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• Susanna Marinelli 1, Francesca Negro 2, Maria Cristina Varone 2, Lina De Paola 2, Gabriele Napoletano 2, Alessandra Lopez 3, Simona Zaami 2*, Giuseppe Basile 4. • The article aims to shed a light on the unique complexities inherent in surrogacy and the legal-ethical challenges that currently exists even in many advanced democracies, which frequently result in uneven and ill-defined standards and processes. • The recent proposal of making surrogacy a "universal crime" has prompted us to better analyze the topic and its ethical and legal implications. • Legislative harmonization at the international level is essential to prevent the cross-border surrogacy trend. The "universal crime" draft bills appear to be difficult to enforce and too vague to be credible at the moment. The article aims to shed a light on the unique complexities inherent in surrogacy and the legal-ethical challenges that currently exists even in many advanced democracies, which frequently result in uneven and ill-defined standards and processes. The recent proposal of making surrogacy a "universal crime", meant to prevent cross-border surrogacy, i.e. travels by citizens from countries where it is illegal to countries where it is legal, has also been weighed, by exploring the current legislative state of affairs, trends and future horizons. Recent case-law has been analyzed and interpreted, with a close focus on Italian Supreme Court ruling n. 38162, issued on 30th December 2022 and European Court of Human Rights (ECtHR) rulings issued over the past decade. Uncertainty and ill-defined norms and court rulings risk harming the rights of children, surrogate mothers and intended parents. So far, court decisions have somehow filled the legal vacuum, considering that cross-border surrogacy is not specifically regulated in many countries and the status of children born abroad is still controversial. The views and judgments of supranational courts on the issue need to be accounted for when drafting new specific legislation. It is of utmost importance to uphold the rights of children born through surrogacy abroad, whose best interests risk being damaged. Legislative harmonization at the international level is essential to prevent the cross-border surrogacy trend. The "universal crime" draft bills appear to be difficult to enforce and too vague to be credible at the moment. [ABSTRACT FROM AUTHOR]

An achievement gap in K-12 education exists between children in foster care and their peers. Professionals have a shared responsibility to support the education of these children, but often face barriers to engaging in interprofessional collaboration. Interviews and focus groups (N = 22) were conducted with child welfare professionals, school professionals, and professional caregivers to explore the facilitators of interprofessional collaboration in their work together. Themes included: centering the best interests of the child, effective communication, opportunities and capacity to meaningfully engage, positive and trusting relationships, being knowledgeable about the child, policies, roles, and systems, and empathy toward other professionals. [ABSTRACT FROM AUTHOR]

In the United States (US), children's ‘best interest’ principles are central to child welfare policy, but their incorporation into immigration laws is less robust. Drawing on data from international and domestic policies, interviews with legal professionals and legal guidelines, we compare how Special Immigrant Juvenile Status (SIJS) and asylum – the main forms of immigration relief for undocumented youths in the US – align with children's best interest principles. SIJS, while promising, undermines family integrity by imposing rigid child‐rearing standards that may penalize immigrant families. Asylum upholds family integrity, but the application process involves intense interviews and strict evidentiary standards that harm youths’ well‐being. Given asylum's high denial rates, the process often results in trauma without much promise of the permanency asylum can offer. Consequently, both SIJS and asylum fall short of protecting children's rights and best interests. We argue that how legal systems manage youths significantly affects youths’ well‐being and their access to rights and benefits. The impact of legal processes on youths should be paramount to best interest policies and practices. We conclude with policy recommendations for SIJS and asylum that better promote children's best interests. [ABSTRACT FROM AUTHOR]

Child custody cases post-parental separation entail inherent complexities and uncertainties for legal experts and decision-makers, and are influenced by context factors. This study sheds light on how legal actors (i.e., judges, prosecutors, lawyers, psychologists, and social workers) navigate the uncertainties that arise in such context and, therefore, make their decisions. Based on a reflexive thematic analysis involving 73 participants from Brazil and England, this study reveals cognitive strategies employed by legal actors to comprehend uncertainty and operate in the decision-making context. These strategies encompass heuristics (i.e., selection, evaluation, degrees of freedom, and outsourcing decisions/resolution) and metacognitive strategies (custodial arrangements, professional practices and 'best interests of the child' speech). These results provide a window into the decision-making processes in child custody cases; they offer a comprehensive understanding of the multifaceted sensemaking strategies employed by legal professionals. The results carry substantial implications for informing and improving legal practice in handling complex child custody situations. Furthermore, this study charts new paths for future research by highlighting potential avenues for refining and advancing the strategies employed by legal experts in these cases, especially considering the child's best interests. [ABSTRACT FROM AUTHOR]

Dr. Lee Salk was a Pediatric/Clinical Child Psychologist known for his contributions in the areas of parent-child relationships, family, and promoting emotional health in children and adolescents. He conducted research on topics such as retirement and mortality, mother's heartbeat as an imprinting stimulus in infants, and the impact of divorce on children. Dr. Salk believed in the importance of active father participation in child rearing and emphasized the role of psychologists in pediatric settings. He also wrote books and appeared on television programs to disseminate scientific research to the public and provide guidance to parents. His work continues to be relevant in addressing issues related to family relationships and child development. [Extracted from the article]

• The decision to use ETI should be one shared between the clinician, parents and child. • The best interests of the child should be central to the decision to use ETI. The evidence supports the foreseeable possibility of decades of additional life and improved QOL. • The risks of long-term side-effects or lack of long-term efficacy do not hold great moral weight as they are distant and not clearly foreseeable. • The harms of not using ETI in a particular case should guide the effort to which one might try to ensure it's use. • Clinical ethics consultation may assist clinicians, children and parents if there is sustained refusal to use ETI. [ABSTRACT FROM AUTHOR]

The article discusses the issue of protecting and providing mental healthcare for affluent children who are in conflict with the law. It highlights two specific cases in India, the Nirbhaya case and the Pune Porsche case, which generated public outrage and raised questions about the treatment of child offenders. The article explores the complexities of balancing child rights and public safety, particularly in cases involving social class, wealth, and privilege. It emphasizes the need for mental health professionals to maintain a scientific and professional perspective in order to provide effective interventions for children and families in such situations. The article also examines the vulnerabilities and risks faced by affluent children, including neglect, substance use, and mental health issues. It calls for a re-examination of notions of vulnerability and a restorative approach to holding individuals accountable for their actions. [Extracted from the article]

This document explores the challenges faced by children aged 0-5, particularly in the context of disasters, and proposes strategies to support disadvantaged groups. It emphasizes the importance of comprehensive disaster management plans that address the specific needs of these children, including those with special needs, those growing up in labor-intensive environments, and marginalized children. The document suggests implementing mentoring practices and collaborative efforts to provide timely and adequate intervention. It also highlights the importance of creating a cycle of support to prevent further issues and promote the well-being of these children and their families. [Extracted from the article]

Copyright of Majalat Monazaat Al-Aamal is the property of Majalat Monazaat Al-Aamal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In the context of adoption, subsidiarity is the principle that children should remain with their birth families whenever possible, and whenever not possible, that in-country placements should take precedence over intercountry adoption. This Comment looks at the specific meaning of subsidiarity in the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. It highlights that the convention does not require intercountry adoption be a last resort, but rather that "due consideration" be given to placements "within the State of origin." Then, the Comment looks at the domestic law of India, Colombia, and South Korea, three of the main sending countries in intercountry adoption, as case studies to see how these countries have implemented subsidiarity over time. It reveals a broad trend of these countries implementing stricter and stricter conceptions of subsidiarity over time and concludes that presently all three countries go far beyond what the convention requires, potentially in ways that undermine the best interests of the child. [ABSTRACT FROM AUTHOR]

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

"Mrs Chatterjee vs Norway" is a Hindi-language legal drama film that tells the story of an Indian immigrant, Debika Chatterjee, who fights for custody of her children after they are taken away by Norwegian child welfare services. The film explores the role of media and courtroom trials in similar cases, highlighting the media's ability to generate awareness and public support. It also sheds light on cultural disparities that contributed to miscommunication between the Indian couple and Norwegian officials. The film aims to raise awareness about the inadequacies of the Norwegian child welfare system. The article discusses the impact of audio-visual media on knowledge and attitudes, particularly in the context of a custody battle involving an Indian mother, Debika, and the Norwegian child welfare agency, Velfred. It highlights disparities in knowledge and attitudes before and after the implementation of audio-visual media interventions and explores the detrimental effects of Velfred's actions, including negative news dissemination and privacy violations. The article emphasizes responsible journalism and the role of media in raising awareness and garnering support for individuals in similar situations. Ultimately, Debika is reunited with her children through legal intervention in India. The article concludes by discussing the impact of the film "Mrs. Chatterjee vs Norway" in raising awareness about cross-cultural custody battles and child welfare. [Extracted from the article]

Medical professionals usually reject critiques of deferrable treatments that alter the sex characteristics of infants and children without personal informed consent on the grounds that intersex adults' experiences reflect 'obsolete' practice. However, past practice is also protected from criticism by claiming 'good intentions', a commitment to the child's best interest and context-dictated constraints on medical practice. I first examine foundational literature of the Optimal Gender Policy to verify the presence of statements of interests or motives, I then collect affect displays to identify motives, and I observe attitudes to clitoridectomy. Affect displays point to motives that are relevant in interpretive sociology, as they allow access to cultural or institutional dispositions when justification talk has not been provided. While a statement of interest is absent from the foundational literature, I identify the following affect displays: (1) unease and disgust; (2) attachment to heteronormativity, as well as three kinds of gratification or pleasure rewards; (3) power pleasure; (4) surgical pleasure; (5) and cosmetic pleasure. As surgical action appeases some of these affects and nourish others, previous medical professionals had interests that were their own and not centred on the children. Examination of attitudes to clitoridectomy reveals that clinicians were aware of the (phallo)clitoris' importance to sexual pleasure but dismissed it, further invalidating claims that past practice was based on children's best interest. [ABSTRACT FROM AUTHOR]

In this essay, a reflective analysis is carried out on the hermeneutics of devices in educational intervention, based on documentary research and its analogical integration in a philosophical, epistemological and methodological construct, achieved from the works of Beuchot (2018) and Deleuze (1999). The article begins by discussing the need to update approaches to intervention, to place them in a phronetic or prudent place with current events and educational emergencies, among which the post-pandemic, the Fourth Industrial Revolution, the urgency of respecting human rights stand out, the best interests of children and adolescents, the change in social roles and the crisis in multiple sectors, including the teaching profession. It continues with a critique of the old intervention models and their approaches, to propose a procedure from the analogical hermeneusis of devices. To achieve this, the conceptions of intervention and devices are analyzed from Remedi (2004), Yurén (2005); to Deleuze (1999), along with the conceptualization of analogical hermeneutics created by Beuchot (2018). From this, the proposal is built in its elements, namely: hermeneutical analysis of devices and the following are discussed: analogy of proportion (metonymy - metaphor), attribution (primary - secondary degrees), phónesis (rigor - flexibility ), which is articulated with the conceptualization offered in relation to the lines of the devices (visibility, enunciation, force, objectification). The article closes with some arguments about the relevance of what was offered; as well as the reflection in relation to some ethical elements of the intervention in its phases (reference, design, reconstruction), this to emphasize the collectivist, social and planetary ethical character that any process of change or action on educational conditions must have [ABSTRACT FROM AUTHOR]

The children have a right to live in a family unit with their parents, and in this aspect, they are provided all the rights that come out of the parenting relations. However, not all children are given the chance to grow up in a healthy and safe family, which represents a misfortune throughout history and is still evident in modern times. Acknowledging that not all children are equally fortunate, we recognize the plight of those who, through circumstances unrelated to their own actions, are excluded from family life. This paper provides fundamental data proving that through the institution of adoption, these children are provided with security, familial love, and parental care. This paper analyzes all the facts that result in the conclusion that the adoption, as a legal institution, makes it possible that the adopted children are provided a family life that in absence of biological parents, is given to them by the adoptive parents. Parents are not only those who give birth to the child, parents are also the people that give the adoptive children family love and care, as well as help them in all the stages of their lives. The paper emphasizes that the adoption has a multidimensional importance and purposes: for the adopted children, for the parents who adopt, and for the society as well as for the biological parents that do not have means to take care of their children or for another reason abandon their children.. Knowing the genetic background is also raised as an important issue in the paper. The child's right to know their identity is emphasized in cases of adoption, artificial reproduction, when fertilization is done with donated genetic material, and in cases of children born out of wedlock. In these situations, the child's biological status does not match their legal status because the child is not genetically related to their legal parents. Related to this, the paper examines several court cases from the European Court of Human Rights, which has frequently ruled on violations of the right to privacy and family life in the context of the child's right to know their biological origin. The paper also highlights the legal barriers and gaps in the Republic of North Macedonia that prevent adopted children from obtaining information about their genetic identity. These barriers are inconsistent with international documents ratified by the Republic of North Macedonia. Additionally, the paper emphasizes the need to remove from the Family legislation the institution of incomplete adoption, which has been shown in legal practice to be ineffective in establishing a family. [ABSTRACT FROM AUTHOR]

The “best interests of the child” (BIC) is the most referenced child rights principle in international law, whereas juvenile justice is the most mentioned topic. This paper examines how countries in Southeast Asia (SEA) interpret BIC in juvenile justice and if their understanding is consistent with the Convention on the Rights of the Child (CRC) and other international standards and why. It contends that BIC’s indeterminate use led to misinterpretation of child rights and that BIC interpretation is influenced by several factors found within the socio-cultural and political economy of SEA. Using Malaysia, the Philippines, and Thailand as case studies for their representation of legal and socio-cultural traditions in SEA, this study applies a positivist and constructivist approach to qualitative research using surveys, jurisprudence, documentary research, and interviews with children and justice actors. It finds that CRC’s ratification and laws enacted with BIC therein do not guarantee the full protection of the rights of children in conflict with the law (CICL). It highlights the importance of using BIC cautiously, the value of asking children their BIC, and the need to deconstruct adult overgeneralizations on juvenile justice. As BIC is more than a legal concept, it recommends a constructivist approach in search of common values about childhood and justice across cultures. The study seeks to clarify the academic, legal, and practical interpretation of BIC in juvenile justice and to protect the rights of CICL in SEA. [ABSTRACT FROM AUTHOR]

Copyright of Ondokuz Mayis University Journal of Education is the property of Ondokuz Mayis University Faculty of Education and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article is devoted to the study of the principle of the right to freedom of movement, as a concept of human rights that includes the right of people to move from one place to another on the territory of a country and to leave the country, including the possibility of returning, including change of place where the individual lives. This analysis required the study of the national jurisprudence and EEC, member states of the European Union of third countries, because this fundamental principle is one of the scientific freedoms that the European institutions are investigating, considering that visa restrictions may affect these freedoms. The author identified what implies the application of this principle in all the procedures regarding minors in close connection with respecting the principle of the best interest of the child. [ABSTRACT FROM AUTHOR]

The concept of custody is an important legal principle that expresses the rights and responsibilities exercised jointly by parents during marital union. This principle emphasizes attention to the physical, emotional, and financial well-being of minors and the principle of the best interests of the child. According to the Turkish Civil Code, as a rule, minors are considered to be under the joint custody of their parents. However, in the event of the death of a spouse or divorce, the issue of custody is resolved by a legal arrangement or a court decision. Furthermore, custody is usually awarded to the mother if the parents are unmarried, although this may be subject to certain exceptions. Courts may appoint a guardian or award custody to the father to protect and support the child's physical, mental, and moral development. This ensures that the best interests of the child are safeguarded. Joint custody refers to the joint exercise of the child's right to custody by the parents during the marital union. This concept aims to ensure that responsibilities for the child's care, education, and supervision are shared between the spouses. However, in the event of dissolution of marriage or separation, the issue of how custody will be organized is subject to a vague regulation; the court determines it. If custody is awarded to only one spouse, that spouse can make decisions unilaterally, while the other spouse only has the right to have personal contact with the child. However, if joint custody continues, the rights and responsibilities of the child are shared in the same way despite the dissolution of the marriage. Custody and joint custody are intended to protect the child's physical, emotional, social, legal, financial, and moral development. They also provide for the representation and protection of children in a manner appropriate to their needs. Both concepts are based on the best interests of the child and are supported by legal regulations. Therefore, custody and joint custody constitute an important legal framework for children's healthy and safe upbringing. This study will explain the concept of custody in the Turkish legal system, the rights and responsibilities given to the parents within the marital union, and the legal regulations introduced for the right of custody after divorce. The joint exercise of the right of custody after divorce will be evaluated by considering the practices of the Court of Cassation. [ABSTRACT FROM AUTHOR]

The article examines the proposed bill SB 407 in California, which aims to ensure that LGBTQ foster youth are placed in affirming homes. The author argues that the bill violates the First Amendment by coercing religious families to adopt specific beliefs and pursue certain medical care. The article questions the effectiveness and constitutionality of the bill and calls for its rejection by the California Legislature. [Extracted from the article]

This article explores the issue of parental rights in the context of modern legislation. It discusses the Supreme Court's recognition of parental involvement in education and the introduction of bills claiming to strengthen parental rights. However, the article argues that these bills have ulterior motives and aim to push a political agenda into public schools. It examines the development of parental rights through case law, specific bills, and litigation surrounding these bills. The article concludes that the continued codification of these bills is detrimental to public education, particularly to LGBTQ+ students. [Extracted from the article]

The Brussels IIb Regulation, dealing with proceedings in matrimonial matters, those of parental responsibility and international child abduction cases, is the newest instrument of the European Union in international family law. The article critically evaluates its most significant changes compared to its predecessor, the Brussels IIa Regulation, in the fields of jurisdiction and of recognition and enforcement. In addition, it analyses how the Brussels IIb Regulation optimises the provisions of the 1980 Hague Convention on International Child Abduction between the member states of the European Union. The article argues that the regulation is overall a helpful and welcome addition to international family law because it strengthens the welfare of the child and enhances the practical functionality and normative structure of its predecessor. Nevertheless, scope for further improvements in another recast regulation is identified. [ABSTRACT FROM AUTHOR]

This article discusses the complexities of pediatric decision-making, which typically involves a triadic relationship between the patient, their parents, and healthcare providers. The article raises ethical questions about various scenarios, such as whether parents should withhold a poor diagnosis from an adolescent patient or if parents should have decisional authority for gender-affirming care for an adolescent with gender dysphoria. The article highlights a symposium where scholar-experts on pediatric decision-making developed six consensus-based recommendations for pediatric decision-making. The special issue of Perspectives in Biology and Medicine explores these recommendations and further examines related issues, such as decision-making for neonates, adolescents, and children in state custody. [Extracted from the article]

The article shares perspectives on the best interests of terminally ill children at the end-of-life, referencing the case of Indi Gregory, an 8-month-old child in Great Britain with mitochondrial disease dependent on artificial feeding and ventilation. Topics discussed include judgments regarding the withdrawal of life-prolonging treatment of children despite their parents' objections, the principle of autonomy, and the Italian government's attempt to influence Gregory's transfer to Italy.

Where parents seek treatment for their young child that healthcare professionals cannot agree to, the High Court can determine what is in the child's best interests. Some activists and academics seek change to impose threshold criteria that would bolster the decision-making rights of parents and reduce deference to clinicians and the courts. We defend the best interests standard against arguments that a higher threshold of 'significant harm' should apply. We do so from ethical, legal, and clinical perspectives. The matter is of significant moral and practical importance, especially in light of the divergence of academic opinion, the burgeoning number of cases coming before the courts and recent case law and statutory attempts to effect change. We begin by disputing ethical claims that a significant harm threshold is preferable to the best interests standard, and then we set out jurisprudential and practical arguments that demonstrate the imprudence of a significant harm threshold and defend the established yardstick of best interests. [ABSTRACT FROM AUTHOR]

New York Domestic Relations Law Section 110, which outlines who can adopt, precludes married petitioners from adopting without their spouse joining in the adoption petition, even when all parties involved support the adoption, and it is in the child's best interests. Some judges have prioritized the child's best interests and granted adoptions in such cases, while others have rigidly construed the statute and denied them. Amending the statute so that anyone can adopt, regardless of marital status, if it is in the child's best interests would ensure the child's best interests are the judicial system's primary consideration in approving adoptions. Key points for the family court community: New York Domestic Relations Law Section 110 provides: "An adult unmarried person, an adult married couple together, or any two unmarried adult intimate partners together may adopt another person."Although under New York law a married person cannot adopt without his or her spouse joining in the adoption petition unless the couple has a written separation agreement or judgment of separation, or has been living apart for three or more years, some married petitioners in intact marriages have been granted adoptions without their spouses joining in the petitions.Legally formalizing existing parent–child relationships was emotionally and pragmatically important for these families.Some states, such as California, Nevada, and New Jersey, expressly allow married petitioners to adopt without their spouses as co‐petitioners when the spouses provide written consent.Other states, such as Arizona and Vermont, allow married petitioners to adopt without their spouses as co‐petitioners but only require written consent when the adoptee is an adult. [ABSTRACT FROM AUTHOR]

The Institute of Special Guardianship was introduced into Croatian juvenile legislation in 2019, by implementing the provisions of Directive 2016/800, which establishes procedural safeguards for minors who are suspects or accused in criminal proceedings. Although this institute was presented as a significant step in protecting the rights of children, four years after its implementation, challenges in its functioning have emerged that deviated from the initial expectations. The authors of this paper carefully analyse the development of the Institute of Special Guardianship, pointing out numerous existing dilemmas and shortcomings. They critically assess its implementation and highlight how it currently fails to fulfil its primary purpose. In their work, the authors propose a series of solutions de lege ferenda to improve the functioning of the Institute of Special Guardianship. Their recommendations are aimed at addressing existing problems and aligning the practice with international standards for the protection of children’s rights and minors. Their goal is to create an effective and fair system that will provide adequate protection and support for minors in criminal proceedings. Through this paper, the authors encourage further discussion and engagement to ensure that the Institute of Special Guardianship in Croatia fulfils its purpose and provides minors with appropriate protection and respect for their rights. [ABSTRACT FROM AUTHOR]

School psychologists often face complex ethical and legal issues in their work, which become more challenging as the needs of students and school systems evolve. When faced with ethical dilemmas, it can be difficult for school psychologists to determine the best course of action, particularly when there is no clear solution. This study explored the ethical dilemmas experienced by psychologists working in South African schools in the Western Cape. The aim was to understand the ethical landscape in which they operate. The research was conducted through semi-structured telephone interviews with 16 participants, who shared 58 ethical dilemmas they had experienced. The data were analyzed using thematic analysis, identifying six themes: confidentiality, role definition, assessments and reports, workload, consent, and scope of practice. Participants utilized various strategies to manage dilemmas, such as relying on professional codes, setting boundaries, seeking supervision, and prioritizing the child's best interests. The study highlights the complex context in which school psychologists navigate ethical issues and their impact on the types of dilemmas they face. Finally, suggestions are provided for training and practical application. [ABSTRACT FROM AUTHOR]

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The essay examines the legal status of children born through surrogate motherhood in the light of the European Commission's Proposal for a Council Regulation on the recognition of parenthood in cross-border situations. In particular, the attention is focused on the remedies that can be used to ensure both the continuity of familiar relationships (also de facto ones) and the exercise of the related parental responsibility. The analysis of case law of the European Court of Human Rights shows that it is necessary to evaluate the best interest of the child 'rebus sic stantibus' and on the basis of the specific situations. In this sense, we propose the application of Art. 279 of the Italian Civil Code (and of the other rules which it refers to) to children born through surrogate motherhood and to minors under the Kafala system, as it ensures a flexible and effective protection in line with the recent Reform of the Italian Code of Civil Procedure. [ABSTRACT FROM AUTHOR]

This article explores the tension between the child's best interests principle and children's participation and examines the inherent challenges and different approaches to reconcile the dilemma in law and practice: how can children's best interests be reconciled with their right to be heard? By exploring different systems' institutional approaches and empirical ability to implement and honour children's right to participation in national contexts, this article reviews the literature and suggests a framework for understanding participation through a lens of a global typology of child protection systems. Drawing on the conceptual and empirical reviews and elements from the deliberative ideal for decision-making, the article concludes by drawing up a sketch for a best interest model for meaningful, respectful and successful participation with global applicability. The model aims to enhance children's citizenship and legitimacy of decision-making in child protection. [ABSTRACT FROM AUTHOR]

The polemic on the issue of child marriage has not only been debated among human rights groups in recent decades but has also been included in the discourse of contemporary Muslim scholars. Yusuf al-Qaradawi is a contemporary scholar who is responsive in discussing issues of women and girls that concern the international community, including child marriage. This article explores issue of child marriage from al-Qaradawi’s fiqh methodology, which offers solutions to contemporary societal issues according to the Islamic legal framework. Qualitative methods through a content analysis were used in al-Qaradawi’s work on Islamic law and child marriage. This article shows that al-Qaradawi’s position on the issue of child marriage is centred on the priority of protecting children’s rights from harmful traditional practices based on the Siyasah al-Shar’iyya. The government should adopt al-Qaradawi’s point of view to reforming the Islamic Family Law Enactment to protect the child’s best interest from this harmful practice. [ABSTRACT FROM AUTHOR]

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In cases brought under the Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention) and its implementing statute, the International Child Abduction Remedies Act (ICARA), the foremost concern is whether a wrongfully removed child may be safely repatriated into their country of habitual residence. When courts determine there is a "grave risk of harm" facing the child upon their return, the key inquiry becomes whether courts are required to identify and analyze any potential "ameliorative measures" that could be imposed to ensure the safety of the child. The Supreme Court of the United States granted certiorari in Golan v. Saada to resolve the circuit split concerning the proper consideration of ameliorative measures in these cases. The Court's 2022 opinion held state and federal courts have discretion to analyze ameliorative measures in cases where there is a "grave risk of harm" to the child. To guide future courts in exercising this discretion, the Court opined that courts ordinarily should address ameliorative measures raised by parents or as evidenced by the circumstances of the case. Specifically, courts should consider whether ameliorative measures are (1) intended to prioritize the child's physical and psychological safety, (2) without usurping the role of foreign countries in resolving the underlying custody issues, and (3) while moving as "expeditiously as possible.". In the year since the Golan opinion was released, courts are already grappling with how to interpret the Supreme Court's guidance. The Hague Convention and ICARA are notably silent on procedural matters, leaving courts with wide discretion on how to adjudicate child abduction cases. The gap in the plain language of the Hague Convention, ICARA, and existing case law is particularly amplified when analyzing cases where the taking parent is a victim of domestic violence. This Article surveys cases decided prior to and following Golan and advances a proposed two-stage judicial framework for court proceedings to promote consistent and expedient adjudication of international child abduction cases. Initially, a court should expedite the case, enter a case management order after consideration of written proofs of the parties, make a finding of whether the abducted child has been exposed to domestic violence, and appoint an attorney for the child. This Article argues that further consideration of ameliorative measures is not necessary in cases where the court initially finds that a child has been exposed to or is a victim of domestic violence. At the final trial, the court should contemporaneously determine the separate issues of (1) whether the petitioner establishes a prima facie case, (2) if so, whether the respondent can establish the child faces a "grave risk of harm" if returned, and (3) in cases without a preliminary finding of domestic violence, whether there are enforceable protective measures that can ameliorate that risk. [ABSTRACT FROM AUTHOR]

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This article provides an overview of the Troubled Teen Industry, a network of privately run facilities that claim to help troubled youths. It highlights instances of abuse and exploitation within these facilities and argues for government oversight and regulation to prevent such abuses. The article also examines the legal framework surrounding the industry, including parents' rights, children's rights, and consumer protection. It emphasizes the need for stricter regulations and protection for vulnerable youth in these facilities. Survivors of these programs have used social media platforms to share their stories and expose the abuse they endured, leading to calls for reform and increased regulation. The article concludes by discussing proposed legislation aimed at protecting the rights of youth in these facilities. [Extracted from the article]

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