". Journal of Education, Humaniora and Social Sciences (JEHSS) 5, n.º 2 (10 de noviembre de 2022): 1334–46. http://dx.doi.org/10.34007/jehss.v5i2.1378.
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The purpose of this study was to examine and analyze the legal rules regarding the handling of children who commit criminal acts, the factors that cause narcotics abuse and the policies taken by the Directorate of Drug Investigation of the North Sumatra Regional Police in Handling children who abuse narcotics. This research relies on secondary data sources consisting of positive criminal law legislation in Indonesia, namely the Criminal Code, laws and regulations outside the Criminal Code relating to problems, the 2008 National Criminal Code Concept, the Child Criminal Justice System, various laws and regulations obtained from various countries as material for comparison as well as various opinions of legal experts that are closely related to this research. The results of the research state that the legal rules regarding the handling of children are regulated in the SPPA Law No. 11 of 2012, where in the law that the handling of children must prioritize the protection of children. The factors causing narcotics abuse by children in the Legal Area of the North Sumatra Regional Police are: lack of parental supervision, follow-up factors, intentionally being used by narcotics dealers, narcotics trafficking which is getting out of control until it is very close to the social environment of children. everyday life, as well as the lack of children's understanding of the dangers of narcotics. Policies for handling children who commit criminal acts of narcotics abuse in the North Sumatra Regional Police are guided by the SPPA Law No.11of2012.
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Veneziano, Carol y Louis Veneziano. "An Analysis of Legal Trends in the Disposition of Sex Crimes: Implications for Theory, Research, and Policy". Journal of Psychiatry & Law 15, n.º 2 (junio de 1987): 205–27. http://dx.doi.org/10.1177/009318538701500205.
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The number of sex offenses, particularly those involving children, has risen dramatically in the last few years, and the handling of sex offenders is thus the focus of new concern. A review of statutes and legal cases indicates that special processing of sex offenders, particularly child sexual abusers, has had a long history in the criminal justice/mental health system. Until the late 1970s, most emphasis was concentrated on the rights of defendants in the disposition of cases under sexual psychopath statutes. Since that time, the trend has been toward the repeal of these statutes and the expansion of legislation which attempts to improve the probability of successful prosecution of child sexual abuse cases and ease the difficulties of child victims in the courtroom. The lack of research in this area is discussed, and directions for future policy research are indicated.
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Singh, Sarah. "Punishing Mothers for Men’s Violence: Failure to Protect Legislation and the Criminalisation of Abused Women". Feminist Legal Studies 29, n.º 2 (5 de mayo de 2021): 181–204. http://dx.doi.org/10.1007/s10691-021-09455-5.
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AbstractThis article explores the gender dynamics of ‘causing or allowing a child to die’, contrary to the Domestic Violence, Crime and Victims Act 2004, section 5. This offence was intended to allow for prosecution where a child had been killed and it was uncertain who had killed him/her, but also to allow for prosecution of non-violent defendants who failed to protect him/her. More women than men have been charged and convicted of this offence signifying a reversal of usual patterns of prosecution and conviction. This analysis interrogates how section 5 criminalises women who have experienced domestic abuse. Drawing on a case observation, reported cases and media reports of cases, I suggest this offence derives from and perpetuates patriarchal constructs of motherhood. Grounded in a feminist approach building on women’s concrete experiences of law, I conclude that section 5 should be amended so that it is only used where it cannot be ascertained which defendant actively harmed a child.
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Abdullah ABHIT, Baydaa. "THE POSITION OF IRAQI WOMEN PARLIAMENTARIANS ON APPROVING THE LAW ON PROTECTION FROM DOMESTIC VIOLENCE (A FIELD STUDY)". RIMAK International Journal of Humanities and Social Sciences 05, n.º 05 (1 de septiembre de 2023): 749–70. http://dx.doi.org/10.47832/2717-8293.25.40.
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In the absence of legal legislation that guarantees the rights of the family and protects it from any domestic abuse, and with the presence of fanatical parliamentary and political blocs and leaders that reject everything that would lead to a safe and fair life for all, the Anti-Domestic Violence Law in Iraq has been put forward in Parliament since 2011. It was adopted and sponsored by human rights and social bodies. Civil organizations concerned with the rights of the family and the child in particular, and set up studied frameworks for it to ensure the reduction of rumored violence and deterring those who cause violence. It was proposed by the Presidency of the Republic and sent by the Council of Ministers on August 4, 2020 to the House of Representatives, but it remained without acknowledging its obligation to reject some blocs inside the dome of Parliament on the pretext that Some of the provisions of the law contradict the principles of Islam in the upbringing of the wife and children, describing it as a destroyer of the family and a cause of the disintegration of its bonds. She has done more than that by launching campaigns to abuse the law, distort its paragraphs and intimidate people from it, while the opposite is true and the provisions of the law carry only greater regulation of social relations. And the family. Iraq today does not have any law that protects women and children, with an increase in incidents of abuse within the family against the most vulnerable groups, such as women and children. It may sometimes reach murder as a result of violence, and it comes under several justifications such as sudden death or suicide and others to escape judicial penalties. Violence is taken Gender-based violence takes many forms, including partner violence، sexual violence, and child marriage. Girls and women may also be exposed to gender-based violence when they are deprived of nutrition and education. Women and girls who are survivors of gender-based violence suffer severe long-term consequences for their lives. Their physical and psychological health, and some of them are exposed to serious physical injuries and may lose their lives. Based on all of the above, I conducted field research with some Iraqi women parliamentarians about the legislation of the law and their position towards it. During the research, it was found that some parliamentary blocs strongly oppose the legislation of the law, as they claim within it the disintegration of Muslim families and contrary to the constants of Sharia. Some of them believe that there is no infrastructure to shelter survivors of domestic violence and the need to amend some of its paragraphs
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Kuncoro, Wahyu, Husni, Effendi y M. Gaussyah. "LEGISLATION CONCEPT OF SEXUAL VIOLENCE TOWARDS A CHILD IN THE ACTS AND THE QANUN JINAYAT". Journal of Law and Sustainable Development 12, n.º 2 (8 de febrero de 2024): e3004. http://dx.doi.org/10.55908/sdgs.v12i2.3004.
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Background: The investigation of cases of sexual violence against children under Article 133 of Act Number 11 of 2006 is entrusted to the investigation of Wilyatul Hisbah. As a result, there is dualism in the investigation and inquiry process for sexual harassment cases, as both the Police Investigations and the Wilyatul Hisbah Investigation have the authority to conduct investigations. This is due to the provisions stated in Article 133 of Act Number 11 of 2006 and Article 1 (1) of the Indonesian Criminal Code, which allow for the involvement of two institutions in investigating criminal cases in Aceh, including sexual violence such as rape. The provision indicates a situation where the authority of the two institutions overlaps. Objective: To examine and analyze the legal framework surrounding sexual assault, with a specific focus on addressing the issue of dual investigative power in cases involving child sexual abuse in Aceh. Theoretical framework: The regulation of sexual violence against children is governed at the national level by Act Number 35 of 2014; however, in Aceh, it is regulated specifically under Article 47 of the Qanun Jinayat. The Child Protection Act provides a more comprehensive framework for addressing sexual violence, encompassing measures such as imposing penalties and eliminating sentences for educators and residents. The investigation process for cases of sexual violence in Aceh involves two authorized agencies: the police detective and the Hisbah Wilyatul investigator. This dualistic approach allows for a comprehensive inquiry and ensures that all aspects of the case are thoroughly examined. The existence of dualism arises from the provisions outlined in Article 133 of the Government of Aceh Act, which grants each entity the power to independently investigate allegations of sexual violence. To eliminate the duality of authority, it is necessary to achieve harmonization of the legal regulations, specifically the Acts of the Government of Aceh, the Police, and the Jinayat. Method: This study employs a normative jurisprudential research methodology, specifically utilizing the legislative-regulatory approach.
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Ablyatipova, Natalia y Anastasia Kazinskaya. "Family Law in an Era of Change: An Analysis of Modern Lawmaking". Legal Concept, n.º 3 (noviembre de 2023): 88–95. http://dx.doi.org/10.15688/lc.jvolsu.2023.3.12.
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Introduction. The protection of children’s rights remains an urgent issue for the development of any state. To date, cases of abuse of their rights by parents are common, whereupon the state, performing a protective role, resorts to the institution of the removal of a child from parental custody by guardianship authorities. By virtue of the provisions on state protection of the family, motherhood, fatherhood, and childhood enshrined in the Constitution of the Russian Federation, the Russian Federation, represented by legislative and executive bodies, bears a special responsibility in family legal relations, in particular the protection of the rights and legitimate interests of children. In this regard, the authors set a goal: to give an appraisal of the draft of the new Family Code, developed by the State Duma Committee on family, women, and children, from the point of view of the expediency and legality of the proposed changes in the realities of society’s development. Results. Individual changes related to the issues of parental authority and the conditions for the removal of a child by guardianship authorities are studied. Based on the analysis of the legislation, the authors have come to the conclusion that there are gaps in the draft law that come into confrontation with the constitutional principles of family law. Most provisions curtail the rights of children. Based on the results of the study, the authors have proposed recommendations for improving the legislation.
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Misni, Muhammad Daniel y Nadhilah A. Kadir. "CHILD PROTECTION IN MALAYSIA: ASSESSING THE EFFICACY OF FOSTER CARE FROM A LEGAL PERSPECTIVE". International Journal of Law, Government and Communication 9, n.º 35 (18 de marzo de 2024): 74–88. http://dx.doi.org/10.35631/ijlgc.935007.
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Foster care serves as a crucial support system for children in need of care and protection in Malaysia who cannot live with their biological families due to issues such as neglect, abuse, or abandonment. This article examines the concept of foster care, its legal implementation, and challenges. By scrutinizing existing legislation, the paper aims to identify areas for improvement to enhance the effectiveness of foster care as part of the child protection system in Malaysia. The foster care system in Malaysia is primarily governed by the Child Act 2001 and managed by the Social Welfare Department in providing family-based care, especially for abandoned children. This article employs a qualitative study, revealing challenges and limitations within the existing legal framework. The findings indicate that there is no specific law governing foster care in Malaysia. Therefore, the article emphasizes the need to enhance the effectiveness of foster care legislation by increasing resources and support for foster parents, implementing standardized training programs for them, strengthening monitoring and evaluation mechanisms, and encouraging cooperation and information sharing among relevant agencies. This is to ensure positive outcomes and long-term welfare for children in foster care in Malaysia.
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Aziz, Hasnah, Imam Rahmaddani y Kuntadi Kuntadi. "Child Perpetrators of Drug Crimes: Legal Protections and Effectiveness in Indonesian Juvenile Justice". Lex Publica 9, n.º 2 (31 de diciembre de 2022): 102–17. http://dx.doi.org/10.58829/lp.9.2.2022.102-117.
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Abstract. The widespread prevalence of drug abuse has reached various segments of society, penetrating even remote villages and influencing children whose cognitive abilities are still developing and are easily susceptible. This research aims to achieve two objectives: firstly, to investigate and analyze legal protection efforts for children involved in drug abuse, and secondly, to understand and analyze the forms of legal protection within the juvenile justice system. The study adopts a Juridical Normative approach with a descriptive analytical research specification, outlining the relevant legislation in connection with legal theories and the practical implementation of positive law related to issues concerning children involved in drug abuse. The research consists of two stages in library research and field research. Conclusions are drawn using a qualitative juridical normative method. The findings indicate that, firstly, legal protection efforts for children can take the form of safeguarding their freedom and fundamental rights. In the context of child protection in Indonesia, Law No. 35 of 2014 concerning Amendments to Law No. 23 of 2002 concerning Child Protection has been enacted. To protect children from drug abuse, Indonesia has also implemented Law No. 35 of 2009 concerning Narcotics. Secondly, the forms of protection provided to children as perpetrators of drug abuse crimes within the juvenile criminal justice system in Indonesia, based on Law No. 11 of 2012 concerning the Juvenile Criminal Justice System, allow for the processing of any child committing a criminal act through the legal process, including children involved in drug abuse, who may undergo formal criminal justice proceedings.
Abstrak. Penyalahgunaan narkoba yang merajalela telah mencapai berbagai lapisan masyarakat, bahkan menembus desa-desa terpencil dan memengaruhi anak-anak yang kemampuan kognitifnya masih berkembang dan mudah terpengaruh. Penelitian ini bertujuan untuk mencapai dua tujuan: pertama, untuk menyelidiki dan menganalisis upaya perlindungan hukum bagi anak-anak yang terlibat dalam penyalahgunaan narkoba, dan kedua, untuk memahami dan menganalisis bentuk perlindungan hukum dalam sistem peradilan pidana anak. Penelitian ini mengadopsi pendekatan Normatif Yuridis dengan spesifikasi penelitian analitis deskriptif, menguraikan perundang-undangan yang relevan terkait teori-teori hukum dan implementasi praktis hukum positif yang berkaitan dengan masalah anak-anak yang terlibat dalam penyalahgunaan narkoba. Penelitian ini terdiri dari dua tahap, yaitu penelitian kepustakaan dan penelitian lapangan. Kesimpulan diambil dengan menggunakan metode normatif yuridis kualitatif. Temuan menunjukkan bahwa, pertama, upaya perlindungan hukum bagi anak dapat berbentuk menjaga kebebasan dan hak-hak dasar mereka. Dalam konteks perlindungan anak di Indonesia, telah diberlakukan Undang-Undang Nomor 35 Tahun 2014 tentang Perubahan atas Undang-Undang Nomor 23 Tahun 2002 tentang Perlindungan Anak. Untuk melindungi anak-anak dari penyalahgunaan narkoba, Indonesia juga menerapkan Undang-Undang Nomor 35 Tahun 2009 tentang Narkotika. Kedua, bentuk perlindungan yang diberikan kepada anak sebagai pelaku tindak pidana penyalahgunaan narkoba dalam sistem peradilan pidana anak di Indonesia, berdasarkan Undang-Undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak, memungkinkan pemrosesan anak yang melakukan tindak pidana melalui proses hukum, termasuk anak-anak yang terlibat dalam penyalahgunaan narkoba, yang mungkin menjalani proses peradilan pidana formal.
Kata kunci: Anak, Penyalahgunaan narkoba, Peradilan anak, Perlindungan hukum, Narkotika
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Yushkevych, O. G. y M. Yu Burdin. "Parental kidnapping as a form of abuse of parental rights". Bulletin of Kharkiv National University of Internal Affairs 105, n.º 2 (Part 1) (29 de junio de 2024): 74–83. http://dx.doi.org/10.32631/v.2024.2.07.
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The article explores the legal phenomenon of “parental kidnapping”. It is noted that Ukrainian legislation lacks a definition of this legal phenomenon. The author suggests understanding parental kidnapping as the action of one of the parents regarding the unauthorized change of the child’s place of residence without the consent of the other parent with whom, according to the law or a court decision, the child resides. This includes abduction, leading to a violation of the child’s rights and causing material or non-material harm. Statistical data from the Secretariat of the Commissioner for Human Rights of the Verkhovna Rada of Ukraine for 2022–2023 regarding the number of parental requests for the unauthorized change of the child’s place of residence by one of the parents is provided. The legislative regulation of this legal phenomenon and the peculiarities of holding parents accountable for such abuse of parental rights in Ukraine are analyzed. Ukrainian legal practitioners categorize the actions falling under the concept of “parental kidnapping” as domestic violence against the child in the form of psychological violence, especially towards the other parent with whom the child lived before the abduction. In cases where there are signs of physical injuries on the child, physical violence against the abducted child is also considered. The legal positions of Ukrainian courts in cases of parental kidnapping are discussed. Generally, since there is no legal provision specifying responsibility for such actions, in cases where the evidence presented by the plaintiff parent proves that the other parent changed the child’s place of residence without authorization, the court grants the plaintiff parent’s claim for the return of the child. Proposals are formulated for measures that need to be implemented to prevent, counteract, and legally hold accountable for parental kidnapping.
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Prahassacitta, Vidya. "The Concept of Extraordinary Crime in Indonesia Legal System: is The Concept An Effective Criminal Policy?" Humaniora 7, n.º 4 (30 de octubre de 2016): 513. http://dx.doi.org/10.21512/humaniora.v7i4.3604.
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The concept of extraordinary crime was a common concept in Indonesia. Adopts from the concept of the most serious crime in Rome Statute and adjusted with the Indonesian legal system. Then it developed wider and introduced into terrorism, corruption, drug abuse offenses, and child sexual abuse in legislations and Constitutional Court verdicts. The implementation of this concept generated some consequences in drafting and formulating the legislation as part of penal policy. This leads to two legal problems; first, what was the categorization of the concept of extraordinary crime? and second, what were the consequences of the concept extraordinary crime in accordance with penal policy?. Normative law research with literature study method, This was a conducted as the response of both legal problems. Using secondary data from legislation, Constitutional Court verdicts, book and journal, this research concludes that; the concept of extraordinary crime parts of criminal policy does not have any standard for the categorization. Then, as consequences of the implementation of the concept of extraordinary crime in several penal efforts are formulating in legislations. The penalty effort is not limited to criminalization and sentencing aspects but wider and shall be in line with the strategy of crime eradication and welfare protection purposes. To reach the effectiveness of the criminal policy of the concept of extraordinary crime, the penalty effort shall be in line with criminal law principles and human right basic principles.
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Putu Ayu Sarina Selsa Oktaviani, Anak Agung Sagung Laksmi Dewi y I Nyoman Gede Sugiartha. "Penerapan Diversi melalui Pendekatan Keadilan Restoratif (Restorative Justice) pada Anak Pelaku Penyalahgunaan Narkotika". Jurnal Preferensi Hukum 2, n.º 1 (19 de marzo de 2021): 202–6. http://dx.doi.org/10.22225/jph.2.1.3068.202-206.
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This research aims to find out how implementation of the diversion of the perpetrators of the abuse of narcotic drugs by using the method of the approach of restorative justice by involving the perpetrator, the victim, the family of the offender or the victim, community counselors and professionals. The research method used is the normative legal research with approach of legislation, articles as well as the doctrine or the views from experts associated with the diversion and narcotic in children. With regard to the handling of child abuse of narcotic drugs, the problems in this thesis is the arrangement of diversion by law about the criminal justice system of the child and the application of diversion through approach restorative justice in the criminal offence of child perpetrator of abuse of narcotic. The settings regarding diversion here is actually a settling criminal acts with children outside of the criminal justice process. Where the diversion can be carried out against the perpetrator of the crime that the threat of punishment of less than 7 (seven) years and is not a repetition of the crime. Against the application of the abuse of narcotics diversion for children conducted through deliberation in accordance whit the provisions of article 8 of law about the criminal justice system so that children can make a deal with diversion consider the child’s interests, in this case intended to avoid and keep children from the judicial process. In terms of the results of the diversion agreement already agreed upon with the parties where the implementation of the outcome of the diversion agreement would of course also have to be monitored both from the elderly, the environment, and investigators also rehabilitation center to ascertain if the result of the diversion deal was already done by the child and reported to the Chairman of the District Court where the implementation of such diversion is implemented.
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Katerynchuk, K. V. y O. L. Matsiuk. "Comparative Characteristics of International and Legal Standards in the Field of Children Rights Protection". Bulletin of Kharkiv National University of Internal Affairs 94, n.º 3 (29 de septiembre de 2021): 304–15. http://dx.doi.org/10.32631/v.2021.3.28.
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The current state of child protection through the prism of international, criminal and constitutional law has been studied. The concept of “a child” and the age limits, which are contained in the Convention on the Rights of the Child and the Family Code of Ukraine, have been analyzed. The legislation of some countries has been studied for further establishment of features and ways of counteraction to violence against children.
The emphasis has been placed on the current legislation, such as the murder of a newborn by the mother and the online harassment of children.
Child abuse and neglect of the interests have serious consequences: deterioration of the health; developmental delay; socialization of a child; threat to life and sometimes death of a child. It has been stated that every child, regardless of status and origin, has rights and has to be protected.
It has been established that the issues in the field of children rights’ protection currently need to be comprehensively considered and supplemented. At the legislative level, a system of measures for the rights and interests of the child has been developed, but according to the practice, it is ineffective, because there is no control over children rights’ protection in Ukraine. An important role in this matter is played by the Ombudsman, who must monitor the rights of the child, as well as must respond to cases of abuse and take appropriate measures to prevent and counteract them.
It has been noted that the international mechanism for children rights’ protection testifies to the urgency of this problem throughout the world. Public policies in many countries are aimed at combating various forms of violence against children, but such measures in most countries are ineffective. To solve this problem, we need appropriate programs of a social protection and informational function. The authors have elaborated propositions to improve the legal provisions that can help to resolve the problematic issues of protecting children from various forms of violence.
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Hansen, Patricia y Frank Ainsworth. "In ‘The Best Interests of the Child’: Critical Reflections on an Overused Construct". Children Australia 36, n.º 1 (1 de abril de 2011): 12–17. http://dx.doi.org/10.1375/jcas.36.1.12.
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The construct ‘the best interest of the child’ is embedded in child protection legislation in all Australian states and territories. This phrase or construct in its modern iteration that dates from 1973 is constantly evoked when decisions are being made about a child's future following the substantiation of a case of child abuse and neglect. The use of the best interests of the child as a standard for decision-making, even though there is no consensus in law or social science as to what the construct means, needs to be questioned. What often follows from reliance on the best interests of the child is the placement of a child in foster care or kinship care in the hope that this will produce a better outcome for the child than if they remained in parental care. No doubt this is true for some children. Recent outcomes studies of foster care point to less than promising results for many children. As a result it can be argued that placing a child in foster care is a gamble with the child's future life.
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Abbing, Henriette Roscam. "Medical Confidentiality and Patient Safety: Reporting Procedures". European Journal of Health Law 21, n.º 3 (11 de junio de 2014): 245–59. http://dx.doi.org/10.1163/15718093-12341319.
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Medical confidentiality is of individual and of general interest. Medical confidentiality is not absolute. European countries differ in their legislative approaches of consent for data-sharing and lawful breaches of medical confidentiality. An increase of interference by the legislator with medical confidentiality is noticeable. In the Netherlands for instance this takes the form of new mandatory duties to report resp. of legislation providing for a release of medical confidentiality in specific situations, often under the condition that reporting takes place on the basis of a professional code that includes elements imposed by the legislator (e.g. (suspicion of ) child abuse, domestic violence). Legislative interference must not result in the patient loosing trust in healthcare. To avoid erosion of medical confidentiality, (comparative) effectiveness studies and privacy impact assessments are necessary (European and national level). Medical confidentiality should be a subject of permanent education of health personnel.
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Boratyńska, Maria. "The Dysfunctionality of the Protection of the Rights of a Minor Patient. Part 1: Representation of Interests and the Right to Information". Annales Universitatis Mariae Curie-Skłodowska, sectio G (Ius) 70, n.º 1 (17 de julio de 2023): 39–69. http://dx.doi.org/10.17951/g.2023.70.1.39-69.
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The article considers the functionality of protecting the rights of the child as a patient from abuse of parental authority and assesses the possibility of independent activity of adequately mentally mature children. In Polish medical law, the age ceiling for limited decision-making capacity in of consent to medical acts is set too high. The legislation only regulates the issue of decisional age from the side of the validity of the consent for the provision of medical service and the due medical information. Even the best parent is, after all, only a third party to the personal interests of his/her child and is not entitled to the right to exercise his/her rights as a patient. The consequences of neglecting care in matters that do not require immediate medical attention can be harmful when they result in future bodily dysfunctions, such as worsening visual impairment or dramatic dental defects. Medical law, however, does not differentiate between the rights of a minor. A highly defined decision age ceiling is dysfunctional in many respects because it does not distinguish between a newborn and a 15-year-old, whereas already school adolescents show at least a limited understanding of their own health matters health. Although the law provides for applying for the authorization of a guardianship court, this method is completely ineffective unless it is carried out by an adult. The child should be equipped with the legal means to act independently, freely, and free of to act without the involvement of protective services, at least in relatively simple and obvious matters. After a deeper analysis of the norms, it appears that the legal sanctions for medical assistance in ordinary health matters, given to a child under conditions of abuse of parental authority, can be overruled by an argument of a conflict of goods and interests.
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Kozachenko, A. I. "Democratization of Zemstvo Electoral System in Ukraine after February Revolution of 1917". Problems of Legality, n.º 153 (16 de junio de 2021): 18–26. http://dx.doi.org/10.21564/2414-990x.153.225825.
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The paper analyzes the legislation of the Provisional Government of Russia of 1917 which ensured the democratization of the Zemstvo electoral system by introducing general, equal, direct elections by secret ballot. According to the transitional legislation of 1917, elections of county and provincial councillors were held according to the proportional electoral system. As a result of the elections, the provincial and county zemstvos were Ukrainized and democratized by involving peasants’ representatives. However, given voters’ low political culture and lack of political experience, this electoral system proved ineffective. Participation in the elections of mainly one public organization - the Peasants' Union, which received the right to elect provincial councillors, led to a decrease in the zemstvo governors’ professional training level, which was one of the reasons for the zemstvo self-government decline. Elections of volost councillors on the resolution of county zemstvos representatives’ congresses could be held under both majority and proportional electoral systems, which indicates the expansion of suffrage. On the territory of the Left Bank of Ukraine, the elections of volost councillors were held under the majority electoral system, which was quite justified, as voters were not ready for elections on the basis of the proportional system. Holding the volost elections showed a number of shortcomings, which, objectively, included insufficient level of election commissions’ preparation and, as a result, violations of the law. The low level of voters’ political and legal culture did not allow to ensure the proper conduct of the election campaign. Opposition by anti-democratic and anti-Ukrainian forces in the process of holding zemstvo elections led to absenteeism among voters.
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Bessette, Michelle M. "The Military Child Care Act of 1989". DttP: Documents to the People 48, n.º 4 (4 de diciembre de 2020): 13. http://dx.doi.org/10.5860/dttp.v48i4.7477.
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The Department of Defense (DoD) operates the largest employer-sponsored child care in the nation. For Soldiers, Sailors, Airmen, Marines and more, the Military Child Care Act (MCCA) of 1989 was enacted to establish law-mandated standards for all branches. Providing high-quality, available child care to service members helps maintain a mission ready force. Before the passing of the MCCA, the services’ child care programs were tainted with poor oversight, deplorable conditions and child abuse scandals detailed in GAO reports and congressional hearings. Investigations and legislative activity leading up to the passing of the MCCA, which became law under the National Defense Authorization Act of 1990 and 1991, forced the DoD to take responsibility for a new breed of service members—the military family.As a military spouse with children and employee of the DoD who co-supervises a child development center (CDC), I understand the importance of the MCCA and am able to witness DoD’s investment in their military families. The history of abhorrent conditions has all but vanished, due in part to public access of government publications. The timeline of this legislation in combination with nongovernment publications helps tell the story of the how the military model of child care became one in which the civilian sector strives to accomplish. My decade long career of federal service, my desire to be more knowledgeable of the original MCCA and my interest in military history inspired my research. My intended audience are those unfamiliar to military child care and those who may not understand the needs and sacrifices of our nation’s military families.
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VINCENT, AVIVA, SHELBY MCDONALD, BETHANIE POE y VICKI DEISNER. "THE LINK BETWEEN INTERPERSONAL VIOLENCE AND ANIMAL ABUSE". Society Register 3, n.º 3 (2 de enero de 2020): 83–101. http://dx.doi.org/10.14746/sr.2019.3.3.05.
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In 2018, more homes in the US have pets than those that have children. Though pets are regarded as property by US law, a majority of people identify pets as part of the family unit. Animal abuse and cruelty have been identified as a potential indicator and precursor to interpersonal violence (IPV). Moreover, child maltreatment, domestic violence, elder abuse, and animal abuse co-occur in households and communities link together to indicate the nexus of these heinous crimes; these co-occurring forms of violence have been increasingly referred to as The Link, to indicate the linked violence. However, there is an incongruence in the definition of animal abuse and cruelty; thus, documenting cases, bringing charges, and achieving a conviction is difficult. Furthermore, the initial education to learn of these topics in human service professions, such as social work, remains absent from many curricula. In practice, cross-reporting of suspected abuse or neglect is a vital mechanism for connecting human and animal professionals to address the issues between human and animal welfare systems. This sharing of information can increase the likelihood that clients experiencing IPV will receive comprehensive services that can improve their level of safety and quality of life. By providing professionals with education for indicators of abuse, and strategies for how to make a report, communities can build stronger support networks for those in need. Herein, Ohio legislation and current community efforts serve as a case study to define animal abuse, delineate transdisciplinary factors for relevance, and make recommendations for addressing this vital social welfare need. The strategies within this case-study are encouraged to be adapted and applied nationally and internationally.