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Increasing access to rights for young people has highlighted the fact that little is known about their thinking and understanding of rights issues. However, expanding children’s access to rights without adequate knowledge of how they understand, experience and are able to use these rights, may be detrimental to their well-being. Thus far, research has explored conceptions of rights in several populations, including school aged children and young offenders, but little attention has been focused on maltreated children – a particularly vulnerable group. The purpose of the current study was to examine conceptions of and attitudes towards children’s nurturance and self-determination rights in 10-18-year-old children with histories of maltreatment who were living in state care. Associations between rights conceptions and attitudes, and factors related to the experience of maltreatment and child welfare care (e.g. type of maltreatment, type of foster care, time in care, and number of foster care placement changes), were explored. Rights concepts were assessed by having participants generate and discuss children’s rights issues arising in three contexts: home, school and the greater community, as well as through general knowledge questions. Attitudes were assessed using the Children’s ii iii Rights Attitudes questionnaire (Peterson-Badali, Morine, Ruck & Day, 2004), a 32 item likert-scale measure of children’s endorsement of various nurturance and self-determination rights. Results indicated that, while maltreated children’s conceptions of rights did frequently vary from previous findings with non-maltreated children, there were also a number of broad-based similarities. Interestingly, while maltreatment and child welfare care variables were largely unrelated to rights conceptions and attitudes, participants’ understanding did appear to be informed by the particular concerns that emerged from their unique circumstances (e.g., the fulfillment of basic needs such as food, clothing, and education). Findings are discussed in relation to theory, research, policy, and practice.

Increasing access to rights for young people has highlighted the fact that little is known about their thinking and understanding of rights issues. However, expanding children’s access to rights without adequate knowledge of how they understand, experience and are able to use these rights, may be detrimental to their well-being. Thus far, research has explored conceptions of rights in several populations, including school aged children and young offenders, but little attention has been focused on maltreated children – a particularly vulnerable group. The purpose of the current study was to examine conceptions of and attitudes towards children’s nurturance and self-determination rights in 10-18-year-old children with histories of maltreatment who were living in state care. Associations between rights conceptions and attitudes, and factors related to the experience of maltreatment and child welfare care (e.g. type of maltreatment, type of foster care, time in care, and number of foster care placement changes), were explored. Rights concepts were assessed by having participants generate and discuss children’s rights issues arising in three contexts: home, school and the greater community, as well as through general knowledge questions. Attitudes were assessed using the Children’s ii iii Rights Attitudes questionnaire (Peterson-Badali, Morine, Ruck & Day, 2004), a 32 item likert-scale measure of children’s endorsement of various nurturance and self-determination rights. Results indicated that, while maltreated children’s conceptions of rights did frequently vary from previous findings with non-maltreated children, there were also a number of broad-based similarities. Interestingly, while maltreatment and child welfare care variables were largely unrelated to rights conceptions and attitudes, participants’ understanding did appear to be informed by the particular concerns that emerged from their unique circumstances (e.g., the fulfillment of basic needs such as food, clothing, and education). Findings are discussed in relation to theory, research, policy, and practice.

Vaiko teisės – fundamentalių žmogaus teisių dalis, taikoma savitai asmenų grupei. Tai silpnoji visuomenės narių grupė, dėl nesubrendimo ir pažeidžiamumo reikalaujanti kitų pagalbos savo teisių užtikrinimui. Darbe aptariamas vaiko teisinis statusas, subjektiškumo ribos. Remiantis tarptautiniais teisės aktais bei tarptautine praktika, analizuojamos vaikystės pradžios ir pabaigos nustatymo problemos. Darbo pagrindą sudaro išsami kelių fundamentalių vaiko teisių analizė. Visų pirma, analizuojama teisė išsaugoti savo identiškumą, ypač atkreipiant dėmesį į įvaikinto vaiko galimybę įgyvendinti šią teisę. Įvaikio teisė žinoti savo biologinius tėvus nėra leidžiama daugelio valstybių praktikoje, o tai sukelia teisės išsaugoti savo šeimos ryšius pažeidimą. Atsižvelgiant į tai, kokia esminė tarptautiniu mastu laikoma šeima vaiko auklėjime, analizuojamas teisinis šeimos statusas: teisės, pareigos ir atsakomybės ribos auklėjant ir vystant vaiką. Aptariamos skirtingos “šeimos” sampratos ir praktinė būtinybė, siekiant geriausių vaiko intersų, šeimos santykius nustatyti pagal faktines aplinkybes. Aktualus alternatyvių vaiko priežiūros formų klausimas. Darbe dėmesys skiriamas įvaikinimo santykiams, ypatingai atkreipiant dėmesį į tarpvalstybinių įvaikinimų aspektus. Vaiko pilnaverčiam vystymuisi esminė yra apsauga nuo smurto. Darbe analizuojamas ypatingai problematinis šios teisės aspektas – fizinių bausmių taikymas. Fizinės bausmės patenka į draudžiamo smurto formas ir reglamentavimo spragos... [toliau žr. visą tekstą] / Protection of the Rights of the Child: Problems of Regulation on International Plane The rights of the child constitute a part of fundamental human rights and are applicable to a specific group of individuals. The immaturity and vulnerability of these individuals requires interference of international society to ensure and protect their rights. The final paper views legal status of the child and the scope of child’s capability. The problems of the beginning and the end of the childhood are analised in accordance with international laws and international practice. The final paper is based on the analysis of several fundamental rights of the child. The paper includes the right to protect identity with a specific reference to the rights of adopted child. The right of the adpotee to know his/her biological parents is not guaranteed by legal systems of many states and this lacuna leads to the infringement of the right to preserve family relations. Regarding the importance of the family in child’s upbringing, the legal status of the family is analised, including rights, duties and the responsibilities of the family while educating and developing the child. The paper reviews the different concepts of ‘family’ and highlights a practical necessity to define the family accordingly to factual circumstances. Important question of the alternative forms of child’s care focuses on adoption with a special reference to the aspects of inter-country adoption. The effective protection against... [to full text]

On legal-philosophical grounds the constitutional protection of socio-economic rights has been the subject of much debate. The question is whether socio-economical rights should be protected by a constitution and, if so, to what extent. In this study a theological-ethical evaluation is done about socio-economical rights and the protection thereof. This is done by examining certain Biblical themes and parts of Scripture of the Old and New Testament. From this investigation it is clear that socioeconomical rights are very important human rights that must be protected as effectively as possible. Several points of view on the constitutional protection of socio-economical rights are investigated and evaluated. These points of view are based on legal-philosophical grounds and argue respectively against the constitutional protection of socioeconomical rights, the protection of socio-economical rights as directive principles and the protection of socio-economical rights as fundamental rights. From this investigation it is clear that in principle the constitutional protection of socioeconomical rights as fundamental rights is the most effective way to protect these rights. The current state of affairs with regard to socio-economical rights in the Constitution of South-Africa is also investigated and evaluated. From this investigation it is clear that the Constitution does protect certain socio-economic rights, but not all of them. The rights to labour, clothing and scientific progress do not occur in the Constitution. In principle the right to labour is a very important socio-economic right and it leads to the realization of other socio-economic rights. The Constitution of South Africa also has several measures in place to ensure the protection of socio-economic rights. In spite of these measures, the socio-economic rights in the Constitution remain little more than rights on paper. There state, private sector, church and each individual will still have to do a lot to ensure the protection of socio-economic rights in South-Africa. / Thesis (M.Th. (Ethics))--North-West University, Potchefstroom Campus, 2004.

This paper surveys the legal implications of religious doctrines at they relate to the universal acceptance of reproductive rights. While the use of human rights to advance reproductive health has gained momentum over the last several decades, the variance in arranging religion and state relations and the significant impact religious institutions have over the substantive rights to reproductive freedom in many parts of the world necessitates a break from considering reproductive rights as a strictly secular issue. Using Israel, Poland and Indonesia as examples, this paper will explain how an understanding of the doctrines underlying major world religions is a crucial step towards recognizing how reproductive rights and freedoms can be advanced in a world where laws and policies are informed by both the sacred and the secular.

This study examines and analyses the expropriation laws and practices in Ethiopia. The objective of the thesis is to analyze and describe the land rights and expropriation laws in Ethiopia and to compare them with the practice in order to determine the fairness of compensation. The study is made against the Ethiopian Constitution and other subsidiary legislations which provide the basic land rights and the nature and details of expropriation. The basic argument made in this thesis is that even if the Ethiopian Constitution provides and guarantees common ownership of land (together with the state) to the people, this right has not been fully realized whether in terms of land accessibility, enjoyablity, and payment of fair compensation in the event of expropriation. The reasons have to do either with the faulty nature of the laws or with their implementation by public authorities. From the outset, the constitution excludes land as a subject of compensation. For this reason, land is being excluded from the compensation package and hence it has no value for the holder. Urban land holders are denied location value of their property, which they can collect it otherwise during sale, and hence the compensation becomes unfair. Similarly, rural farmers are denied compensation for the complete loss of their farm land. The denial of compensation for the value of the land is categorically in contradiction with the very principle of joint ownership of land by the people and the state. There are also other reasons which are related to the law or its practical applicability, such as valuation process which reduces the amount of compensation. There are also property interests which are not included as compensable interests. Payment of compensation is one factor for secure property right and hence sustainable development. To ensure fair compensation in the event of compensation, a legal and policy level reform is necessary to address and amend the existing problems. Further, to harmonize the laws and practices is imperative to reduce the amount of injustice existed in today’s expropriation procedure in Ethiopia. / <p>QC 20131122</p>

Sexual orientation, especially between males, has historically been met with harsh criminal sanctions. Only in this century has the issue been one of fundamental freedom and private choices. This study analyses the legal history of the concept of choice in sexual orientation in the European Commission of Human Rights (the Commission) and the European Court of Human Right (the Court), and documents the evolution of sexual orientation rights from the 1950s until today specifically focusing on why the human rights protection has changed. Until 1975 the Commission did not consider absolute criminalisation contrary to the right to respect for privacy or as discrimination, but this approach started to change in 1975. A stricter test of what is considered necessary in a democratic society led to the Dudgeon judgement in 1980 where absolute criminalisation of homosexuality was found to be contrary to the right to respect for privacy in the European Convention on Human Rights (the Convention). This judgement has largely been responsible for decriminalisation throughout the Council of Europe member-States. This decriminalisation was limited to private, adult acts that were consensual and this was the norm until 1997. In that year, unequal ages of consent also was found to be contrary to the Convention. The study showed that this evolution was facilitated mainly by a European consensus, based on the legislation of the member-States and expert knowledge. The European consensus doctrine has proven to be a very complex concept, and this study argues that a regional approach to the consensus enquiry is a better solution than the present doctrine, and solves some of the problems it has proven to cause.