Interference in family life is a particular form of threat to poor families, especially when the only impetus for state action in the form of an interference in the right to privacy is the poor ...material situation of the family. The article reflects on the possible threats to the realisation of family life within the framework of the right to privacy established under public international law, in particular the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child and the European Convention on Human Rights (ECHR). In the view of the Human Rights Committee, the family should be oriented towards enabling the child to remain in the care of his or her parents or to return to their care or to other family members. The Committee on the Rights of the Child points out that the implementation of the right to privacy prohibits the recognition of material poverty as a basis and justification for taking a child out of parental care and into foster care. The European Court of Human Rights case law presented in the article confirms that children from poor families are at risk of being taken away from their parents and placed in foster care due to the financial status of the family, which may constitute a violation of the Article 8 of the ECHR. The fact that state authorities wrongly equate the lack of sufficient resources to support the family with child neglect poses a threat to the family life of poor individuals. Victims of violations of family bonds through harm to the private lives of family members should be protected under the human rights system. The following analysis makes it possible to identify the relevant problems from the point of view of the impoverished person or/and family, such as the questioning of parental capacity as a consequence of the erroneous equation of poverty with child neglect, or the withdrawal of the right to material assistance, all of which affect the realisation of family life, and further enables the identification of legal remedies for protection.
The aim of this study was to contribute to the research field of children’s rights in sports by synthesizing the scientific approaches applied and topics addressed in previous social science research ...focused on children’s rights per se. A scoping literature review was conducted via database searches (Scopus, Web of Science, SPORTDiscus). The search strategy yielded 44 articles eligible for inclusion. The analysis showed that the articles covered 17 identified topics in total, most frequently abuse. Fewer than half had a direct focus on children’s rights in sports. The research was mostly descriptive, non-theoretical and encompassed few countries, sports and ages. The sample of empirical studies generally encompassed child participants or international policy and regulations. In conclusion, studies with more explanatory and theoretical designs and a clearer, direct focus on children’s rights would be beneficial for enhancing general and theoretical understanding of children’s rights and explaining associated problems.
The present review analyses the implications of the best interests of the child principle, which is one of the most widely discussed principles of medical ethics and human rights, for paediatric ...healthcare. As a starting point, it presents the interpretation of the best interests principle by the United Nations Committee on the Rights of the Child. On this basis, it points out possible fields of application of the best interests principle with regard to paediatric healthcare and discusses the potential difficulties in the application of the best interests principle. Based on this, it illustrates the implications of the best interests principle for paediatric healthcare through four case studies, which look at ethical dilemmas in paediatric gynaecology, end-of-life care, HIV care and genetic testing.
Conclusion
: The best interests principle requires action, inter alia, by health policymakers, professional associations, hospital managers and medical teams to ensure children receive the best possible healthcare. Whilst the best interests principle does not provide a conclusive solution to all ethical dilemmas in paediatric healthcare (as illustrated by the case studies), it provides children, medical teams, parents and families, and clinical ethicists with an indispensable framework for health care centred on the rights of the child.
What is Known:
• The best interests principle is one of the most widely discussed principles of medical ethics and human rights and one of the four general principles of the Convention on the Rights of the Child.
What is New:
• The present review discusses possible fields of application and potential difficulties of the best interests principle with regard to paediatric healthcare.
•
Based on this, it illustrates the implications of the best interests principle for paediatric healthcare through four case studies, which look at ethical dilemmas in paediatric gynaecology, end-of-life care, HIV care and genetic testing.
This volume is in part intended to celebrate the 25th anniversary of the United Nations Convention on the Rights of the Child. We are now a generation on from its formulation, and, as this varied ...collection of articles by leading thinkers in the field reflects, children's rights have come a long way. Yet the aim of this volume is not to look back, but to take stock and look forward. It explores subjects as diverse as socio-economic rights, corporal punishment, language and scientific progress as they relate to children and their rights, and offers new insights and new ideas. Edited by one of the most respected and leading scholars in the field, The Future of Children's Rights constitutes a stimulating and useful resource for academics and practitioners alike.
This article illuminates the important role the Committee on the Rights of the Child played in monitoring child abuse and neglect in the implementation of the now thirty years old Convention on the ...Rights of the Child (CRC). Attention is first given to the core mandate of the Committee: the monitoring of the progress made and the remaining difficulties in the implementation of the CRC in each of its 196 State parties. The remainder of the article considers how the Committee has attempted to provide guidance in addressing child abuse and neglect through specific recommendations given to individual State parties in its Concluding Observations, thorough considerations presented at the Days of General Discussion, and in the Committee's General Comments.
The aim: To study the harm that can be a result of acts of illegal adoption and find out the effects on child life and health.
Materials and methods: The following methods were used: ...system-structural, regulatory, dialectical and statistical processing, The article provides data of the Court Administration of Ukraine of 2001-2007 on the conviction of 5 individuals involved in illegal adoption. Also data of the Unified Register of Court Decisions of Ukraine as of the 4th of September 2022 have been processed which served as the basis of illegal adoption criminal proceedings with only 3 guilty verdicts out of total number which came into force. In addition, the article provides examples that have been published in the Internet, media of Poland, the Netherlands, US and Ukraine.
Conclusions: It has been proved that acts of illegal adoption constitute criminal offence which not only infringes upon orphaned children settling procedures established by law, but also can be used for the "pseudo adoption" purposes, which can result in the following acts of violence against minors: physical, mental, sexual, psychological abuse, etc. The article considers their effect on life and health.
Under the United Nations Convention on the Rights of the Child, children in conflict with the law are entitled to dignity and respect for their rights within a youth justice system adapted to their ...age and circumstances. The United Nations Convention on the Rights of the Child recognises the necessity of ensuring that children’s rights are protected during the criminal process, emphasising the importance of legal advice, information and support to enable their participation in the process. Police questioning can be a particularly difficult experience for children, given their vulnerability and immaturity and yet it can have very serious consequences for children. This article examines the rights of the child during police questioning, from the perspective of children themselves. Presenting the findings of a study of children’s experiences of their rights when being questioned by the police (An Garda Síochána) in Ireland, the article highlights the need to adapt police questioning processes to the needs and circumstances of the child, while emphasising the powerful case for greater involvement of children in research about criminal justice and policing so that their experiences of their rights can be better understood.
ePDF and ePUB available open access under CC-BY-NC-ND licence. Recent legislative changes in England and Wales have eroded children’s ability to exercise their article 12 UNCRC rights to information, ...consultation and representation when parents separate. However, children’s voices may be heard through child-inclusive mediation (CIM). Considered from a children’s rights perspective, this book provides a critical socio-legal account of CIM practice. It draws on in-depth interviews with relationship professionals, mediators, parents and children, to consider the experiences, risks and benefits of CIM. It investigates obstacles to greater uptake of CIM and its role in improving children’s wellbeing and agency. Exploring the culture and practice changes necessary for a more routine application of CIM, the book demonstrates how reconceptualising CIM through a children’s rights framework could help to address barriers and improve outcomes for children.
This open access book explores how legal proceedings in and out-of-court can be matched to the complex problems underlying disputes concerning child custody, residence and contact between parents. ...It focusses in particular on Nordic experiences of in and out-of-court mechanisms as means of resolving custody disputes. The contributors are internationally renowned and experienced researchers from the legal, psychological, and sociological fields who provide empirical as well as legal perspectives. They examine central legal, ethical and knowledge-based dilemmas in custody dispute proceedings. The findings speak to an international audience and suggest ways how to best realize the interests of the child. It transcends disciplinary, institutional, and jurisdictional boundaries in search of new knowledge.
