Ce mémoire concerne le droit de l'immigration. Il s'agit des étrangers visés d'une mesure de renvoi malgré le fait qu'ils aient des liens familiaux au Canada. L'affaire Baker, de la Cour suprême du Canada, est notre point de référence puisqu'elle prône, entre autres, le respect de l'intérêt supérieur de l'enfant en matière d'immigration. À partir de cette affirmation et de la pratique législative et jurisprudentielle qui s'en est suivie, arriverait-on un jour à reconnaître la protection du droit de l'étranger à mener une vie familiale normale comme il se fait en Europe ? Ce chemin lui serait-il accessible ? Ce projet vise à démontrer cette évolution juridique qui pourrait survenir au Canada dans le cadre d'un plus grand respect des droits fondamentaux de la personne. / This thesis relates to the right of immigration. It concems aliens who are aimed with a removal order in spite of the fact that they have family bonds in Canada. The Baker case, of the Supreme Court of Canada, is our point of reference since it preaches, inter alia, the respect of the best interest of the child as regards to immigration. Starting from this assertion and legislative & jurisprudential practices that followed from the case, would one arrive one day at recognizing to every migrant the right to a normal family life like it is done in Europe? Would this path be accessible? This project aims at showing this legal evolution that could occur in Canada within the framework of a larger respect of the fundamental human rights. / "Mémoire présenté à la Faculté des études supérieures en vue de l'obtention du grade de maître en droit option droit international"

The purpose of this study was to explore if and how the Swedish Supreme Court are using the concept “the child’s best interest”. This concept is used a lot in Swedish legislation, but it needs interpretation every time it´s used and is often perceived as unclear. This makes it interesting to see how this affects the individual child´s legal rights. Furthermore I want to see if the Supreme Court listen to the child´s own opinion and if not, are there any justifications to why not. The study has a quantitative starting point, where I have gone through a number of judgments and then chosen seven out of a qualitative point where there has been a discussion from the Supreme Court around the individual and the best interest of the child for the individual child and the methods of analysis used in this study are social constructionism, legal sociology and analysis of the idea. The study shows a lack of consistency among the professionals of what the concept really stands for, which negatively affects the legal rights for the individual child. The solution is a closer collaboration between social workers, judges and lawyers to make the concept clearer and more applicable.

Section 29(1) of the Constitution of the Republic of South Africa, 1996 states that everyone has the right to basic education. ―Everyone‖ includes disabled learners. The purpose of this study is to determine to what extent the state complies with its constitutional and international obligations to realise disabled learners‘ right to basic education. To reach the purpose firstly it has to be ascertained which legislation apply to disabled learners (whether direct or indirect) and how this legislation define disability (Chapter 2). Secondly the relevant constitutional sections have to be investigated. Sections 9, 28, 29 and 36 of the Constitution will be examined in particular. The purpose of the investigation of the constitutional sections is to determine what basic education entails and if there is a uniform definition thereof. Paired with the right to education, the meaning of inclusive education has to be determined and to what extent the state realises this (Chapter 3). A further purpose with the investigation of the constitutional provisions is to determine whether there is an infringement of disabled learners‘ right to equality and whether the possible infringements of the right to education and equality can be justified by the state (Chapter 4). Thirdly, the state‘s international obligations with regard to disabled learners‘ right to education and equality has to be investigated (Chapter 5) before reaching a conclusion as to what extent the state complies with its constitutional and international obligations to realize disabled children‘s right to basic education (Chapter 6). Disabled children‘s need for basic education has led to the research question. quality, process quality, manufacturing process flow, principles of quality, factor analysis, multiple regression. / Thesis (LLM)--North-West University, Potchefstroom Campus, 2013.

Section 29(1) of the Constitution of the Republic of South Africa, 1996 states that everyone has the right to basic education. ―Everyone‖ includes disabled learners. The purpose of this study is to determine to what extent the state complies with its constitutional and international obligations to realise disabled learners‘ right to basic education. To reach the purpose firstly it has to be ascertained which legislation apply to disabled learners (whether direct or indirect) and how this legislation define disability (Chapter 2). Secondly the relevant constitutional sections have to be investigated. Sections 9, 28, 29 and 36 of the Constitution will be examined in particular. The purpose of the investigation of the constitutional sections is to determine what basic education entails and if there is a uniform definition thereof. Paired with the right to education, the meaning of inclusive education has to be determined and to what extent the state realises this (Chapter 3). A further purpose with the investigation of the constitutional provisions is to determine whether there is an infringement of disabled learners‘ right to equality and whether the possible infringements of the right to education and equality can be justified by the state (Chapter 4). Thirdly, the state‘s international obligations with regard to disabled learners‘ right to education and equality has to be investigated (Chapter 5) before reaching a conclusion as to what extent the state complies with its constitutional and international obligations to realize disabled children‘s right to basic education (Chapter 6). Disabled children‘s need for basic education has led to the research question. quality, process quality, manufacturing process flow, principles of quality, factor analysis, multiple regression. / Thesis (LLM)--North-West University, Potchefstroom Campus, 2013.

Informed consent presents interesting legal and ethical challenges that have been widely discussed both in Czech and foreign literature. Significant portion of the literature is concerned with a relationship between doctors and their patients and with the historical development of this relationship or with the principle of autonomy as one of the fundamental principles in the area of healthcare provision. Issues related to informed consent of minors or persons with limited legal capacity are often given only small amount of scholarly attention. It is for this reason that this diploma thesis deals solely with the issues related to the health care provided to minors and persons with limited legal capacity. The aim of this thesis is to create an integrated overview of the law regulating informed consent of these persons, to introduce the most important changes that have been made in recent years by the Act on Health Services and Conditions of Their Provision and by the Civil Code, and finally to add some of my reflections on selected issues which I find particularly problematic. The sixth chapter of the thesis focuses on a comparison between the Czech law and the English common law regulating informed consent of minors and persons with limited legal capacity. The issues of informed consent is an...

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A subject of this diploma paper is to follow practise of putting children into alternative family care. The key method of finding answers is analysis of interviews with social workers and a worker of socially legal protection of children, and content analysis of texts and documents connected with the issue of alternative family care. The paper examines the role of social workers in the process of putting applicants into register for any form of alternative family care and workers' influence in forming such a process. The aim is to focus on social workers' activity analysis and to discover in which moments and in which ways ideological and normative settings of social workers might affect practice of putting children into alternative family care. One of the points of activity analysis is description of social workers' fulfilment of a concept - the best interest of a child and family. The paper is looking for the answer to what extent and in which moments normative ideas of family and topics family related might affect putting or not putting a child into a particular applicant's care.

Child protection is one of the most demanding fields of social protection and requires comprehensive solutions which have a major impact on the lives of children and their families. It also includes the agenda of parental conflicts and related child custody proceedings. The thesis deals with the practice of child protection social workers at the municipal authorities with extended powers in the Czech Republic in solving parental disputes. The theoretical part introduces legal, educational and competence framework of child protection and sets it into the context of specific aspects and pitfalls associated with the profession and approach of child protection social workers to solving parental conflicts. It also provides recommendations on how to solve parental conflicts followed by a case study of child protection department at the Prague 8 Municipality District Authority. It identifies attributes of best practice that contribute to the best interests of the child, including participation of families, multidisciplinary cooperation, transparency of processes and neutrality, professionalism and reflexivity of child protection social workers. The empirical part focuses on the understanding of working conditions and attitudes of child protection social workers at the municipal authorities with extended...

The thesis deals with the ethical principles of multidisciplinary cooperation with family at the case conferences of social and legal protection of children. The objective was to establish the essential ethical criteria for using the partnership approach and paternalism in social work with family on the example of the case conferences of Authority for Social and Legal Protection of Children and submit critical reflection of practice of conferences in light of ethical principles. Keywords Social work, family, ethical principles, multidisciplinary cooperation, case conference, best interest of the child, paternalism, partnership approach

Child protection is one of the most demanding fields of social protection and requires comprehensive solutions which have a major impact on the lives of children and their families. It also includes the agenda of parental conflicts and related child custody proceedings. This thesis focuses on the practice of Czech social workers operating in the field of child protection at the municipal authorities with extended powers and on their approaches used to resolve parental disputes. The theoretical part is based on the conceptualization of practice from the perspective of a dynamic model of practice by Karen Healy, which builds on the interaction of several contexts, i.e. institutional contexts, formal professional base of social work, service users and their communities and framework for practice, and surveys them with regard to the agenda of parental disputes in detail. The empirical part aims to identify the variability of approaches used by Czech social workers operating in the field of child protection to resolve parental disputes. The research combines both qualitative and quantitative methodology and identifies a typology of defensive practice, reflexive practice, and intuitive practice. Individual types differ in the attitudes the child protection social workers express towards recognized...