Suchergebnisse

From governments that enapt population-limiting legislation or commit wholesale neonaticide, to families who purposely allow a weak, infirm, or unfavorably gendered infant to perish rather than expend limited resources, neonaticide, and filicide are practiced on every continent and by every level of cultural complexity. What is endorsed in literature, biblical story, and fairy tale is condemned in popular culture. Taking an objective and diagnostic approach, Child Homicide: Parents Who Kill examines the crime of neonaticide from all angles including historical, cultural, psychological, and legal. The book details child homicide in its many forms such as shaken baby syndrome and Munchhausen by Proxy as well as the differing circumstances involved in infanticide and filicide. Unlike many books on the subject, it investigates the behaviour of the father - responsible in roughly 75 percent of these cases - whether aggressive, compolicit, or merely absent, and his ultimate culpability under the law ...

A Child marriage is a serious issue in Pakistani society particularly in rural areas and interior Sindh province. The reasons and forms of child marriages are very harmful and against the fundamental rights of children granted by various international and domestic laws. The practice causes severe effects not only to children but also to society as a whole. This article discusses the legislative efforts made by the United Nations and the international community to restrain child marriages around the globe. The issue of child marriages is discussed under the ambit of human rights and women's rights and highlighted in various conventions and treaties. State parties are bound to make their domestic laws according to the essence of such conventions and treaties. Similarly, Islamic law holds an important position in domestic laws of Pakistan. Therefore, the issue is analysed in light of Islamic law as well as international law. This research identifies and analyze the available international, Islamic and domestic legal instruments that are relevant to help in restrain of child marriage. The methodology employed in this research is qualitative method of legal case study, where by researchers analyzed secondary sources including articles, books, reports, online web sites and court cases. After the analysis of the available data and legal instruments, this research finds that i) child marriage in Pakistani society are practiced arbitrarily, ii) very young spouses are not having opportunity to pursue their post marriage education, iii) the community, especially female, are not aware of the existence of legal assistance in the legal system to protect them from such early marriage; iv) available laws in Pakistan are inadequate in restraining of the practice, v) equality promoted in the Constitution of Pakistan is not strictly followed by authorities, vi) although, international conventions condemn the practice but there is no proper international law sanction to prohibit child marriage vii) Islamic law permits a guardian of a child to marry off his ward before she attains puberty but the marriage can only be consummated after she attained puberty.

Received: 31 October 2020 / Accepted: 6 January 2021 / Published: 10 May 2021

To avoid reaching incorrect verdicts as a result of insufficient evidence, courts generally require witnesses to testify to all relevant facts within their knowledge. Two important exceptions to this general rule, incompetency and privilege, rest on very different rationales. Developed at common law to exclude unreliable evidence, rules of competency disqualify certain untrustworthy witnesses from testifying. To promote extrinsic public policies, however, privileges excuse competent witnesses from providing what may be highly probative and reliable evidence. In the past decade there have been calls for legislative or judicial recognition of a parent-child privilege, similar to the marital privilege, that would excuse parents from testifying against their offspring. In contrast to the virtually universal recognition of the marital privilege, however, among common law jurisdictions only Idaho recognized a parent–child privilege until a New York appellate court did so on federal constitutional grounds. This comment, in three parts, evaluates the propriety of recognizing a parent–child privilege. First, scrutiny of the general policy arguments advanced in support of the privilege and ananalysis of the privilege in light of Wigmore's conditions precedent to establishing any interpersonal privilege illustrate that sound public policy does not support recognition of a parent–child privilege. Second, despite the reasoning of the New York appellate court, the constitutional right of privacy does not encompass a parent–child privilege. Finally, the impossibility of fashioning an acceptable form of the privilege further demonstrates that a parent–child privilege should not be recognized.

Robyn Powell (University of Oklahoma - College of Law; Brandeis University - The Heller School for Social Policy and Management) has posted Under the Watchful Eye of All: Disabled Parents and the Family Policing System's Web of Surveillance (112 California...

The provisions relating to celibacy are known in the Civil Code, Law No. 1/1974 and KHAI. In this study, the questions to be considered relate to the agreement on how to name parents in Indonesia before the release of Government Regulation No.29 in 2019 and on how to name parents in Indonesia after the publication of No.29. 29 in 2019. That is. Islamic law point of view. This study method analyzes the relevant legislation on the issues acquired with the help of the study of normative law, and the essence of this study is an explanatory analysis that explains the law and regulation. Based on the legal theory of the provisions and regulations in force for the appointment of guardians in all related Islamic laws. If the parent of the child is unable to bring legal action, or if there is no unspecified place of residence or place of residence, the parent's status as guardian of the child must be replaced by an eligible natural or legal person. By the decision of the Inquisition for Muslims and the District Court for non-Muslims or the creation of a tribunal.

This booklet explains the different things that might happen in a child abuse case, and what can be expected along the way from the Department of Social Services, the Guardian ad Litem, your lawyer and the court system.

"Die Beziehung zwischen Kindschaftsrecht und den Human-/Sozialwissenschaften ist so offensichtlich, dass eine Klärung und Systematisierung dieses Verhältnisses überflüssig schien. Der Ruf nach einer Integration der Human- und Sozialwissenschaften in Rechtswissenschaft und in Rechtsanwendung war in den 1970er und 1980er Jahren des vergangenen Jahrhunderts en vogue; sie wurde in Ansätzen verwirklicht, aber auch wieder zurückgenommen. Die Notwendigkeit, Erkenntnisse der Human-/Sozialwissenschaften in der Familienrechtswissenschaft, der Gesetzgebung und der Rechtspraxis zu beachten, ist aktueller denn je. In dieser Abhandlung können lediglich die Berührungsbereiche am Beispiel des Kindschaftsrechts aufgezeigt werden. Für das Kindschaftsrecht besteht die berechtigte Hoffnung, dass Gesetzgebung und Rechtsanwendung unter Heranziehung und Einbeziehung human-/sozialwissenschaftlicher Methoden und Wissensbestände noch am ehesten eine dem Wohl des Kindes am besten gerecht werdende - besser: eine dem Wohl des Kindes am wenigsten schädliche - Alternative finden." (Autorenreferat)

The purpose of this research is to know about the dimension of justice of Islamic Inheritance Law (faraidh) in determining the right of parents, children and wife /husband as dzawil Furudh heir. To achieve these objectives have been conducted normative legal research that is descriptive. Data analysis techniques used qualitative data analysis techniques. The result of the study obtained that Islamic Inheritance Law has the dimension of justice in determining the right of dzawil Furudh, that is proportional or equal justice in accordance with rights and obligations, social justice which not only pay attention to bloodline but also inheritance rights also given to the parents as birrul walidain and inheritance rights of them is never covered by anyone. Similarly, justice inheritance rights for the husband or wife of the inheritor, they shall be entitled to inheritance in accordance with the rights and obligations. While the dimension of justice inheritance rights of children, Islamic Inheritance Law provides a strong position. All the justice dimensions of Islamic Inheritance Law, in accordance with the objectives of Islamic law or maqashid shariah.

Abstract
Many parents (over)share personal details regarding their children in social media without thinking that this can negatively affect the wellbeing of their child and put him/her at risk. Furthermore, parents forget that they are not owners of their children's data but just the legal representatives of the child with an obligation to act only for the best interests of the child. A child's right to privacy and the protection of his/her data is regulated in international, EU and national level, however, this is not enough to avoid malpractice of the data of a child. This article analyses social media dangers and whether parental actions result in privacy and online safety violations focusing on legal regulations and their interpretations in international, EU and national level exploring child's right to privacy, consent of the child and the right to be forgotten.