Search

• 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]

Copyright of Türkiye Adalet Akademisi Dergisi is the property of Justice Academy of Turkey 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.)

Protecting vulnerable children is always a challenging and difficult task. Many of the challenges stem from the nature of the difficulties that children come across in their life and especially from the duration of time they have been exposed to. Atat the same time, problems arise due to lack of working protocols amongst agencies, lack of common understanding amongst professionals on how they determine and assess children best interest. Therefore, this cross-section study, commissioned by the Ombudsman of Children Rights in Cyprus, collected data through individual interviews and focus groups that were analysed using the content analysis method. Content analysis is performed by identifying specific conceptual categories, as they emerge from the literature review and the analysis and conceptual connection of interview data. The study aims were to gain knowledge on how involved stakeholdersagencies (governmental and non-governmental) a) understand the determination and assessment of a child within their working environment b) what are the procedures currently in action, in order to guarantee children’s best interest (BIC) and finally c) the level of children’s involvement in the decision-making process. Results of the study indicated lack of coordinated interdisciplinary synergies, lack of common understanding amongst professionals on how to ensure children’s best interest (BIC) and need for setting up a common framework both in practice and teachingeducational level in order to secure children’s best interest. Therefore, this study highlighted the need for curricula update that will promote and enhance interdisciplinary practices in child care. Focus is mainly given on how social work education can adopt this study results. [ABSTRACT FROM AUTHOR]

Copyright of Marmara Üniversitesi Hukuk Fakültesi Hukuk Araştırmaları Dergisi is the property of Marmara University 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.)

Surrogate motherhood is one of the most ethically sensitive phenomena today. Different views on the nature, purpose and consequences of surrogate motherhood lead to different approaches regarding political and legal regulation of surrogacy at the state level. As a result, couples who opt for this type of assisted parenting are often forced to carry out the entire procedure outside the territory of their home country. Thus, surogacy takes on the characteristics of a transnational phenomenon, creating a complex ground for the protection of human rights, primarily the rights of children who are born in the cirmumstances of surrogate motherhood. Consequently, national courts are forced to weigh between the prohibition of surrogacy and the protection of public safety, on the one hand, and the protection of the best interests of the child, on the other. However, the circle does not close in the field of national jurisdictions. Thus, the agenda of the European Court of Human Rights increasingly includes delicate applications related to the protection of private and family life in light of surrogate motherhood. This research focuses on two recent cases, which provide a framework for understanding a kind of continuity in the reasoning of the European Court of Human Rights in this domain, but also for identifying new focal issues that will inevitably accompany the modalities of contemporary transnational surrogacy.

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis 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.)

Copyright of Turkish Journal of Security Studies / Güvenlik Calışmalari Dergisi is the property of Turkish National Police Academy 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 jurisprudence of Romanian courts and in the Romanian specialized literature, the principle of the best interest of the child has been analysed from the perspective of substantive and procedural law rules in relation to measures concerning children, but has not been considered in the matter of jurisdiction. The European Union legislator has added a new dimension to this principle, and it is regulated in EU law as a criterion to be applied by national courts when determining their own jurisdiction to settle claims concerning children in matters of parental responsibility in cross-border disputes. The purpose of this study is to identify the specific conditions under which the criterion of the best interest of the child may determine the jurisdiction of the national court to settle such a dispute, in accordance with Article 10 par. (1) letter (b) of Council Regulation (EU) 2019/1111, togheter with the difficulties in applying this criterion, by reference to the relevant Romanian law, and also to propose appropriate solutions to overcome said issues. [ABSTRACT FROM AUTHOR]

This article describes a pilot research study done by the author which focused on the judicial implementation of the "best interests of the child" standard, also known as Article 5, Section 70 of the New York State Domestic Relations Law. This is the statutory principle that guides determinations of child custody in the USA. The ambiguous nature of this law grants judges significant discretion when determining the custodial arrangements for children, as it does not explicitly define what constitutes the best interests of a child. The lack of consensus surrounding this law results in marked inconsistencies in its application. In the absence of external guidance, the author presumed that judges rely heavily on their individual knowledge and conceptualization of childhood when making custody decisions, especially those regarding facts relayed by or about children. Through in‐depth interviews conducted with seven judges from the City of New York, this study sheds light on this complex and essential issue. By incorporating insights from sociological theories of law and childhood, this study provides further insight into how judges arrive at their rulings and can be used to assist in improving the lives of families who must interact with the legal system. [ABSTRACT FROM AUTHOR]

If giving birth is a choice, the human offspring cannot survive but when one or more adults ensure their survival until a certain age, according to physiological and cultural factors. These adults are typically the ones who gave birth to the child, and their function is to fulfill what is commonly referred to as parenting. Based on their experience as a consultant in an institution where children, deemed adoptable by the court or recommended by social services, awaited an adoptive family, the author discusses several questions arising from situations where the child's desire for parent(s) and the adult's right to parenthood come into conflict. After commenting on the field of adoption, the author highlights the diverse situations encountered in relation to specific forms of parentality: teenage mothers, assisted reproductive technologies (ART), gestational surrogacy, "new families," older mothers, and co-parenting. The author emphasizes how each of these situations requires us to keep the child's best interest at the forefront of our reflections and decisions, starting even before their birth and throughout their development. [ABSTRACT FROM AUTHOR]

Copyright of Derecho Privado y Constitución is the property of Centro de Estudios Politicos y Constitucionales 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.)

Copyright of Neutrosophic Computing & Machine Learning is the property of Multimedia Larga 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 terms of family law, Peruvian legislation contemplates the possibility of shared custody, expressly regulated in the Code of Children and Adolescents, without establishing details on the conditions and forms of application, which is similar in comparative law. Based on bioethical and legal principles, this article analyses the possibility of generating a special regulation for shared custody, focusing on the need to establish special criteria that judges can take into account in specific cases involving children. These criteria should be based on a social model aimed at breaking down the barriers imposed, providing the most appropriate conditions for an integral and full development. In this line of thought, the best interests of the child, the commitment of the parents and the implementation of reasonable accommodations are fundamental. [ABSTRACT FROM AUTHOR]

Copyright of Derecho Privado y Constitución is the property of Centro de Estudios Politicos y Constitucionales 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.)

Copyright of Inonu University Law Review / İnönü Üniversitesi Hukuk Fakültesi Dergisi is the property of Inonu University Law Review (IULR) 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 terms of section 29(1) of the Constitution of the Republic of South Africa, 1996 (the Constitution), ''everyone has the right to basic education''. At the same time the Constitution provides that everyone has the right to freedom of conscience, religion, thought, belief and opinion, and the right to participate in the cultural life of his or her choice. Children's right to education versus their right to religion and culture is a highly debated topic in South Africa. The Constitution guarantees both the right to education and the right to religion and culture. In the culturally diverse South African environment the right to education and the child's right to participate in the cultural life of their choice may conflict with each other. The conflict referred to can mean that the child's right to participate in the cultural life of his or her choice might be sacrificed to the right to education. One such instance is the wearing of a headscarf in schools. The headscarf, also known as a hijab, is a traditional piece of clothing worn by Muslim women in accordance with their religious beliefs. The wearing of a headscarf in schools has become a contentious issue as it is seen by some as conflicting with the principles of education and the dress codes of schools. The government has a constitutional obligation to provide basic education to all children in the country. This right is seen as a crucial factor in ensuring that children can develop to their full potential. On the other hand, the right to religion and culture is equally important as it allows individuals to practice their religious beliefs and maintain their cultural identity. To evaluate discrimination against children in a culturally diverse classroom, it is mandatory to look at what the right to basic education entails and what obligations this right place on the state – more specifically on the Department of Basic Education – when it comes to promoting the right to basic education while protecting children's other constitutional rights. The government must adopt a balanced approach to ensure that both the right to education and the right to religion and culture are respected and protected. This study will investigate whether the state fulfils its obligation to protect the child's constitutional right to basic education without infringing on the child's right to religion and culture.

Closely related to the very quality of being European Union citizens, the movement of people and labor migration is significant from Romania to other EU countries. Being a complex process, the labor migration determines a chain of effects, involving both positive aspects (economic, social, cultural or relevant to the labor market) as well as negative, unfortunate and unintended, especially for families and children. Although the parents’ choice to work abroad is based on a criterion related to the level of economic development of the family, which meets the legal imperative that any decision must respect the principle of best interests of the child, the imminent risk factor generated by this choice leads to serious vulnerabilities and problems regarding a judicious and real protection of children's rights in our country. Numerous studies and statistics published at national level have determined, on one hand, the need of a more active involvement of the local and central public administration authorities in order to establish the actual dimensions of this phenomenon and, on the other hand, the necessity of establishing an express alternative protection framework for these abandoned children, which are now, in many cases, in the random care of people, other than their parents. Given this general context, this study identifies and analyzes the extent to which the current legislative framework on the situation of children whose parents have moved abroad in order to work is applicable or not. We will also present our opinion on the procedure of delegating parental authority by parents in the situation mentioned above and the efficiency of other alternative care measures and see if they meet the requirements established by the principle of the best interests of the child.

As a means of preventive medicine early detection and prevention examinations can identify and treat possible health disorders or abnormalities from an early age onwards. However, pediatric examinations are often widely spaced, and thus only snapshots of the children’s and adolescents’ developments are obtained. With e-health applications parents and adolescents could record developmental parameters much more frequently and regularly and transmit data directly for ongoing evaluation. AI technologies could be used to search for new and previously unknown patterns. Although e-health applications could improve preventive healthcare, there are serious concerns about the unlimited use of big data in medicine. Such concerns range from general skepticism about big data in medicine to specific challenges and risks in certain medical areas. In this paper, we will focus on preventive health care in pediatrics and explore ethical implications of e-health applications. Specifically, we will address opportunities and risks of app-based data collection and AI-based data evaluation for complementing established early detection and prevention examinations. To this end, we will explore the principle of the best interest of the child. Furthermore, we shall argue that difficult trade-offs need to be made between group benefit on the one hand and individual autonomy and privacy on the other. [ABSTRACT FROM AUTHOR]

In Islamic law, child custody is divided into physical custody and legal custody. Physical custody is given to a child's mother during the age of dependency, while legal custody is automatically assigned to the child's father. For a mother to qualify for custody and retain it in terms of Islamic Law, she must, among other things, not remarry. This requirement unfairly discriminates against women because the same is not expected of the father. Moreover, a mother is expected to reside in an environment where the father can visit and come back the same day. Failure to adhere to the above requirements may lead to custody being taken away from the mother. Again, this is discriminatory and leaves much room for arbitrary decisions that might not be in children's best interests. The South African Common Law regulation of child custody is more likely to promote the best interests of the child than its Islamic counterpart. In a recent landmark judgment, the South African Supreme Court of Appeal (SCA) held that the failure to give full legal recognition to Muslim marriages amounted to the violation of Muslim spouses' rightto equality, dignity, children's rights, and the right of access to courts. Moreover, all provisions of South Africa's Divorce Act will now apply to all Muslim marriages dissolved by divorce. Therefore, the SCA rightfully extended the Common Law position on child custody to Islamic marriages to safeguard the best interest of the child.

The main goal of this study is to perform a critical literature review of empirical research that measures the effects of joint physical custody (JPC) on children's and parents' wellbeing from a sociological perspective. Its focus is Spain in the scope of the Second Demographic Transition (SDT). The studies reviewed show no consensus on terminology that best expresses the condition of JPC, definition of the concept of JPC, or what it is meant by best interest of the child (BIC). A systematic search was performed to locate publications on Spain from 2015–2020. The review shows that the vast majority of JPC resolutions are granted to a specific family profile: highly educated parents who have experienced a low level of family conflict. The review of theoretical antecedents raises the following unanswered questions: Is SDT culture determining the progress of the legal system? Does existing law benefit a specific segment of the parent population? Is a correspondence occurring between family change, jurisprudence, and family and economic policies that benefits children and parents? This study highlights the need for consensus in defining the concepts of JPC and BIC, as well as the measures and methodology to be applied to analyze them. [ABSTRACT FROM AUTHOR]

Closely related to the very quality of being European Union citizens, the movement of people and labor migration is significant from Romania to other EU countries. Being a complex process, the labor migration determines a chain of effects, involving both positive aspects (economic, social, cultural or relevant to the labor market) as well as negative, unfortunate and unintended, especially for families and children. Although the parents’ choice to work abroad is based on a criterion related to the level of economic development of the family, which meets the legal imperative that any decision must respect the principle of best interests of the child, the imminent risk factor generated by this choice leads to serious vulnerabilities and problems regarding a judicious and real protection of children's rights in our country. Numerous studies and statistics published at national level have determined, on one hand, the need of a more active involvement of the local and central public administration authorities in order to establish the actual dimensions of this phenomenon and, on the other hand, the necessity of establishing an express alternative protection framework for these abandoned children, which are now, in many cases, in the random care of people, other than their parents. Given this general context, this study identifies and analyzes the extent to which the current legislative framework on the situation of children whose parents have moved abroad in order to work is applicable or not. We will also present our opinion on the procedure of delegating parental authority by parents in the situation mentioned above and the efficiency of other alternative care measures and see if they meet the requirements established by the principle of the best interests of the child. [ABSTRACT FROM AUTHOR]

Copyright of Marmara Üniversitesi Hukuk Fakültesi Hukuk Araştırmaları Dergisi is the property of Marmara University 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.)

Copyright of Ius et Praxis (07172877) is the property of Universidad de Talca 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.)

Copyright of Yıldırım Beyazıt Law Review (YBLR) is the property of Ankara Yildirim Beyazit University Law School 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.)

Riassunto Il presente lavoro, dopo aver rintracciato storicamente le fonti sovranazionali a tutela del fanciullo, si occupa dell’analisi del concetto di best interest così come risultante dalle pronunce più rilevanti della Corte Europea dei diritti dell’uomo in tema di crisi dell’unione coniugale. Ciò ha permesso l’ulteriore riflessione intorno al principio di bigenitorialità e alla sua operatività nelle decisioni delle Corti nazionali.

In Islamic law, child custody is divided into physical custody and legal custody. Physical custody is given to a child's mother during the age of dependency, while legal custody is automatically assigned to the child's father. For a mother to qualify for custody and retain it in terms of Islamic Law, she must, among other things, not remarry. This requirement unfairly discriminates against women because the same is not expected of the father. Moreover, a mother is expected to reside in an environment where the father can visit and come back the same day. Failure to adhere to the above requirements may lead to custody being taken away from the mother. Again, this is discriminatory and leaves much room for arbitrary decisions that might not be in children's best interests. The South African Common Law regulation of child custody is more likely to promote the best interests of the child than its Islamic counterpart. In a recent landmark judgment, the South African Supreme Court of Appeal (SCA) held that the failure to give full legal recognition to Muslim marriages amounted to the violation of Muslim spouses' rightto equality, dignity, children's rights, and the right of access to courts. Moreover, all provisions of South Africa's Divorce Act will now apply to all Muslim marriages dissolved by divorce. Therefore, the SCA rightfully extended the Common Law position on child custody to Islamic marriages to safeguard the best interest of the child. [ABSTRACT FROM AUTHOR]

South Africa has developed domestic legislation governing all surrogacy matters within the country. These provisions are contained in Chapter 19 of the Children's Act 38 of 2005. In Ex parte MS; In re: Confirmation of Surrogate Motherhood Agreement 2014 2 All SA 312 (GNP), the commissioning parents did not adhere to the requirement provided by Chapter 19. The parties to the (initially informal) surrogacy agreement authorised the artificial fertilisation of the surrogate mother prior to the confirmation of the surrogate motherhood agreement by the court. In considering the best interest of the resultant child, the High Court decided to ratify the inadequate surrogate motherhood agreement. This discussion aims to establish whether the court's judgement in Ex parte MS; In re: Confirmation of Surrogate Motherhood Agreement 2014 2 All SA 312 (GNP) was in accordance with the provisions of current legislation and case law. It furthermore aims to answer two primary questions: firstly, whether adjudicators should make use of the best interest of the child when ratifying inadequate surrogate motherhood agreements; and secondly, in what manner the court should go about implementing the best interest of the child when validating inadequate surrogate motherhood agreements. It is submitted that courts should refrain from applying the best interest of the child as a constitutional right in inadequate surrogacy matters where the child is yet to be born alive, in accordance with the Digesta Texts. Parties to the invalid agreement should rather be instructed to make use of a section 22 parental responsibilities and rights agreement, a section 28 termination agreement, or adoption as provided for by chapter 15 of the Children's Act.

This paper analyzes the special character of the maternal assistant labor contract regarding the actual legislation and the jurisprudence in this matter. By trying to find a balance between the regulations of the Labor Code regarding the individual employment contract and the special regulations regarding labor contract of the maternal assistant, we notice that the institution of the maternal assistant is governed, first of all, by the principle of the best interest of the child. So, because we have to consider this an axiom, the maternal assistant is, in fact, a genuine replacement of a parent for the child who is in placement or in custody. That’s why the content of this labor contract is all about the growth, care and the education of the child, without a strict connotation to the specific elements of the common labor contract, as the work program, the time to work and time to rest and even the subordination relationship with the employer. In this context, the common stipulations of la labor Code regarding the individual labor contract are only the general frame in which the work of the maternal assistant is taking place, because the content of his work is much more, legally and morally, that the norm.

Shastras and Quran have affirmed the idea of guardianship in the Ancient times but their views are different on the notion of Guardianship.The guardianship flows from the mental incapability or disability of the child who is unable to protect himself or handle the affairs relating to his property then is it safe to give child in the hand of such parents? Whether gender biasness on the issues related to the guardianship of the children will end in coming future or not? The crucial role of the guardianship is to protect the best interest and welfare of the child for his personality development. The legislative framework which regulates the notion of guardianship in personal laws on family jurisprudence like Hindu Minority and Guardianship Act, Guardian and Wards Act 1890, Islamic law etc. the judicial enactments of the court sometimes rely on the laws and many times it is inconsistent with laws like in some cases preference is given to the father over the mother and in some cases both father and mother stands on equal footing. The guardianship has been shifted from superiority of father to welfare principle in recent times with the laws relating to Guardianship and minority has been administered by the Hindu Minority and Guardianship Act 1956 with welfare of the child as the major consideration. [ABSTRACT FROM AUTHOR]

Copyright of Archivio Giuridico is the property of Mucchi Editore 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.)

Copyright of Estudios de Derecho is the property of Estudios de Derecho 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.)