Background/aim: The purpose of this sociological study "Genus in the Child's Best Interest" was to, from the Administrative Court's decree about the child's own behavior, further clarify the concept of the child's best interest by studying how the concept is expressed in decrees with focus on genus. Theory: Three genus theories, to compare girls and boys, Mary John's power theory, the grown ups definition of what the reality is and what it should contain, and a labeling theory, where the people with power are the ones to define what's normal and what's not, have been used to analyze the result in this study. Method: A content analyses was used to analyze the decrees, with the focus on girls and boys between the ages of 12 to 19, where they have been forced into treatment by the law. Result: The concept of a child's best interest does make a difference between girls and boys in the decrees, and the girls have more power because they have more room to express themselves and are less responsible for their thoughts and actions. The concept is possible to use, but the definition is subjective and could be colored by the societies values and norms.

The socio-economic and political crisis in Zimbabwe is breeding poverty which forces children to drop out of school and find a way to survive. Children in Zimbabwe no longer work for extra income to spend with peers or to pay for school fees, but they work for their survival. Therefore this is a study on child labour. Zimbabwe is signatory to the United Nations Convention on the Rights of the Child however, all these laws are not helping to mitigate against child labour. Despite the existence of child labour in Zimbabwe there has been little theological response. The current theological debates have overlooked the suffering of children through child labour. This argument refers to both academic and church theology. The basic theological argument in this study is that in order to protect children from child labour there is need to construct a liberative theology of children which focuses on; dignity, identity, love, justice and freedom. / Thesis (M.Th.)-University of KwaZulu-Natal, Pietermaritzburg, 2009.

This dissertation examines the Conventions and Recommendations to regulate the minimum age for admission to employment between the years 1919 and 1973 – the ILO minimum age campaign. The adoption process has been studied in its chronological and historical context. The dissertation has three points of departure: that childhood is a historical construction and that the legal material is part of that construction; that the minimum age campaign suffered from a ‘hang-over-from-history’, namely, the history of Western industrialisation during the 19th and early 20th centuries; and, finally, that children had a subordinate and weak position in the minimum age campaign. The study was organised around five central themes: (1) the over-all theme of predominant conceptions of children and work; (2) the relationship between industrialised and colonised and developing nations; (3) the relationship between the child, the family and the state; (4) minimum age; and (5) the importance of school. The most important results of the study are that: (1) In view of the revolutionary changes during the 20th century the continuity in the minimum age campaign was remarkable. In 1919, the ‘child labour problem’ was an issue mainly for the Western industrialised word. By the end of the campaign, in 1973, the transformations in societies during the century had made ‘the child labour problem’ an issue mainly for the developing world and with different conditions and implications in many respects. The content and ‘grammar’ of the minimum age campaign was however never really challenged. (2) The study has verified that the minimum age campaign suffered from a ‘hang-over-from history’. The campaign built directly on the Western industrial experience during the 19th and early 20th centuries. The Western dominance in the ILO, the legal transplants, and the roots in the labour movement all contributed to the ‘hang-over’. (3) The minimum age campaign was modelled on the ‘norm of the Western industrialised childhood’. The norms and realities of childhood in other parts of the world were neglected of considered as provisional and inferior phases in relation to the Western ‘norm’. In this way, there were two separate childhoods in the minimum age campaign: ‘the normal’ childhood conceived for Western conditions and ‘the other’ childhood conceived for the ‘imperfect’ conditions of poor children in the colonised and developing nations.(4) In the minimum age campaign the ‘best interests of the child’ was negotiable and was subordinated in case of conflict with other interests.

Through the centuries the parental authority has dwindled from the absolute power of the father to the rights of autonomy of the child. At present in the South African law the parental authority is still largely determined by the common law and can be described as the sum total of rights and obligations which parents enjoy in relation to their children. Guardianship and custody are the separate incidents of parental authority. The Child Care Act 74 of 1983, The Constitution of the Republic of South Africa 108 of 1996, The Guardianship Act 192 of 1993, The Choice on Termination of Pregnancy Act 92 of 1996, the ratification of the United Nations Convention on the Rights of the Child 1989 by South Africa on 16 June 1995 and case law have contributed to increasing limitations on the exercise of parental authority. A balance needs to be found between the parental authority and the rights of the child to ensure that neither is absolute. Parents need to respect the evolving capacities of the child and children need to respect the guidance of the parents. / Jurisprudence / LL.M

Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2018-11-22T11:43:32Z No. of bitstreams: 1 Paula Fernanda Avanzia.pdf: 1355912 bytes, checksum: b842db81da783c35f9dba05ec75f1635 (MD5) / Made available in DSpace on 2018-11-22T11:43:32Z (GMT). No. of bitstreams: 1 Paula Fernanda Avanzia.pdf: 1355912 bytes, checksum: b842db81da783c35f9dba05ec75f1635 (MD5) Previous issue date: 2018-09-12 / Conselho Nacional de Pesquisa e Desenvolvimento Científico e Tecnológico - CNPq / This dissertation aims to analyze the role played by the Municipal Councils of the Rights of the Child and Adolescent in the administrative region of Ivaiporã-PR, seeking to understand the difficulties, limits and possibilities within its scope, with the purpose of identifying whether these spaces carry out their actions in accordance with the Integral Protection Doctrine established by the Statue of the Child and Adolescent and if, in fact, they can guarantee the rights of the public in question or if the action still finds limits to break with standards conservative, considering the cultural marks that historically permeates public spaces, arising from Brazilian socio historical formation. The study was carried out from a bibliographical review of materials to the thematic of the study for the construction of the theoretical reference. In order to approach the universe of the study with the Rights of the Child and Adolescent of the cities of Ivaiporã, Lunardelli and São João do Ivaí and the subjects of the research, three municipal councilors of each council, we use as instrument of data collection semi-structured interviews and participant observation at council meetings, as well as documentary research, analyzing the minutes of the last three council meetings. The result of the research revealed that despite the normative advances and the advanced legislation that we have, the council‟s action still finds limits to break with conservative and centralizing decision make standards, thus, they do not guarantee Integral Protection for children and adolescents. However, we note that there are structured and conjectural issues that reverberate in the councils and corroborate so that these spaces still encounter difficulties and challenges in the scope of their action, therefore the councils still lack investments / A presente dissertação tem como objetivo central realizar uma análise acerca do papel desempenhado pelos Conselhos Municipais dos Direitos da Criança e do Adolescente na região administrativa de Ivaiporã-PR, buscando compreender as dificuldades, os limites e as possibilidades no âmbito de sua atuação, com o propósito de identificar se esses espaços realizam suas ações em consonância com a Doutrina da Proteção Integral estabelecida pelo Estatuto da Criança e do Adolescente e se, de fato, conseguem garantir os direitos do público em questão ou se a atuação ainda encontra limites para romper com padrões conservadores, considerando as marcas culturais que historicamente perpassa os espaços públicos, decorrentes da própria formação sócio-histórica brasileira. O estudo foi realizado a partir de uma revisão bibliográfica de materiais relacionados com a temática do estudo para a construção do referencial teórico. Para a aproximação com o universo do estudo, os Conselhos Municipais dos Direitos da Criança e do Adolescente dos municípios de Ivaiporã, Lunardelli e São João do Ivaí e dos sujeitos da pesquisa, três conselheiros municipais de cada conselho, utilizamos como instrumento de coleta de dados entrevistas semiestruturadas e observação participante em reuniões dos conselhos, além de pesquisa documental, analisando as atas das três últimas reuniões dos conselhos. O resultado da pesquisa revelou que apesar dos avanços normativos e da avançada legislação que possuímos, a atuação dos conselhos ainda encontra limites para romper com padrões conservadores e centralizadores do poder de decisão, assim, não garantem Proteção Integral para as crianças e adolescentes. Todavia, constatamos que existem questões estruturais e conjunturais que reverberam nos conselhos e corroboram para que estes espaços ainda encontrem dificuldades e desafios no âmbito de sua atuação, portanto, os conselhos ainda carecem de investimentos

In this thesis I have concentrated on legal consciousness of children but not from their point of view, how it was in most cases of the elaboration of this topic, but from the point of view of people who actually work with children. This regards pedagogues, social workers, further school psychologists and psychologists. The theoretical part of the thesis deals with the right, legal consciousness, further then with the important conception ?child?, namely from the point of view of pedagogy, psychology as well as from the viewpoint of law. The thesis deals with morals itself and also its comparison with law, further with the value system and education, on important documents regarding the rights of children, educational program and its focus on the education of law in elementary and high schools. The important section of the theoretical part are also projects focused on increasing of the legal consciousness executed in the Czech republic as well as in the Southbohemian region. 144 respondents from the Southbohemian region took part in the research, either respondents who work in an elementary or high school, eventually in non-profit organizations which work with children. The difference of the opinions between pedagogues nad other workers was found out by the research. In contrast to other workers, the pedagogues think statistically more often that children have the legal consciousness. A very interesting moment is the age since which children should be acquinted with their rights. Other workers consider the beginning of the school attendance (or even the end of the preschool attendance) as the optimal age for familiarising the children with their rights in contrast to the pedagogues who would shift this limit almost to the second degrese of elementary schools. Next founded and documentary fact was the difference in methods used for familiarising children with their rights. The pedagogues combine discussions and lectures as well as model situations. Other workers prefer only lectures and discussions. They vary also in the evaluation of time dotation devoted to the rights of children during school education. Other workers are much more critical than the pedagogues in this regard. It was proved that the pedagogues more often do not know the organizations which deal with the rights of children whereas other workers do. The whole research is assumed into SWOT analysis which determined children´s interest in their rights and their familiarising with the right already since 1st class as the most strong sides. A weak spot showed to be the lack of time in school education devoted to children´s rights together with obtaining the biggest amount of information in the family. A chance is the realization of more new projects focused on concrete spheres of the rights and also the fact that the legal consciousness should be constantly increased. The risk is insufficient knowledge of rights in the sphere of the protection of personality when easy misuse and also insufficient knowledge of rights threaten. The insufficient knowledge could result in the increase of transgressions even criminality.

The revision of laws and the application of culpability to those most responsible for serious humanitarian law violations has functioned as a necessary condition for achieving peace in most post-war societies. However, there is an embarrassing silence when it comes to addressing the question of whether children are to be subjected to the principle of individual criminal responsibility. As morally controversial as it is, the question remains fundamental. Unfortunately, children have been involved in armed conflicts, as victims primarily, but not exclusively. Children are among those accused of having committed brutal and terrible international crimes in times of armed conflict when part of armed groups or armed forces. And with no consensus within the international community regarding their status within International Criminal Law — no established law within International Law and no consistent practice among states on the issue— the problem of criminal accountability of children accused of international crimes remains unanswered. The current work conducts a legal positivist analysis with the focus of investigating the contribution of the Special Court for Sierra Leone to the current debate on children’s criminal responsibility under International Criminal Law. Among significant contributions, the Statute of the Special Court brought one interesting innovation to the debate on children’s potential criminal responsibility. Juveniles starting at age fifteen would be considered viable for prosecution if among those most responsible for the Special Court, as established in Article 7.1. The above innovation translates into two essential contributions to the debate on children criminal responsibility for international crimes: first the Special Court was the first international court to elect a minimum age of criminal responsibility (MACR) at age fifteen to be operational within the scope of the court. Secondly, and equally important, the court reflected the position that children, after the stipulated MACR would be considered, at least a priori, viable subjects of the international criminal system.

Even though many states have ratified the UN Convention on the Rights of the Child and sworn to protect human rights, viloations occur every day both in developed and developing countries. United Nations gave Sweden critique for not implementing the Convention conrerning article 11, which raises the question how respected the Convention is amongst other states? Does democracy contribute to a higher level of implementation?

L’évolution scientifique du VIH/sida ne peut se conter sans son aspect juridique ; en effet, la pandémie a soulevé de nombreuses interrogations sur le plan juridique, qui se sont traduites par l’adoption de multiples législations. De la sorte, la sérophobie, née de l’impuissance de la médecine et de la science face à cette maladie qui semblait inexorable et de la peur du fait de l’incertitude sur ses origines et sa prophylaxie, a eu pour corollaire des réactions liberticides accompagnée d’un anathème jeté sur certaines populations. Toutefois, ce fléau médical, devenu également social, a eu comme résultat de lutter contre diverses injustices. En effet, alors que depuis le XIXe siècle, la réponse apportée aux épidémies était très autoritaire, le VIH/sida a introduit une nouvelle conception du contrôle de ces dernières, éloignée de la conception classique. Une perspective inédite consistant en une réflexion plus globale s’est alors mise en place. À partir de cela, le respect des droits individuels ne fut plus considéré comme pouvant être contraire à l’intérêt général, mais comme étant un élément nécessaire au bien-être commun. Dès lors, après avoir constitué une boîte de pandore aux atteintes aux droits fondamentaux, la riposte au VIH/sida est devenue, de façon croissante, un moyen de lutter contre les obstacles juridiques, traditionnels ou religieux d’un État à la mise en place d’une protection juridique égale à tous. Mais nonobstant ces progrès, des pans de la population mondiale restent très vulnérables face à l’infection. L’histoire du VIH autant scientifique que juridique n’est donc pas terminée / The scientific development of HIV/AIDS cannot be told without its legal aspect. Indeed, the pandemic has raised many questions in terms of law, which led to the adoption of numerous legislations. Thus, the "serophobia", result of the powerlessness of medicine and science regarding this disease that seemed inexorable and of the fear due to the uncertainty about its origins and prophylaxis, has been followed by drastic reactions and an anathema thrown on certain populations. However, this medical scourge, that also became a social one, has permitted to fight against some injustices. Indeed, while since the nineteenth century, the response to an epidemic was very authoritarian, HIV/AIDS has changed the game and introduced a new concept of control of the latter, different from the classic design. A new perspective consisting of a more global thinking, was then introduced. From this, the respect for individual rights was no longer regarded as being contrary to public interest, but as a necessary element of public health. Therefore, after having been a Pandora's box for human rights violations, the response to HIV/AIDS has become, increasingly, a way to fight against the legal, traditional or religious national obstacles to the implementation of a legal protection equal to all. But despite this progress, some populations remain highly vulnerable to the infection. Thus, the scientific and legal story of HIV is far from over

Resumé This thesis, dealing with rights of a child and duties of a parent, is based on the fact that it is primarily the parents who have to fulfill their duties towards children while a child has primarily the right that a parent fulfills duties towards him. This condition is justified by the fact that children are in relation to adults, in this thesis towards parents, traditionally considered as a weaker "element". Because of that, the attention is firstly paid to the rights of a child in a wider context. In the very beginning we take into consideration a historical context of the child's rights development that shows the contrast between a premodern period when a child was considered as almost powerless and without rights and a "progressive " 20th century when a lot of international documents concentrate solely on rights of a child. As a follow-up to the child's rights development, the attention is aimed on explanation of the terms "best interests of the child" and "child's welfare". The thesis also deals with participatory rights in relation to the law court and in relation towards parents. Because the role of a family is very important in a development and education of a child, the thesis also focuses on juridical protection of the family and explains the term "family" in the European system of the...