Дисертації з теми "Les droits de l'enfant"
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Dastugue, Isabelle. "La Procréation artificielle droit à l'enfant ou droits de l'enfant /." Lille 3 : ANRT, 1988. http://catalogue.bnf.fr/ark:/12148/cb37604278t.
Повний текст джерелаMbandji, Mbéna Étienne. "Les droits fondamentaux de l'enfant en droit camerounais." Thesis, Toulouse 1, 2013. http://www.theses.fr/2013TOU10005/document.
Повний текст джерелаLegal instruments of protection of fundamental rights of the child are constantly reinforced in the international order, with almost regular membership of Cameroon. This reception of international rules is done in contrast to the state of the texts applicable law, characterized by both legal pluralism and judicial. The observation of the implementation of the rules on the primacy of the best interests of the child, the protection of his existence, dignity, education, the enjoyment of the principles of equality and the proper administration of justice, shows the immensity of transformations to undergo by internal legal mechanisms to bring standards. There is an urgent need to examine the issue of the effectiveness of the rights of the child. Therefore, the fundamental rights of the child have a relative achievement in law because their regular affirmation was not followed by a significant adaptation of legal protection provided by the private law. The system of child protection in civil matters has remained static with all its contradictions while in criminal cases, it has been partially revised but remains inadequate. Such a demonstration inspires the need for redevelopment national law and policies on child protection so that, the device conforms to the legal philosophy of hierarchically superior norms. To achieve this, reorganization should lead to the revision of the substantial and jurisdictional mechanisms. Consideration of fundamental rights in domestic legislation is relevant. Family institutions, judicial and prison, should therefore, incorporate the rights of the child as a completely separate component in the category of litigants
Gris, Christophe. "Les droits de l'enfant a l'épreuve des droits parentaux : l'exemple du rattachement familial de l'enfant." Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40067/document.
Повний текст джерелаThe profound changes in our way of life, (desire for equality, feminism, generalization of reconstituted families, social acceptance of homosexuality, consumer society, individuals’ identity becoming immaterial on digital networks), have gone along with a radical change in the way of thinking of how children are affiliated to a family. The mention of both parents’ names on a birth certificate, or the recognition of a child are two promising medium, yet to be examined. Concerning adoption, it is founded upon a more abstract link based on volition, meaning that it may no longer require to take into account the circumstances surrounding the adoption. Finally, parallel to genetic filiation and voluntary filiation, a new category of filiation is taking shape: polygoneic filiation (multi-parental filiation), which is based on facts and pushed by the affection felt for the child, and which will require a legal content in the best interests of the child. Beyond all these forms of belonging to a family, we can then wonder what will become new rights for children. Will a child have the right to have specific parents? What will be the criteria for equality between children in the future? What benefits will the child attain after these evolutions? What importance should be given to his/her views? More than ever, it will be crucial to re-examine an equable and predictable legal framework for family bonds which would take into consideration the new public order of the family: the rights of the child
Tresch, Nathalie. "Le corps de l'enfant." Université Robert Schuman (Strasbourg) (1971-2008), 1996. http://www.theses.fr/1996STR30007.
Повний текст джерелаThe thesis is divided in two main parts. On one hand the protection of the child's body, on the other its utilization. One tries to verify to what extent the protection and the utilization can be compatible and to criticize the situations where utilization takes over protection. Mostly one studies the medical right because it allows to separate the notion of body from the one of person. The parental power is analyzed in the different types of families as well as the conditions of its exercise, like the interest of the child, the information of the parents, the evaluation of the seriousness and the urgency of the medical operation. One also takes into consideration the participation of the child in the bringing of the question to a decision, as well as the intervention of the judge in case of danger. The part dealing with the utilization of the body involves an analysis of the laws of july 29, 1994, known as bioethical laws. One studies the taking of organs - especially the bone marrow - as well as the genetic tests or print taking, based on samples from children's bodies. The experimentation of biomedical technics and the abuses that can be linked to them are also be taken in account. The states before birth and after death are autonomously considered because the status of the child is controversial in these cases. The embryo and fetus are only very partly protected and differently according to their localization in utero or in vitro
Honhon, Yves. "L'enfant et le droit." Nantes, 2009. https://archive.bu.univ-nantes.fr/pollux/show/show?id=cc354230-1b2e-4551-9038-036f68f5b6b9.
Повний текст джерелаThe first article of the international Convention on the rights of the child, because it draws for the first time a temporal definition of the child, tries to fill a gap installed by custom. The right of the child presents this peculiarity to exist, without any definition of the subject it is concerned with. If the child is present in the law, he's represented by his status of minor, but not as a person. The assimilation of the child to the minor (and the adult to the major) has to be strictly revised. The lawyer must reconsider his certainties to build a definition of the child, as complete as possible, in order to determine his characteristics from which proceeds his specificity. It is only to this condition, initial and crucial, that the right of the child can be studied. Now, this right, not very perceptible and therefore, understandable with difficulty, is relatively underestimated. The text of the international Convention on the rights of the child of 1989 seems to be a kind of guide to follow in order to adopt some new laws specific to childhood. But, it is not simply a juridical frame, this Convention is in reality an essential juridical tool, in the heart of many international doctrinal opinions. Only a global view of the Convention and the recommendations of the Committee of the rights of the child allows understanding their extent and their interest. Moreover, it is only through a complete knowledge of the international law about this question that the internai law can be compared with it
Malaterre, Ségolène. "Les droits de l'enfant : l'intervention de l'état dans l'éducation de l'enfant." Université Robert Schuman (Strasbourg) (1971-2008), 2002. http://www.theses.fr/2002STR30020.
Повний текст джерелаThe implementation of the International Convention for the rights of children adopted on 20 November 1989 and the recognition of a certain independence of children by means of their participation right has entailed a modification of the relationsships between children and their parents as well as between children, their families and the State. Re-examining the relationships between children their families, and directly between children and Society is the unexpressed challenge of the Convention. The point is to seek out the optimal balance between the rights and responsibilities of parents, the rights of children, and the obligation accruing to the State to ensure protection of children. Children are no longer simply beings to be protected, but also have rights. The entails a presentation of the fields in which the innovative independence granted to children has led them to apprehend themselves the full measure of their civil and civic responsibility. The necessity to find a balance between the principles of independence and protection is underlying in actions led in favour of children's rights. Greater recognition of children's rights does not adversely affect the primary educative rôle of parents and the principle of parental authority that stems there from. The aim is not to place children's rights in competition with parental authority, but to seek a harmonisation of rights and duties of all, although the evolution of the family requires the law to adapt (right of children to be raised by both parents whatever their legal situation and taking into account the progression of recomposed families). Within the context of these educative parental roles, the State intervenes mainly within two fields essential to the life of children : school education and justice, which acts as a regulator of family relationships. The State is under the obligation to provide each child, in an equal manner, with the necessary education for its future adult life. Ln the same manner, the State has to ensure respect of the child's rights when confronted with justice, mainly within the framework of organising the modalities for the exercise of parental authority subsequent to divorce proceedings or separation or - assistance. Within this context, the child's place shall be guaranteed by the recognition of the right to be heard during any proceedings, which concern it
Couturier, Bourdiniere Lucile. "La protection internationale des droits de l'enfant." Paris 2, 1999. http://www.theses.fr/1999PA020067.
Повний текст джерелаYouf, Dominique. "Introduction a la philosophie des droits de l'enfant." Caen, 1997. http://www.theses.fr/1997CAEN1232.
Повний текст джерелаThe international convention for children's rights, which was ratified by france in 1990, has established legal rights for children. This assertion of children's judicial subjectivity presents a rupture with the classical philosophy of natural right which, as in aristotle's philosophy, denied children any ontological and judicial otherness by reducing them to "parts of the father's belongings". The contractual philosophy of modern natural right acknowledged individuals as free and equal and thus enabled, not only a conception of human rights but permetted a philosophy of children's rights as well. Indeed, as for any other human being, children were the holders of human rights as soon as they were born, but, as they were considered immature, they couldn't make use of these rights before receiving protection and an education, which are necessary elements for the future use of their subjective rights and which constitued children's rights. To a certain extent, the convention for children's rights has broken away from this philosophy. By setting up children as subjects, it rejects their temporality, their future and their autonomous "right to be" which constitute children's very nature that rousseau was the first to discover. This work studies the judiciary status given to children by the contractual philosophers and invites us to follow this difficult road towards the idea of children's rights. It also updates the doctrinal difficulties met by the practical achievement of children's rights on the xixth century. These difficulties have found solution in the rejection of the philosophy of subject. The goal is to evaluate the problems in order to exceed them and find again the inspiration for the contractual philosophy of children's rights
Fariad, Aïcha. "Les instruments juridiques internationaux relatifs aux droits de l'enfant." Paris 8, 1998. http://www.theses.fr/1998PA081466.
Повний текст джерелаKane, Ameth Fadel. "La protection des droits de l'enfant pendant les conflits armés en droit international." Thesis, Université de Lorraine, 2014. http://www.theses.fr/2014LORR0122/document.
Повний текст джерелаThe protection of children rights victim of the armed conflicts is a recent and current problem which leans on the evolution of human rights and on the transformation of the nature of the conflicts. It raises the question of the existence of a substantial international normative frame, capable of assuring protection and assistance to the child in the grip of hostilities. On this point, it seems that the international law plans a set of legal mechanisms applicable to the child, whether he is direct or indirect victim of the conflicts, or that he participates directly in the hostilities. However, the examination of these instruments shows that they are often characterized by the generality of their measures which are not still adapted to the consideration of the specificity of the child. Furthermore, they sometimes raise questions of applicability. So, if we cannot deny them any effectiveness, this one remains partial in many cases. The adoption of legal mechanisms specifically applicable to the child, as the Convention on the Rights of the Child of 1989 and its optional protocols, had moreover for object to remedy this maladjustment and to establish the exhaustiveness of the legal framework. The obstinacy of the violations makes, however, normative inadequacies become aware and impose a redefining of the objective of protection. In this context, the growing implication of the Security Council, but also the criminalization of the violations committed during the armed conflicts, define a new approach of the responsibility of the international community on the subject. This intervention allowed, indeed, to remind to States their obligations and to adopt penalties against individuals offenders. Also, the condemnations pronounced by the International Criminal Court and the Special Court for the Sierra Leone for war crimes consisting in the recruitment and in the use of children soldiers mark the end of a denial of justice. However, the action of these jurisdictions is sometimes hindered by the complexity of rules governing the international justice or the lack of cooperation of States. Thus, an international frame object of all the contradictions emerges from it, where from the relativity of the system of protection. This puts the necessity of insisting on the first responsibility which falls to States in this domain
Zerrari, Donia Dupuis Michel. "Les droits de l'enfant dans le conflit armé." [S.l.] : [s.n.], 2006. http://edoctorale74.univ-lille2.fr/fileadmin/master_recherche/T_l_chargement/memoires/intercomm/zerrarid06.pdf.
Повний текст джерелаZamiri, Mohammad Ali. "Le statut de l'enfant en droit iranien à la lumière de la Convention internationale relative aux droits de l'enfant." Paris 11, 2000. http://www.theses.fr/2000PA111010.
Повний текст джерелаPauti, Christine. "La liberté religieuse de l'enfant en droits français et italien." Paris 1, 2001. http://www.theses.fr/2001PA010337.
Повний текст джерелаPrasong, Orapim. "La protection des droits de l'enfant par la Cour européenne des droits de l'homme." Thesis, Bordeaux, 2016. http://www.theses.fr/2016BORD0137/document.
Повний текст джерелаAlthough not originally designed as a child-centered Convention, the EuropeanConvention on Human Rights generated through the dynamic interpretation of the European Courtof Human Rights, the most abundant case law of all the instruments of this type on the rights of thechild. With a favorable legal space to protect child’s rights, the European Court lacks a text onwhich it can base an interpretation on. That is why it mainly refers to the Convention on the Rightsof the Child, which is the most detailed and the most suitable Convention for protecting child’srights specifically. Through the mobilization of the UN Convention on child's rights and theintegration of the concept of the best interest of the child contained in this instrument in itsreasoning, the European Court uses this Convention as a tool to construct its own case law on thespecific protection of child’s rights. But if the integration of this Convention in the reasoning of theEuropean Court is a factor of harmonization to the extent that it encourages the Member States ofthe Council of Europe to implement the international treaty while providing a commoninterpretation its provisions, no absolute uniformity is required. The study of the European Court’scase law underlines its growing will to make the European Convention on Human Rights asubsidiary conventional instrument to child’s rights protection
Hamlaoui, Leïla. "L'enfant pauvre et le droit." Paris 2, 2010. http://www.theses.fr/2010PA020106.
Повний текст джерелаDe, Dinechin Philippe. "La réinterprétation en droit interne des conventionsinternationales sur les droits de l'homme.Le cas de l'intégration de la Convention des droits de l'enfant dans les droits nationaux en Amérique latine." Phd thesis, Université de la Sorbonne nouvelle - Paris III, 2006. http://tel.archives-ouvertes.fr/tel-00089974.
Повний текст джерелаGarompolo, Devidal Mélinda. "Droit international public et action humanitaire : deux "acteurs" de la protection des droits de l'enfant." Thesis, Dijon, 2014. http://www.theses.fr/2014DIJOD002/document.
Повний текст джерелаBy making a survey of the several rules of current public international law, this dissertation will try to make the reader undestand the importance of the protection of children's rights all over the world. Nowadays, children die every minute because of conflicts, diseases, malnutrition..., a lot of them are exploited and have no possibilities of going to school, seeing their future escaping them every day a little more. It is against all these too recurring problems that States have to intervene by exercising their legislator's role, both on the international level and on the national level. But they also have to take their role of subject of law by respecting the international conventions which they made a commitment to respect of their own free will. This respect requires them to protect the children by offering them the possibility of enjoying humanitarian aid set up by many organizations loudly proclaiming that everybody has to act, in one way or another, to allow the development of many and various actions in spite of difficulties
Graziani-Jaujon, Laurene. "L'enfant et les procédures contentieuses internationales." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1019.
Повний текст джерелаThe procedural capacity of children has progressively been recognized by some international judicial authorities. Generally without legal capacity, minors do not have the ability to act directly before domestic courts. However, minors have been able to claim violations of their rights before international authorities, taking into account their victim status rather than their age or legal status. Supported by an emancipatory approach, this new role of children on the judicial scene does not call into question the necessity to give them a special status. Indeed, children could not be subject to the same rules as adults because of their singular status, especially since they have to face additional obstacles, including legal, political, socio-economic and cultural obstacles. Thus, a series of measures must be adopted to supervise their participation and to ensure that the procedures are adapted. Fundamental guarantees of the right to a fair trial need to be respected, while taking into account the child’s specific interests and his evolving capacities. The main challenge in this process is to find a balance between protection and participation. The debate on the child's capacity is at the core of this study, as well as the evolution of the conception of children's rights and the difference dilemma. Best practices are thus defined. The role of the child is also exemplified. Considered as an actor, he is also a partner guiding adults in the process
Coulibaly, Mahamane. "L'adoption et les droits de l'enfant en Afrique francophone : réflexions sur les droits malien et sénégalais." Thesis, Université Grenoble Alpes (ComUE), 2015. http://www.theses.fr/2015GREAD008/document.
Повний текст джерелаThe Laws in Mali and Senegal concerning child adoption have considerable weakness to which this thesis tries to deal with. In fact, Malian and Senegalese Law-makers, in their effort of codifying the adoption law, have unfortunately adopted French legislation on adoption, ignoring the socio-legal standards of their own countries. In these countries, there are two forms of legal adoption based on the French model. In Mali, there are direct descendant adoption and adoption for protection; whereas in Senegal there are plenary and short-term adoption. Such legislative typology concerning adoption suffers a lack of balance and coherence in its structure and purpose as well. Consequently, it does not provide strong protection of the rights of both Malian and Senegalese Children. With legal adoption, coexist in both countries, circumstantial adoption to which resists the Law. So, traditional and recurrent practice of Children in custody in families in these countries remains a bizarre area sheltered by Law. These circumstantial adoptions correspond to a kind of social and affective parenthood which is supposed to make law. By legalizing circumstantial adoption, Malian and Senegalese law-makers would create a possibility of the creation of an adoption model without direct descendances according to Malian and Senegalese contexts which are more favorable to intra-family adoption. Some fundamental rights of the Child would be better guaranteed. However, the laws concerning international adoption in both countries is in its embryonic stages and need to be better established. In this perspective, it is worth maintaining and reinforcing the key principles according to the Hay Convention of 1993 concerning international adoption, and insert some controversial rules and laws into domestic legislations of the two countries concerning international adoption where the deep interest of a child in family-forfeiture is most respected. These new rules will permit to determine the legislative capability and efficiency in Mali and Senegal concerning decisions made abroad by countries which are not concerned by the Hay Convention of 1993
Loussaif, Catherine. "Concept et réalité des droits de l'enfant : approche pluridisciplinaire de certains droits économiques, sociaux et culturels." Paris 1, 1996. http://www.theses.fr/1996PA010279.
Повний текст джерелаThe economic, social and cultural rights are originated from the system of human rights protection. They have been officially recognized to the children, under 18 years aged persons, by the convention on the rights of the child unanimity adopted, on the 20th november 1989, by the general assembly of the united nations. The study of the economic social and cultural rights should pay attention to the spirit of this united nations instrument, contended in its preamble : the child, due to his lack of maturity, needs a special protection which falls in priority on his family. But, today, it has to face serious issues, like unemployment and poverty. The evolution of the world economic situation and the spending cuts pass on the family's ability to play its role with efficience, and then on the effective enforcement of the economic, social and cultural rights of the children. Within a distinction between the industrialized countries and developing countries, we will specially study four themes : the maltreatment, the international adoption, the economic and sexual exploitation, and the education of the children
Alraman, Mansur Kamis. "Mise en oeuvre de la Convention internationale relative aux droits de l'enfant en droit international et en droit libyen." Thesis, Clermont-Ferrand 1, 2011. http://www.theses.fr/2011CLF10363.
Повний текст джерелаThe International Convention on the Child’s Rights, ratified by almost all the countriesin the world, including Libya in 1991, has established the children’s legal rights as subjectof law, both at the national and international levels.This convention built up a system of human rights devoted to the child where hebecame a rightsholder from his birth. It also provided him with the full array of civil,political, cultural, social and economic rights of all children. The implementation of theserights is met with several limitations and obstacles.The immaturity of the child does not permit him to dispose of them before he receivesthe necessary protection and education, all this being prerequisites for the future use of hisrights. International mechanisms are not effective enough. The control functions of theCRC and UNICEF are too often inadequate and their improvement is a challenge for amore concrete and real principle generated by the CRC.Besides, at a state level one can notice a discrepancy between commitments and whatreally happens on the field. This contradiction raises difficulties for the practical realizationof the measures of this Convention, which must find their solution in effective internationalcooperation.The implementation of the CRC in Libya’s legal system has still some drawbacks. Thesocio-Cultural restrictions lead to several conflicts between international standards and theIslamic Law. Although some measures were taken to improve the situation, too manydifficulties remain that prevent the children from our country from being treated with thesame fairness and equality as those from other countries
Gusan, Ana. "L'autonomie de l'enfant en droit international." Thesis, Bordeaux, 2019. http://www.theses.fr/2019BORD0289.
Повний текст джерелаThe concept of "child autonomy" is not fully seized by the international legal order. This is due to the vulnerable nature traditionally granted to the child and the conceptual confusion with the personal autonomy applicable for the adult. However, the 1989 Convention on the Rights of the Child is the first international instrument to counter such prejudices. We propose, in this thesis, to observe the way in which the CRC considers this unnamed object both in the preparatory work and in the practice of the Committee on the Rights of the Child. Consequently, its conventional construction, both objectivist and voluntarist, gradually brings the notion of "child autonomy" into the European legal order. This evolution, although still insufficient involves a more general reflection on the transformations undergone and to undergo by international law when it intends to deal with the concept "autonomy of the child"
Walther, Cornelia. "Le droit au service de l'enfant." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1093.
Повний текст джерелаA child is a being in development. S/he is a vulnerable person because of his/her physiological, mental and social status. Her/his protection and participation are required so s/he can grow and reach her/his potential. Every child has the same rights throughout the world, yet many suffer from deprivation and violence. This situation jeopardizes their future and that of the whole society. Because only the being who has been given the opportunity to evolve according to her/his inherent capacities will contribute to the progress of her Nation, which forms part of the international community's headway. Children's rights are everyone's responsibility. The State must respect and ensure respect of the Convention on the Rights of the Child, key treaty in this domain. The extended family is responsible for the well-being of the child in her immediate environment. Beyond this external stakeholders are involved. They shouldn't seek to replace but to enhance the capacity of family, community and State in protecting the child. There is a direct relationship between the right of the child and the duty towards the child, with the requirement to ensure results, as a consequence of the inherent logic of children's rights. Yet reality does not match the normative framework. While responsibility for others is recognized as an imperative of action from an ethical, religious and legal point of view, children suffer and die. Since laws alone are not enough to translate this universal norm into results, an additional device, complementary to the legal framework, must exist to protect the vulnerable being, and to ensure cohesion of the society that surrounds her
Malongue-Atangana, Thérèse. "La protection de la personne de l'enfant : étude du droit positif camerounais à la lumière de la Convention Internationale sur les Droits de l'Enfant." Lyon 3, 2001. http://www.theses.fr/2001LYO33004.
Повний текст джерелаEl, Qotni Hanane. "Les droits de l'enfant : étude du droit français et du droit positif marocain à travers la source du droit musulman." Thesis, Lyon 3, 2013. http://www.theses.fr/2013LYO30003/document.
Повний текст джерелаFrom purely theoretical ideas on the childhood, the fruits of a societal upheaval in west in the time of the Lights, were needed centuries to carry out the route leading to the legal recognition of children rights: the International Convention on the Rights of the Child of 1989 marks the outcome and the starting point of a new vision of the child. So, children rights became a political and legal stake for all the States which ratified it among which France and Morocco. If for France, the ratification of the CIDE was the continuation of reforms begun at the internal level, it is a question for Morocco of a first awarenessNevertheless, the recognition of children rights does not stop at the stage of the symbolic ratification of the international text. Involved states have to make effective the capacitieS of the CIDE whether it is at the level of the standard or in practice. The implementation of the international text among which its direct applicability in front of the judge, its realization in the everyday life of the child, the adoption of its philosophy and its new logic establishes the proofs of this gratitude. Indeed, it is at this stage that the differences between both studied legal systems take place.Between overflowing and breaches, omnipresence and occasionality, every context and every legal system dreads the question of children rights, in particular its effectiveness depends on its history, sociocultural process, political system and also its socioeconomic situation. In this way, the CIDE becomes a tool among of the other one and not the objective in itself. In the end it is the children rights which we want to realize and not the compromise agreed by the states who signed up the convention
Rosado, Da Silva Marie-Philomène. "Les libertés de l'esprit de l'enfant dans les rapports familiaux." Lille 2, 2005. http://www.theses.fr/2005LIL20023.
Повний текст джерелаThe promotion of the child's place in the family and his lack of protection gave place to the New York 1989 Convention adoption which recognizes to child rights and freedoms among which appear the freedoms of spirit. These freedoms have an essential role as they constitute the condition of access for the child to autonomy. However, the condition of the child doesn't enable him to exercise his freedoms fully. Insofar as he is subjected to parental authority, the child is generally tributary of the goodwill of his parents. How then reconcile the freedoms of the child's spirit consecrated by the texts with the rights given to his parents ? If the relations between parents and children are characterized by authority, this one has for only finality the best interest of the child. Consequently, in the search for a balance between freedoms of the child and parents'rights, it may be convenient to rehabilitate the abuse of right concept to control that parents correctly exercise their mission
Francoz-Terminal, Laurence. "La capacité de l'enfant dans les droits français, anglais et écossais." Lyon 3, 2007. https://scd-resnum.univ-lyon3.fr/out/theses/2007_out_francoz-terminal_l.pdf.
Повний текст джерелаThe study of the children's legal capacity in the French, English and Scottish law systems highlights three different approaches towards minority. However, the specificities of each system must not obscure the similarities between them regarding the legal status of the minor. All three systems gives first priority to the protection of the child and when the haw grants him areas of capacity it is always with the idea that it will be to his benefit. In the three systems under study, the mechanism of action on behalf of the child is the cornerstone of the minority system. However, in none of them is this mecanism intended to govern in absolute terms the entire period going from birth to majority. Indeed, each system, according to circumstances, recognizes the full capacity of the minor, and each of them organizes, in its own way, a transitional learning period of the legal capacity
Ayoubi, Idrissi Hynd. "La protection des droits de l'enfant au Maroc : constances et défis." Grenoble 2, 1998. http://www.theses.fr/1998GRE21027.
Повний текст джерелаPeople heve never talked so much about children's rights than in the past few years. The theme of children's rights is in the heart of the international, regional and national issues. But it is even more at the centre of ideologicaldenates, of juridical, family and political events. At the international level, according to some lawyers, the intense preoccupation for children's and their rights has led to the emergence of real international children's rights. Even if morocco plays part in an interdependent world game wich advocates both open relationships and internationalization, paradoxically it has also protectionist and nationalist practices. And the main concern of this work is about the protection of children's rights in morocco, with the following dialectics : constancies/challenges; protection/children's rights; universality/specifity; political democracy/economic and social democracy. . . . Then the analysis of the protection of children's rights in morocco will deal with two main points : at first, this study will focus on the protection of children's rights within their families in the light of the classical right and the contribution of the moroccan codification; then, it will deal with the guarantee and the protection under state control of the economical and social rights wich are recognized for children
Eydoux, Mélissa. "L'enfant face aux droits : réflexion sur le statut juridique du mineur." Thesis, Montpellier 1, 2011. http://www.theses.fr/2011MON10058.
Повний текст джерелаCivil majority is the keystone of minor's capacity. Since the law of July 1974 has been enforceable, every people under eighteen is unable to make legal acts. This system, resulted from the Roman period to the reform of march 5, 1974, bringing about the French revolution and the reform of march 4, 2002, has been worried by the protection of children. Even, legislator and case law, and also practical law, agree to offer to miners, a new progressive capacity. Nowadays, miner is not the child of yesterday, but not yet the adult of tomorrow. Thereby, the actual system, composed of imprecisions and confusions, seems to lead unavoidably to a profound reform of the children's law
Khan, Muhammad Mumtaz Ali. "Property, Object of Protection or Subject of Rights ? : journey towards the Best Interests of the Child : implementing UN Convention on the Rights ot fhe Child in Pakistan, France and UK." Paris, EHESS, 2015. http://www.theses.fr/2015EHES0059.
Повний текст джерелаDe, Mol Marie-Madeleine. "La protection de l'enfant." Nice, 1992. http://www.theses.fr/1992NICE0028.
Повний текст джерелаBiaou, Marie-Thérèse. "La réception de la Convention Internationale des droits de l'enfant au Bénin." Paris 1, 2012. http://www.theses.fr/2012PA010269.
Повний текст джерелаAgbé, Téta. "L'enfant délinquant ou en danger : étude comparée en droits français et togolais." Toulouse 1, 2001. http://www.theses.fr/2001TOU10021.
Повний текст джерелаBoth the delinquent child and the child in danger deserve protection, for the latter's security, integrity and morality are affected, the former, who in most cases had been a victim before becoming delinquent, stands in risk of mortgaging his future and compromising his destiny. Given the particular character of juvenile delinquency, the necessity of protecting the child and the need to re-educate instead of punishing him, the penal law applicable to minors has been progressively detached from the general penal law ( French bills of 2 february 1945, 23 december 1958 and the Togolese one of 17 february 1969). However, in spite of this spectacular evolution in the texts both on the international and national levels, the said protection remains illusory for the most part, particulary in the world countries
Poullennec, Erell. "Étude critique de l'effet des droits fondamentaux sur le droit civil de l'enfance." Paris 1, 2005. http://www.theses.fr/2005PA010297.
Повний текст джерелаDinechin, Philippe de. "La réinterprétation en droit interne des conventions internationales sur les droits de l'homme : le cas de l'intégration de la convention des droits de l'enfant dans les droits nationaux en Amérique latine." Paris 3, 2006. https://tel.archives-ouvertes.fr/tel-00089974.
Повний текст джерелаThe United Nations adopted the International Convention on the Rights of the Child (ICRC) on November 20th 1989. In Latin America, it has caused an upheaval in that area of law. The ICRC has been incorporated in national legislations and has become, in ten years, the benchmark for the area of child’s rights and related-law on the continent. A group of Latin-American lawyers has introduced a new interpretation of the ICRC that leverages this international legal instrument to strengthen democracy. The “doctrine of integral protection”, elaborated by these experts, advances new principles of the Rights of the Child based on the best interest of the child. Their work has been endorsed by the Inter-American Court of Human Rights, by the Committee on the Rights of the Child of the United Nations and by most national legislations of the continent. However, based on concepts of utopian law, the theoretical proposition advanced by these Latin-American legal writers does not render effective the ICRC in countries where the condition of children is often appalling. The gap between the large number of subjective rights and the actual situation of children demonstrates the limitations of this ever-growing body of law. As a new element of a legal pluralism, this new interpretation of the ICRC in Latin America is evidence of the democratisation of the continent and of the metamorphosis of the rule of law
Kabwa, Kabwe Gaston. "La protection du patrimoine de l'enfant en droits congolais et français comparés." Paris 1, 2012. http://www.theses.fr/2012PA010271.
Повний текст джерелаBatista, Sandie. "La protection des droits de l'enfant dans l'action extérieure de l'Union européenne." Thesis, Normandie, 2018. http://www.theses.fr/2018NORMR035.
Повний текст джерелаThe Treaty of Lisbon has deeply changed the scope of the external action of the European Union. One of the most important changes it has made to the European Union's external action is the constitutional objectives it now has to meet. Indeed, Article 3 §5 of the Treaty on EU concerns the international objectives of the EU. Among these objectives, one of them is particularly important. Firstly, because it reflects a new interest of the EU and, on the other hand, because it was unexpected: it is the aim of protecting children’s rights. The new status of the protection of children's rights in EU law has been relatively unnoticed and the doctrine has barely relayed it. This new aim on the international scene raises several questions related to the existence of legal tools for its realization or to the effectiveness of the measures adopted to protect children’s rights at an international level. These different issues are answered. However, the achievement of this objective reveals other difficulties that raise issues about the limits of European action and therefore the limits of the functioning of the EU. Children’s rights are a particular matter because they carry legal aspects, of course, but not only. The European Union, by deciding to incorporate their protection into its international objectives, finds itself in a balancing act, particularly in regard of the current international context, which combines armed conflicts, humanitarian crisis and major migratory movements. It is clear that, faced with this situation, there are many difficulties encountered by the EU for the achievement of this aim of protection of children’s right and even in making it a part of its external action
Dovy, Marielle. "L'enfant et le droit de savoir : l'accès à ses origines familiales." Lyon 3, 2002. http://www.theses.fr/2002LYO33017.
Повний текст джерелаNapoli, Claudia. "L'ONU face aux "pratiques traditionnelles néfastes" à l'égard de l'enfant africain." Rennes 1, 2012. http://www.theses.fr/2012REN1G010.
Повний текст джерелаFermaud, Laetitia. "La protection de l'enfant en droit public." Thesis, Montpellier 1, 2011. http://www.theses.fr/2011MON10069.
Повний текст джерелаThe implication of public institutions in the field of child protection is not new, the State has understood very early the importance and the need to attend to this category of citizens, members of which are highly vulnerable both physically and mentally. However, the research area of child protection in public law remains undisclosed, with a strong bias towards a civil-law type of approach The ambition of this study fully dedicated to child protection in public law, is to update the specific field of public action entirely devoted to satisfying children's welfare. Often criticized, the notion has sprung up as the heart of the system for protecting minors which, under its influence, is evolving startlingly towards an individualization of the public response
Barry, Thierno Souleymane. "La protection des droits de l’enfant face au travail : la nécessité d’un changement de perspective par l’extension du concept de travail décent et l’application de l’approche basée sur les droits de la personne." Thèse, Université de Sherbrooke, 2015. http://hdl.handle.net/11143/6003.
Повний текст джерелаDastugue, Isabelle. "La procréation artificielle : droit à l'enfant ou droit de l'enfant." Clermont-Ferrand 1, 1987. http://www.theses.fr/1987CLF10054.
Повний текст джерелаMassager, Nathalie. "Les droits de l'enfant à naître: le statut juridique de l'enfant à naître et l'influence des techniques de procréation médicalement assistée sur le droit de la filiation :étude de droit civil." Doctoral thesis, Universite Libre de Bruxelles, 1997. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/212236.
Повний текст джерелаVerdier, Pierre. "L'enfant pris en charge par l'aide sociale à l'enfance : objet de protection ou sujet de droit ?" Lille 2, 2005. http://www.theses.fr/2005LIL20003.
Повний текст джерелаThe main lines of Pierre Verdier's work for this thesis tend to – consider the child taken into care by the Child Social Care, no longer as an object of protection but as a subject of rigths – uphold one of the basic rigths a child is entitled to is to have parents whose capacity to bring him up is preserved – lay down it is a Human Right to know one's parents, one's filiation, and one's origin. To achieve this, the author proposes law reforms aimed at – establishing filiation automatically follows birth – accommodating the child who cannot be brought up by his parents so as to maintain the balance of rights (keep the posibility of secret but do away with anonymity) - implementing a unique mode of adoption respecting both filiations : by birth and by adoption
Capelier, Flore. "Droits individuels et intérêt général : l'exemple de la protection de l'enfance." Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010322.
Повний текст джерелаSince the second half of the twentieth century, the self-fulfillment of each human being has become a major concern in the law. Legal rules are therefore subject to new kinds of tension bringing into conflict, in the one band, the requirement of general, impersonal standards that apply in the same way to each and everyone and, in the other hand the need for an individualization of the public action that may make it possible to take account of the uniqueness of each situation. ln this context, the respect of fundamental rights acknowledged to any individual is a way to insure the fulfillment of common interest. Persons regarded as vulnerable, whose dignity may not be ensured, are now at stake. This general evolution of law is particularly notable in the field of childhood protection. When a child is endangered in his or her family environment, public authority is subject to contradictory requirements: ensuring the child's full development and respecting the prerogatives of parental authority. Therefore, the protection of individual freedom acknowledged to each family member demands an individualization of public action within the Iimits of an equal protection of rights and Iiberties throughout the country. The elaboration of a public response organized according to these various demands carries new contradictions within the law, between the protection of individual freedom in the one hand, and the free administration of local authorities in the other hand
Bideau, Cécile. "L'accès de l'enfant à la justice : en droit français et en droit québécois." Lyon 3, 2006. https://scd-resnum.univ-lyon3.fr/in/theses/2006_in_bideau_c.pdf.
Повний текст джерелаA comparative study between French and Quebec Law reveals that under French Law, less importance is given to the protection of the child than to his rights. Apart from specific procedures such as youth protection or penal procedures, access to justice for minors is still limited. The minor may only address the tribunal individually in exceptional circumstances. The right to be heard, recognized under the January 8th, 1993 Act, is still not applied properly. Quebec Law has found a balance between the protection a child needs and the exercice of his rights. The diversity of the systems developed under Quebec Law enables the child's access to the tribunal while preserving his interests
Seramethakun, Matalak. "La protection de l'enfant contre l'exploitation sexuelle : étude comparative du droit français et du droit thai͏̈landais." Toulouse 1, 2001. http://www.theses.fr/2001TOU10019.
Повний текст джерелаSexual exploitation is presented by mean of improper treatment. Laws of two countries acknowledge a duty of their families to protect but in case of deficiency, an external intervention is necessary. French legislation is developed some of innovation matters ; whereas Thai legislation does not include any specific measures, they do not mean that the protection is inefficient. This work is to present the possibility to transposition the French principle to Thailand and the restriction on implementation
Litaize, Nicolas. "Le droit à l'enfant." Thesis, Université de Lorraine, 2013. http://www.theses.fr/2013LORR0250.
Повний текст джерелаIt is commonly put forward that there is no such thing as a right to a child. Such a statement is however too peremptory in so far as it seems to be universally acknowledged without allowing any response whatsoever. It should thus be toned down or attenuated. On the one hand, some mechanisms of positive law, that may relate to the contents of the right to a child, may lay the foundations for it. On the other hand, when the implementation of such mechanisms does eventually lead to the taking in of a child, it can thus be possible to assert the existence of evidence supporting the need for this right to be recognised. However, in suchcases, it is never possible to reach a "right to..." label. Moreover, because Law is in a state of constant change, one should consider whether the right to a child could be asserted or whether one should rather improve its structural elements. Whereas the first hypothesis clearly appears unrealistic, the second one seems more achievable. But one should then fight all the incoherent legislative evolutions and conversely back or suggest any changes closely connected with the mechanisms potentially related to the right to a child
Eltashani, Mohamed. "La protection de l'enfant en droit Libyen : constats et perspectives." Thesis, Toulon, 2014. http://www.theses.fr/2014TOUL0083.
Повний текст джерелаThe purpose of this study is to address the protection of children in Libyan law. If the international community has worked to ensure that the child is a matter of complete and specific protection through various texts, not remains that the situation of the child continues to be patchy depending on his geographical and cultural location. Address the situation of children in Libya, is first of all, make a finding of its situation in a country that has experienced 42 years of dictatorship, where most of the democratic institutions were absent, where all power was centralized, where the law has evolved timidly preferring to remain in the wake of Islamic law. The study tries to provide an assessment of the situation of children in Libya in light of international standards, and comparing with the French law. The first part of this study, discuss about the status of the child in Libyan society, where it makes the difference between legitimate and natural children. What follows different rights. The finding is also done on the protection of the child by the family, or the state, to see how the Libyan law defines the roles and areas of intervention. The contribution of the state of French law allows us to have a different view, to see how we can improve the protection of children in Libya. In the second part, the study compared tackles, socio-educational and health policies offered by the Libyan and French right to the child, through the study of his situation at school, and their right to health. Finally, the protection of children against economic exploitation and crime remains a major challenge, which is why the study deals with the supply of Libyan and French law on the subject. This study attempts not only to draw up a report, but also provide some answers that may help improve the situation of the Libyan children
Amellou, Akila. "Le statut des mineurs étrangers isolés : les droits de l'enfant à l'épreuve des politiques migratoires." Paris 10, 2010. http://www.theses.fr/2010PA100010.
Повний текст джерелаSince the end of the 90’s the arrival of isolated foreign minors in France (children without any legal representative) has been a phenomenon which tends to strengthen and which destabilizes the french authorities. Children are facing serious risks of economic and sexual exploitation, their presence seriously questions their protection: if the french laws are relatively detailed, are they really effective ? In other words, does the notion of ‘danger’, which is mentioned in article 375 of the Civil Code, or at least the way it is interpreted, guarantee real protection against exploitation and abuse ? This study aims at showing that they are more often regarded as aliens than considered as children who are in danger. Indeed, for some years the government has expressed its will to control the flow of migrants and it lead the government to favor its security policies to the detriment of the laws protecting children rights (notably, the law concerning the higher interest of children that is specified in the 3rd article of the International Convention of Children Rights). In spite of the extent of the resources meant to take care of the isolated foreign minors, we must admit that this issue highlights numerous gaps : if they reveal the ineffectiveness of the current solutions, these gaps especially reflect an inadequate consideration of children rights