Suchergebnisse

Lithuania, following its international obligations regarding the protection of child rights,in 2003 adopted the Lithuanian State Policy and established legislative basis, which are the keypreconditions to ensure the guardianship of a child in the country. However during the lastdecade the number of children deprived of parental care is not decreasing. The largest part ofchildren receives institutional guardianship. Large number of social risk families and highamount of complaints about the poor work of child rights protection services while organizingthe guardianship for a child can be named as main issues in this field. The article analysescertain child guardianship problems and provides possible solutions in the following areas:estimating a guardianship for a child, organisation of guardianship in child guardianshipinstitution, organizing guardianship in family.

This note considers three issues concerning children and same-sex partnerships that have come before the Constitutional Court in recent cases,namely, adoption, the status of children born as a result of artificial insemination, and guardianship.In Du Toit & another v Minister of Welfare and Population Development & others (Lesbian and Gay Equality Project as Amicus Curiae) 2003 (2) SA 198 (CC) the applicants, partners in a long-standing lesbian relationship, had initially brought an application before the High Court to determine their claim jointly to adopt two children.The High Court challenge impugned the validity of ss 17(a),17(c),and 20(1) of the Child Care Act 74 of 1983,and s 1(2) of the Guardianship Act 192 of 1993, in so far as they provided for the joint adoption and guardianship of children by married couples only. (Because of these legislative restrictions, the second applicant alone had become the adoptive parent.) The court held that the provisions in question violated the applicants' rights to equality and dignity, and did not give paramount importance to the best interests of the child, as required by s 28(2) of the Constitution of the Republic of South Africa, Act 108 of 1996. To remedy these defects, the court ordered that certain words should be read into the provisions to allow for the joint adoption and guardianship of children by same-sex life partners (see Du Toit & another v Minister of Welfare and Development & others 2001 (12) BCLR 1225 (T)).

The primary aims of the review were - to assess the effectiveness of the Adult Guardianship Act in its provision of guardianship for adults with disabilities; to identify and make recommendations concerning any need for amendment to, or reform of, the Act and other related legislation; and to identify and make recommendations concerning the need for any changes to the administration and provision of services under the Act. ; Y

Islamic system of government has paid a siginificant importance to the sustenance of people under its rule. The prime understanding of this system can be gained from the example of the first Khalifah of the Muslim nation, Sayyidina Abu Bakr RA. This script visits in detail the key tenets of the life and style of government of this first Islamic Caliph, emphasizing in particular upon the incredible system of guardianship he established, which has remained key to all the future Islamic systems of Guardianship.

AbstractThis article presents a roadmap for examining the phenomenon of monarchy in Asia, which we conceive as a pluralist institution in a twofold manner. First, many monarchies discharge a wide range of roles and responsibilities ranging from the symbolic to the religious to the legal-political. These varied functions can be usefully captured under the notion of constitutional guardianship, and call for intersectional analysis. Second, it is common for monarchies to have metamorphosed from being purely endogenous institutions to becoming ones embedded in a scheme of limited, constitutional government under the influence of ideas from elsewhere. Monarchies should accordingly be viewed as a form of legalmétissage, viz. a braiding of local and extraneous ideas, practices, and rules. In this sense, a law-and-society approach is more likely to reveal the nature of monarchies than a strictly legal-doctrinal approach, although some of the latter is needed to fully appreciate the former's significance.

Armed forces strong enough to protect the state also pose a threat to the state. We develop a model that distills this "Guardianship Dilemma" to its barest essentials, and show that the seemingly ironclad logic underlying our existing understanding of civil-military relations is flawed. Militaries contemplating disloyalty must worry about both successfully overthrowing the governmentanddefeating the state's opponent. This twin challenge induces loyalty as the state faces increasingly strong external threats, and can be managed effectively by rulers using a number of policy levers. Disloyalty can still occur when political and military elites hold divergent beliefs about the threat environment facing the state, since militaries will sometimes have less incentive to remain loyal than the ruler suspects. Consequently, it is not the need to respond to external threats that raises the risk of disloyalty—as conventional wisdom suggests—but rather uncertainty about the severity of these threats.

Rhetorical inimitability is one of the main aspects of the inimitability of the Qur'an. It is the aspect that people are challenged to bring something similar to its language. Qur'anic rhetoric covers the whole Qur'an; its letters, words, verses, chapters, and verse-endings and it should be looked at to explore the linguistic features of the Qur'an. This article aims to unveil some of the rhetorical features and legislative matters with respect to the Verse of Guardianship in chapter 4 (the Women). This particular verse tackles the subject of guardianship, its reasons, and the attitude of women concerning with. The verse gives the guardian the best solution in case of inappropriate behavior. The language of Q4:34 includes rhetorical features as well as legal rulings which lead to the protection, happiness, stability, and integrity of the family

This book analyzes how the state constructs and reproduces gender identities in the context and geopolitics of Jordan. Guardianship over women is examined as not only the basis of women's legal and social subordination, but also a key factor in the construction and reproduction of a gender hierarchy system. Afaf Jabiri probes how a masculine state gives power and legitimacy through guardianship to institutions--including family, religion, and tribe--in managing, producing, and constructing gender identity. Does the masculine institution succeed in imposing a dominant form of femininity? Or are there ways by which women escape and resist the social and legal construction of femininity? Based on over 60 case studies of contemporary women in Jordan, the book additionally examines how the resultant strategies and tactics developed by women in Jordan are influenced by and affect their status within the guardianship system.

Abstract
This article presents a critical discussion of the legal institution of adult guardianship in Israel. Based on a critical discourse analysis' study of official guardianship reports for older adults submitted by social workers to family courts in Israel, findings reveal how guardianship institutional procedures construct the personal life stories of older persons into legalistic guardianship paradigm, and in doing so they create a new identity of 'a person in need of guardianship'. The article further delineates how 'a person in need of guardianship' (as well as a 'guardian') is a discursive identity, a subject who never existed prior to the guardianship proceeding, a legal creation which does not reflect the complexities and realities of older persons.