Made available in DSpace on 2016-04-26T20:25:38Z (GMT). No. of bitstreams: 1 Marcos.pdf: 1068659 bytes, checksum: 0b3ddcf69c8c69eaefd4e0712c5b96d4 (MD5) Previous issue date: 2007-06-18 / This work intends to investigate the mutations faced inside the families in history s, and how this changing may open the idea of multi kinship; on other words, the existence of a plurality of fathers and mothers on its relationship with a child. The investigation here is delimited by a western contemporary tradition, and, despite its transdisciplinary pretension, the work will be related mostly to Philosophy, Sociology, Politics and Law (and in the Law discipline, Constitutional Law, Civil Law, and specialy Families Law). Technically, the work will have as a basis the contemporary juridical legal order in Brazil. The hypothesis goes on the sense that is completely possible, using the principles adequately mainly the dignity and child s best interest principles - the uprising of new criterion about the link between children and parenthood, including in a multiple way. In this line, the Law may recognize and ordinate the new situations generated in society s core in XX century softening the cognitive closing specific of certain Law domains, like de Family Law / Este trabalho busca investigar as mutações enfrentadas dentro da família no decorrer da História e como tais mudanças podem possibilitar a idéia de multiparentalidade, isto é, a existência de múltiplos pais e mães com relação a uma criança. A investigação está limitada pela tradição ocidental contemporânea e, apesar de sua pretensão transdisciplinar, o trabalho estará mais ligado à Filosofia, Sociologia, Política e Direito (e, dentro das disciplinas jurídicas, Direito Constitucional e Direito Civil, em especial, o Direito de Família). Dogmaticamente, o trabalho terá como matéria prima o ordenamento jurídico brasileiro atual, e a hipótese que o orienta é a de que é plenamente possível, por meio da utilização adequada dos princípios, especialmente os da dignidade e do melhor interesse da criança, a adoção de novos critérios de vinculação entre pais e filhos, inclusive de modo múltiplo. Assim, o Direito poderá reconhecer e normatizar as novas situações geradas no seio da sociedade do século XX, atenuando, assim, o fechamento cognitivo específico de certos ramos do Direito, como o Direito de Família

Made available in DSpace on 2015-03-05T17:21:11Z (GMT). No. of bitstreams: 0 Previous issue date: 31 / Nenhuma / Com o advento da nova Doutrina da Proteção Integral, plasmada, no plano nacional, na Carta Política de 1988 e no Estatuto da Criança e do Adolescente, ocorreu forte mudança do paradigma referente às questões da Infância e da Juventude, tornando as crianças e adolescentes sujeitos de direitos e não meros objetos de providências de cunho assistencial. Aboliu-se a antiga Doutrina da Situação Irregular, redundando na redução dos limites de atuação do Juiz da Infância e da Juventude. No entanto, identifica-se um movimento de negação do novo ordenamento, que se reflete em decisões voltadas, ainda, para o sistema jurídico revogado. Nesse cenário, o princípio do melhor interesse da criança, previsto na Convenção Internacional Sobre os Direitos da Criança, tem servido de instrumento para a adoção de decisões judiciais discricionárias e alheias à nova ordem vigente. Essa realidade é percebida e exemplificada em precedentes da Justiça Gaúcha, exigindo a construção de alternativas para que os direitos e garantias fundame / The new Integral Protection Doctrine, constituted nationally in the 1988 Constitution and in the Child and Adolescent Act, a sound paradigm change occurred concerning the childhood and youth issues, in which children and adolescents became subjects of right instead of simple assistance objects. The former Irregular Situation Doctrine was revoked, causing, as a result, a reduction of the limits to the Childhood and Youth Judge actions. However, it is possible to identify a denying move towards to the new determination, reflecting on decisions directed to the former juridical system. In this situation, the best interest of the child principle, foreseen in the Convention on the Rights of the Child, is being used for discretionary decisions, disregarding the new valid order. This reality is perceived and exemplified in precedent situations of the Justice in Rio Grande do Sul, demanding alternatives in order to protect the fundamental rights and guaranties of children and adolescents. Thus, the present paper int

<p>The purpose of this paper is to investigate on what basis a child is committed into care according to the law and to see on which grounds the decision about committed child care in law practice are taken when a child is committed to care due to parents who are mentally retarded. To better understand the juridical grounds for these decisions I will also in a short background describe the meaning of the term mentally retarded, how mental retardation and parenthood has changed over time and how different opinions are expressed in the law. Both people with mental retardation and children have in recent years gained their rights and sometimes these rights end up in conflict with one another. In those cases, what is in the best interest of the child, should be decisive. The children who have mentally retarded parents are at risk to not have their physical, psychological, emotional, social and intellectual needs met and are therefore being unfavourable developed. LVU gives possibilities for the right to intervene in the relation between child and parent through committing the child into care against the parent’s will. This law is supposed to be used in those cased when the child is being exposed to bad conditions which implies an obvious risk for the health and development of the child and when care cannot be given voluntarily. In my study it is discovered that the Supreme Court has decided cases where children with parents who are mentally retarded or have similar problems has been committed into care. The retardation in itself is not reason enough for the child to be committed into care, it is the consequences which are determining. The Supreme Court approved the Social service request concerning committing care in three of the eleven cases I have studied and they stated lack in material, social and intellectual areas, and also the immatureness of the parents and the inability to put the child’s need first. In the other cases I have studied the Supreme Court declined the requests from the Social service and motive it different in each case. They referred to the lack of necessary qualifications, that siblings has managed well, that supporting measures in the home should be sufficient etc. In my study I can clearly see that the demand for evidence about lack in care is increased by every instance. My study also show that the Supreme Court to a relatively great extent tend to decide against the Social service, experts and the opinion of public counsels. My opinion is that the perspective of the child is at risk of being put aside if the court lower their demands on good parenthood for parents with mental retardation.</p>

<p>In 2006 there was a change in LMA (1994:37) that clarified the division of responsibility be-tween the Migration Board and the municipalities, concerning unaccompanied children. The social services should now be utmost responsible for the housing and care of these children, to assure that they gain the same standards and rights as all other children. The aim of this essay has been to examine how the division of responsibility has influenced the work of the social services and how they interpret their responsibility for the unaccompanied children. How do the social services investigate and make decisions concerning these children? Do these chil-dren have the same rights as other children? To answer these questions a legal study was made, followed by qualitative research interviews with four social services that receive unac-companied children. The study was made from a legal sociologist perspective, which involves analyzing the results from the interviews with the legal results, together with earlier research on unaccompanied children. The results show that the division of responsibility still is indis-tinct and that the investigations concerning these children often are brief and simplified. In two of the interviewed municipalities the view was that unaccompanied children did not have the right to efforts according to SoL (2001:453), which in practice means that the unaccom-panied children are discriminated.</p>

<p>The aim of this study was to describe how the best interest of the child can be constructed in investigations concerning permission for international adopt, where adequate parenthood is investigated. Qualitative research interviews were used as method. Seven investigators from six different sections of the city of Stockholm were interviewed. The information was analysed on the basis of a sociological approach to law and social constructionism.</p><p>The result showed that adequate parenthood is a condition in the interest of the child. Adequate parenthood is specified as the parent’s qualities and possibility to care for an adopted child. It does not depend on material qualifications, it is principally a matter of personal conditions, which can be defined as self-consciousness and the ability to reflect, feel empathy and manage a crisis. An adequate adoptive parent shall also realize the significance of an adoption. Adequate adoptive parents have a stable and lasting relationship and are surrounded by a stable social network.</p><p>The best interest of the child shall mainly be fulfilled by the qualities of the parents, in other words the adequate parenthood. The adoption has to be in the best interest of the child and thereby fulfil the child’s needs. In a family, children need to develop in their own pace and receive support whenever it is needed. In the investigation undertaken by the authorities, the interests of the child can best be looked after with an investigator that possesses adequate knowledge about children, that investigates thoroughly and feel a responsibility towards the child.</p>

<p>In 2006 there was a change in LMA (1994:37) that clarified the division of responsibility be-tween the Migration Board and the municipalities, concerning unaccompanied children. The social services should now be utmost responsible for the housing and care of these children, to assure that they gain the same standards and rights as all other children. The aim of this essay has been to examine how the division of responsibility has influenced the work of the social services and how they interpret their responsibility for the unaccompanied children. How do the social services investigate and make decisions concerning these children? Do these chil-dren have the same rights as other children? To answer these questions a legal study was made, followed by qualitative research interviews with four social services that receive unac-companied children. The study was made from a legal sociologist perspective, which involves analyzing the results from the interviews with the legal results, together with earlier research on unaccompanied children. The results show that the division of responsibility still is indis-tinct and that the investigations concerning these children often are brief and simplified. In two of the interviewed municipalities the view was that unaccompanied children did not have the right to efforts according to SoL (2001:453), which in practice means that the unaccom-panied children are discriminated.</p>

No description available.

The purpose of this paper is to investigate on what basis a child is committed into care according to the law and to see on which grounds the decision about committed child care in law practice are taken when a child is committed to care due to parents who are mentally retarded. To better understand the juridical grounds for these decisions I will also in a short background describe the meaning of the term mentally retarded, how mental retardation and parenthood has changed over time and how different opinions are expressed in the law. Both people with mental retardation and children have in recent years gained their rights and sometimes these rights end up in conflict with one another. In those cases, what is in the best interest of the child, should be decisive. The children who have mentally retarded parents are at risk to not have their physical, psychological, emotional, social and intellectual needs met and are therefore being unfavourable developed. LVU gives possibilities for the right to intervene in the relation between child and parent through committing the child into care against the parent’s will. This law is supposed to be used in those cased when the child is being exposed to bad conditions which implies an obvious risk for the health and development of the child and when care cannot be given voluntarily. In my study it is discovered that the Supreme Court has decided cases where children with parents who are mentally retarded or have similar problems has been committed into care. The retardation in itself is not reason enough for the child to be committed into care, it is the consequences which are determining. The Supreme Court approved the Social service request concerning committing care in three of the eleven cases I have studied and they stated lack in material, social and intellectual areas, and also the immatureness of the parents and the inability to put the child’s need first. In the other cases I have studied the Supreme Court declined the requests from the Social service and motive it different in each case. They referred to the lack of necessary qualifications, that siblings has managed well, that supporting measures in the home should be sufficient etc. In my study I can clearly see that the demand for evidence about lack in care is increased by every instance. My study also show that the Supreme Court to a relatively great extent tend to decide against the Social service, experts and the opinion of public counsels. My opinion is that the perspective of the child is at risk of being put aside if the court lower their demands on good parenthood for parents with mental retardation.

In 2006 there was a change in LMA (1994:37) that clarified the division of responsibility be-tween the Migration Board and the municipalities, concerning unaccompanied children. The social services should now be utmost responsible for the housing and care of these children, to assure that they gain the same standards and rights as all other children. The aim of this essay has been to examine how the division of responsibility has influenced the work of the social services and how they interpret their responsibility for the unaccompanied children. How do the social services investigate and make decisions concerning these children? Do these chil-dren have the same rights as other children? To answer these questions a legal study was made, followed by qualitative research interviews with four social services that receive unac-companied children. The study was made from a legal sociologist perspective, which involves analyzing the results from the interviews with the legal results, together with earlier research on unaccompanied children. The results show that the division of responsibility still is indis-tinct and that the investigations concerning these children often are brief and simplified. In two of the interviewed municipalities the view was that unaccompanied children did not have the right to efforts according to SoL (2001:453), which in practice means that the unaccom-panied children are discriminated.

The aim of this study was to describe how the best interest of the child can be constructed in investigations concerning permission for international adopt, where adequate parenthood is investigated. Qualitative research interviews were used as method. Seven investigators from six different sections of the city of Stockholm were interviewed. The information was analysed on the basis of a sociological approach to law and social constructionism. The result showed that adequate parenthood is a condition in the interest of the child. Adequate parenthood is specified as the parent’s qualities and possibility to care for an adopted child. It does not depend on material qualifications, it is principally a matter of personal conditions, which can be defined as self-consciousness and the ability to reflect, feel empathy and manage a crisis. An adequate adoptive parent shall also realize the significance of an adoption. Adequate adoptive parents have a stable and lasting relationship and are surrounded by a stable social network. The best interest of the child shall mainly be fulfilled by the qualities of the parents, in other words the adequate parenthood. The adoption has to be in the best interest of the child and thereby fulfil the child’s needs. In a family, children need to develop in their own pace and receive support whenever it is needed. In the investigation undertaken by the authorities, the interests of the child can best be looked after with an investigator that possesses adequate knowledge about children, that investigates thoroughly and feel a responsibility towards the child.