This document provides a comparison of child protection laws between Indonesia and Malaysia. It discusses similarities and differences in definitions of a child, age limits, family laws regarding marriage and divorce, and principles of child protection. Both countries define a child as under 18 years old and specify responsibilities of parents and the state to protect children. However, Malaysia's child protection laws are more consolidated in the Children Act of 2001, while Indonesia's laws are scattered across several statutes related to children, marriage, and family.
Adopting a Right-Based Approach with Children ofParents with Mental Illnessch_bedeaux
This presentation will give a short introduction to a Human Rights-Based approach (RHBA) and discuss its potential value for children of parents with mental illness and their parents. The first part will define what a HRBA is and explain what are some of its principles. Secondly, the application of a HRBA in the specific context of mental health will be briefly discussed in reference to the UN Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care (1991) and to the UN Convention on the Rights of Persons with Disabilities (2006). Thirdly, the presentation will move on to the rights of children, as supported by the UN Conventions on the Rights of the Child (UNCRC) (1989), and their implications for children of parents with mental illness. This will constitute the main part of the presentation as the articles from the UNCRC that are most relevant to children of parents with mental illness will be briefly presented along with their implications in the context of services and programs offered to families in which a parent has a mental illness. The presentation will end with some concluding comments and implications, as well as some examples of applications, such as Charters of Rights. A discussion will follow on the relevance and benefits of a HRBA for children of parents with mental illness and on ways in which services and programmes could or should be adapted or changed in order to incorporate the principles of a HRBA.
Child abuse malaysian medical student 2012 13Habrol Afzam
The document discusses various types and causes of child abuse in Malaysia such as neonaticide, infanticide, and euthanasia of handicapped children. It also provides statistics on child abuse in Malaysia and details risk factors for abuse including parental characteristics like substance abuse, family dynamics like domestic violence, and environmental factors like poverty. The document outlines signs and symptoms of different types of child abuse that medical professionals should look for during physical examinations of suspected abused children.
This document is the Law Reform (Marriage and Divorce) Act 1976 of Malaysia. It provides the legislation around marriage and divorce in Malaysia. Some key points:
- It establishes monogamous marriages as the only recognized form of marriage in Malaysia.
- It sets out the requirements and procedures for solemnizing and registering marriages in Malaysia, including provisions around notice, consent, restrictions, and registration.
- It reforms and consolidates the laws around divorce in Malaysia, establishing irretrievable breakdown of marriage as the sole grounds for divorce and outlining the divorce process and effects.
- It also covers ancillary matters around marriage and divorce such as judicial separation, nullity, maintenance, custody of
A Comparison of Child Protection Law between Indonesia and Malaysiaiosrjce
This paper aims to compare child protection law between Indonesia and Malaysia especially in
terms of family law (marriage), child definition and age limit, as well as other foundational principles. Content
analysis method of a variety of relevant references is used and a comparative approach to child protection law
in Indonesia and Malaysia is taken. There are many similarities between child protection law in Malaysia and
Indonesia, in which both systems specify the state, family, and parents responsibilities towards children. Also
specified are handling of child’s position, guardianship, rearing, adoption, religion, and abandonment. In
addition, special protection such as maintenance, recovery, custody, care, investigation, nursing, education,
prevention of economic exploitation, prevention of sexual abuse, prevention of child torture, and disability
treatment are also included. This paper concludes that in Malaysia child protection law has been fully
synthesised in Children Act of 2001 (Act 611), while in Indonesia child protection law is scattered in a number
of laws related to children including the Child Protection Law.
This document discusses the legal status of children born out of wedlock in Indonesia, with a focus on their inheritance rights. It provides background on international agreements regarding children's rights and Indonesia's laws. It summarizes the ruling of the Indonesian Constitutional Court in 2010 that established children born out of wedlock have the right to inherit from both their mother and biological father if paternity can be proven. The document also discusses classical Islamic law perspectives on children born out of wedlock and inheritance, noting a lack of evidence was the reason they could not inherit from fathers, but modern DNA testing changes this. It argues children's rights and justice should be the priority based on the objectives (maqasid) of Islamic law.
Legal Arrangements Regarding the Adoption of Children in Indonesiainventionjournals
The adoption of a child to be one way to get custody of the child. Indonesian law gives freedom to every citizen of both Indonesian citizens and foreign nationals to adopt a child to meet all the applicable procedures in order to ensure the survival of children and prevent children from the loss of the future.
Legislative provision with Respect to Child Labourijtsrd
From several decades, legislation of India has tried to control and regulate labour. For several decades in India, laws exist to regulate and control to child labour. The main concern of the legislation was to regulate working hours for children, to prescribe the lowest age limit for working of children, to ensure the life, health of the child workers, and to restrict the working of children in dangerous work. Child Labour legislations are which restrict the working of children below the age group of 14 years and 15 years in some of the prescribed occupations. In absence of provisions to resolve the problem and due to lack of political will, the number of child labour in total labour force of the Nation is keeping on increasing. Since, 1881, an oversized numbers of laws were enacted that gives the legal protection to the operating youngsters. The Child Pledging of Labour Act, 1933 followed by the Employment of Child Act, 1986. Various recommendations given by a series of Commissions and because of which Child Labour Prohibition and Regulation Act, 1986 enacted. Meenu ""Legislative provision with Respect to Child Labour"" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-3 | Issue-3 , April 2019, URL: https://www.ijtsrd.com/papers/ijtsrd23518.pdf
Paper URL: https://www.ijtsrd.com/humanities-and-the-arts/other/23518/legislative-provision-with-respect-to-child-labour/meenu
A Quest for Marriage Guardian: Portraying Double Law on Children of Adultery ...QUESTJOURNAL
ABSTRACT: This study aims to portray double (Islamic and Court) law on the legal status of children of adultery, and its consequence on determination of the marriage guardian. A quest for the debatable issue of the term ‘children out of marriage’ is addressed by using textual and contextual impetus of the double law, since it has resulted in contested queries among Muslims (and non-Muslim) in Indonesia to determine if the legal status of marriage will have possible consequences on possession of the civil rights and obligations. By using multiIslamic-schools (mazhabiyah) and social advantages (mashlahah) as methodological gate, this study attempts to make a question of the central position of the Court Law 46/PUU-VIII/2010 on Marriage and of the need to prioritize the basic principles of maqashidsyariah as a theological-social commandment for Muslims in Indonesia. The possible implication of this study is that a judicial amendment for the Law on Marriage is needed to make sure a possible way out of the contested legal status of children of adultery in Indonesia.
Adopting a Right-Based Approach with Children ofParents with Mental Illnessch_bedeaux
This presentation will give a short introduction to a Human Rights-Based approach (RHBA) and discuss its potential value for children of parents with mental illness and their parents. The first part will define what a HRBA is and explain what are some of its principles. Secondly, the application of a HRBA in the specific context of mental health will be briefly discussed in reference to the UN Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care (1991) and to the UN Convention on the Rights of Persons with Disabilities (2006). Thirdly, the presentation will move on to the rights of children, as supported by the UN Conventions on the Rights of the Child (UNCRC) (1989), and their implications for children of parents with mental illness. This will constitute the main part of the presentation as the articles from the UNCRC that are most relevant to children of parents with mental illness will be briefly presented along with their implications in the context of services and programs offered to families in which a parent has a mental illness. The presentation will end with some concluding comments and implications, as well as some examples of applications, such as Charters of Rights. A discussion will follow on the relevance and benefits of a HRBA for children of parents with mental illness and on ways in which services and programmes could or should be adapted or changed in order to incorporate the principles of a HRBA.
Child abuse malaysian medical student 2012 13Habrol Afzam
The document discusses various types and causes of child abuse in Malaysia such as neonaticide, infanticide, and euthanasia of handicapped children. It also provides statistics on child abuse in Malaysia and details risk factors for abuse including parental characteristics like substance abuse, family dynamics like domestic violence, and environmental factors like poverty. The document outlines signs and symptoms of different types of child abuse that medical professionals should look for during physical examinations of suspected abused children.
This document is the Law Reform (Marriage and Divorce) Act 1976 of Malaysia. It provides the legislation around marriage and divorce in Malaysia. Some key points:
- It establishes monogamous marriages as the only recognized form of marriage in Malaysia.
- It sets out the requirements and procedures for solemnizing and registering marriages in Malaysia, including provisions around notice, consent, restrictions, and registration.
- It reforms and consolidates the laws around divorce in Malaysia, establishing irretrievable breakdown of marriage as the sole grounds for divorce and outlining the divorce process and effects.
- It also covers ancillary matters around marriage and divorce such as judicial separation, nullity, maintenance, custody of
A Comparison of Child Protection Law between Indonesia and Malaysiaiosrjce
This paper aims to compare child protection law between Indonesia and Malaysia especially in
terms of family law (marriage), child definition and age limit, as well as other foundational principles. Content
analysis method of a variety of relevant references is used and a comparative approach to child protection law
in Indonesia and Malaysia is taken. There are many similarities between child protection law in Malaysia and
Indonesia, in which both systems specify the state, family, and parents responsibilities towards children. Also
specified are handling of child’s position, guardianship, rearing, adoption, religion, and abandonment. In
addition, special protection such as maintenance, recovery, custody, care, investigation, nursing, education,
prevention of economic exploitation, prevention of sexual abuse, prevention of child torture, and disability
treatment are also included. This paper concludes that in Malaysia child protection law has been fully
synthesised in Children Act of 2001 (Act 611), while in Indonesia child protection law is scattered in a number
of laws related to children including the Child Protection Law.
This document discusses the legal status of children born out of wedlock in Indonesia, with a focus on their inheritance rights. It provides background on international agreements regarding children's rights and Indonesia's laws. It summarizes the ruling of the Indonesian Constitutional Court in 2010 that established children born out of wedlock have the right to inherit from both their mother and biological father if paternity can be proven. The document also discusses classical Islamic law perspectives on children born out of wedlock and inheritance, noting a lack of evidence was the reason they could not inherit from fathers, but modern DNA testing changes this. It argues children's rights and justice should be the priority based on the objectives (maqasid) of Islamic law.
Legal Arrangements Regarding the Adoption of Children in Indonesiainventionjournals
The adoption of a child to be one way to get custody of the child. Indonesian law gives freedom to every citizen of both Indonesian citizens and foreign nationals to adopt a child to meet all the applicable procedures in order to ensure the survival of children and prevent children from the loss of the future.
Legislative provision with Respect to Child Labourijtsrd
From several decades, legislation of India has tried to control and regulate labour. For several decades in India, laws exist to regulate and control to child labour. The main concern of the legislation was to regulate working hours for children, to prescribe the lowest age limit for working of children, to ensure the life, health of the child workers, and to restrict the working of children in dangerous work. Child Labour legislations are which restrict the working of children below the age group of 14 years and 15 years in some of the prescribed occupations. In absence of provisions to resolve the problem and due to lack of political will, the number of child labour in total labour force of the Nation is keeping on increasing. Since, 1881, an oversized numbers of laws were enacted that gives the legal protection to the operating youngsters. The Child Pledging of Labour Act, 1933 followed by the Employment of Child Act, 1986. Various recommendations given by a series of Commissions and because of which Child Labour Prohibition and Regulation Act, 1986 enacted. Meenu ""Legislative provision with Respect to Child Labour"" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-3 | Issue-3 , April 2019, URL: https://www.ijtsrd.com/papers/ijtsrd23518.pdf
Paper URL: https://www.ijtsrd.com/humanities-and-the-arts/other/23518/legislative-provision-with-respect-to-child-labour/meenu
A Quest for Marriage Guardian: Portraying Double Law on Children of Adultery ...QUESTJOURNAL
ABSTRACT: This study aims to portray double (Islamic and Court) law on the legal status of children of adultery, and its consequence on determination of the marriage guardian. A quest for the debatable issue of the term ‘children out of marriage’ is addressed by using textual and contextual impetus of the double law, since it has resulted in contested queries among Muslims (and non-Muslim) in Indonesia to determine if the legal status of marriage will have possible consequences on possession of the civil rights and obligations. By using multiIslamic-schools (mazhabiyah) and social advantages (mashlahah) as methodological gate, this study attempts to make a question of the central position of the Court Law 46/PUU-VIII/2010 on Marriage and of the need to prioritize the basic principles of maqashidsyariah as a theological-social commandment for Muslims in Indonesia. The possible implication of this study is that a judicial amendment for the Law on Marriage is needed to make sure a possible way out of the contested legal status of children of adultery in Indonesia.
Effective Protection of Muslim Women under Family Law in Iran and IndiaAMU
This document discusses family laws in Iran and India as they relate to Muslim women's rights. It notes that Muslim women face discrimination under these laws, including minimum marriage ages, need for guardian permission to marry, polygamy, lack of women's autonomy, inheritance discrimination, and lack of domestic violence laws. Both Iran and India have laws that restrict Muslim women's rights in marriage and personal freedoms. The document argues that reforms are needed to these family laws to better protect Muslim women's rights and empower them to have equal status as men.
The document discusses the issue of parental rights regarding home schooling. It outlines John Locke's argument that education is primarily a parental right rather than a state right. The US Supreme Court has upheld the basic parental right to educate children at home. However, some court cases created confusion about this right. Ultimately, the Supreme Court has ruled that states cannot infringe on parental religious convictions regarding education. The document argues that home schooling allows families to instill virtues and morality while public schools face issues like bullying. It also discusses home schooling practices in Australia related to rural isolation.
This document discusses establishing the "best interests of the child" principle as an international custom. It begins by defining the principle and how it was codified in the UN Convention on the Rights of the Child. It then analyzes whether the principle has become customary international law by examining its widespread acceptance and application by states. The document aims to show that treating the principle as customary law would strengthen protections for children by binding all states to consider children's best interests.
The document discusses child custody in divorce proceedings in India. It outlines the factors courts consider in determining custody, including the emotional and physical environment of the child, safety, health of parents, and preference of the child. Courts aim to promote the welfare and best interests of the child. Custody can be granted to either parent and may change over time based on new circumstances to continue serving the child's welfare. Religions in India have their own laws regarding custody but ultimately the courts determine arrangements based on the child's needs.
The document traces the history and development of early childhood special education from Jean-Marc Itard's work in 1800 to modern trends. Key developments include Jean Piaget's theories of child development, the establishment of Project Head Start in 1965, and passage of laws like the Individuals with Disabilities Education Act to protect and provide for children with special needs. Current trends emphasize family-centered care, inclusion, evidence-based practices, and focusing on positive child and family outcomes.
The State of Child Rights in Nigeria Twenty Years After the Emergence of the ...AJHSSR Journal
After 20 years since the passage of the Child Rights Act of 2003 in Nigeria, there has been little meaningful progress in protecting children's rights. Key issues like child labor, trafficking, marriage, and access to education remain serious problems. The act was meant to enshrine children's rights in line with the UN Convention on the Rights of the Child, but implementation and enforcement of the law have been ineffective. Many of the challenges to children that existed before the passage of the act, such as poor access to education, child labor, and lack of protection from exploitation, are still prevalent issues today according to reports and statistics. More work is still needed to realize the goals of the Child Rights Act and uphold children's welfare in Nigeria.
Advances in Children’s Rights and Children’s Well-BeingMeasu.docxcoubroughcosta
Advances in Children’s Rights and Children’s Well-Being
Measurement: Implications for School Psychologists
Hanita Kosher
Hebrew University of Jerusalem
Xu Jiang
University of South Carolina
Asher Ben-Arieh
Hebrew University of Jerusalem
E. Scott Huebner
University of South Carolina
Recent years have brought important changes to the profession of school psychology,
influenced by larger social, scientific, and political trends. These trends include the
emergence of children’s rights agenda and advances in children’s well-being measure-
ment. During these years, a growing public attention and commitment to the notion of
children’s rights has developed, which is best expressed in the United Nations Con-
vention on the Rights of the Child. The Convention outlines the conditions necessary
to ensure and promote children’s well-being and calls for the ongoing monitoring of
children’s well-being for accountability purposes. We articulate advances in children’s
rights and children’s well-being measurement in the context of children’s schooling
experiences in general and for school psychology in particular. We highlight implica-
tions for the assessment roles of school psychologists, who occupy a unique position at
the intersection of multiple subsystems of children’s overall ecosystems. We argue that
the synergy between a rights-based agenda and advances in children’s well-being
assessment methodology can provide valuable opportunities for school psychology.
This synergy can help school communities establish perspective and goals for chil-
dren’s well-being in rights respecting ways, using the most promising well-being
assessment strategies.
Keywords: children’s rights, United Nations Convention on Children’s Rights, child well-being,
subjective well-being, school psychology
Over the past several decades, growing pub-
lic attention to the notion of children’s rights
has emerged, along with a greater commitment
of responsibility to children’s care and develop-
ment to ensure that their rights are upheld (Pe-
terson-Badali, Morine, Ruck, & Slonim, 2004).
Additionally, the science of children’s well-
being, including the measurement of children’s
well-being, has also experienced considerable
growth (Ben-Arieh, 2008; Huebner & Hills,
2013). The overarching purpose of this article is
to articulate those advances in children’s rights
and children’s well-being measurement, partic-
ularly in the contexts of children’s schooling in
general and international school psychology in
particular. In recognition of the 25th anniver-
sary of the United Nations Convention on the
Rights of the Child (1989; hereinafter referred
to as the Convention) in 2014, this article rep-
resents one in a series of eight articles that has
been organized through the cooperation of the
editors of six premier national and international
school psychology-related journals (Journal of
Educational and Psychological Consultation,
Journal of School Psychology, Psychology in
the Schools,.
History
Islam
Other religions
Definition of child
Quran and Sunnah
Good name
Love and Care
Respect of child
Equality without discrimination
Preference for girls
Provision of basic needs
Education and training
Example
References
this material contains understanding related to juvenile justice system in Nepal's context . further it collaborate with domestic and international convention.
A Review of the History and Theories Surrounding the Concept of Children’s Ri...AkashSharma618775
Children’s rights as set out in national and international instruments outline the fundamental obligations
of society that are essential in meeting the needs of children. In Nigeria, the policies on the rights of children and
young persons have been guided by the principles set out in the United Nations Convention on the Rights of the
Child and the African Charter on the Rights and Welfare of the Child, as well as those in the Child’s Rights Act of
2003. Despite this, there are still challenges to the protection of children’s rights. Using a doctrinal methodology,
the paper examines the history of the development of children’s rights before discussing some of the theories and
approaches to children’s rights. The paper considers that the concept of children’s rights has been appreciated in
Nigeria, as children are recognised as an important part of the society. However, there are differences from the
western concept of children’s rights as well as societal issues which may lead to challenges in the acceptance and
implementation of internationally recognised standards. Ultimately, to make children’s rights a reality, the existing
theories need to be merged with the unique cultural norms in Nigeria.
This document provides a summary of the history of adoption policies in Honduras, Mexico, and the United States. It discusses how adoption has been defined over time by various organizations and governments. Intercountry adoption grew in the mid-20th century due to events like WWII, and this led to a need for international legal standards. Key policies and conventions discussed include the Hague Adoption Convention, the UN Convention on the Rights of the Child, and US adoption laws. The document outlines the evolving definitions and policies around adoption over time in order to understand the current state of intercountry adoption between these countries.
Inheritance of a Daughter - An Analysis Based on Islam & Laws Prevalent in Pa...Muhammad Siddiq
This document analyzes the inheritance rights of daughters in Islam and Pakistani law. It discusses:
1) How Islam was one of the first religions to emphasize women's inheritance rights, including specifying daughters' shares in the Quran.
2) Differences between Shia and Sunni jurisprudence in distributing inheritance, with Shia law generally providing better protection of daughters' shares.
3) Pakistan's international legal obligations to ensure equal property rights for women from treaties it has ratified.
4) Pakistan's legal framework, including statutes, court rulings, and constitutional provisions, that aim to protect daughters' inheritance, though implementation has been inconsistent.
Careers australia activity one whs question 4Bluecare
Noise factors in the work place.Decibel (dB) is the unit for measuring sound levels.
Exposure standard for noise is defined in the WHS Regulations as an LAeq,8h of 85 dB(A) or an
LC,peak of 140 dB(C). There are two parts to the exposure standard for noise because noise can
either cause gradual hearing loss over a period of time or be so loud that it causes immediate
hearing loss.
LAeq,8h means the eight hour equivalent continuous A-weighted sound pressure level in decibels,
referenced to 20 micropascals, determined in accordance with AS/NZS 1269.1. This is related to
the total amount of noise energy a person is exposed to in the course of their working day. It takes
account of both the noise level and the length of time the person is exposed to it. An unacceptable
risk of hearing loss occurs at LAeq,8h values above 85 dB(A).
LC,peak means the C-weighted peak sound pressure level in decibels, referenced to 20
micropascals, determined in accordance with AS/NZS 1269.1. It usually relates to loud, sudden
noises such as a gunshot or hammering. LC,peak values above 140 dB(C) can cause immediate
damage to hearing.
Study of Family’s Role in Their Children’s Training From the Perspective of t...inventionjournals
Humanization and reaching to the ultimate perfection is all thanks to proper upbringing. Different genetic and environmental factors effect on child training meanwhile, the family is the most fundamental institution for raising children. Family environment both in terms of priority (time and location) and priority (the quality of effect) is the most important environments that can provide a suitable ground for the child's physical and spiritual talent. However, one of the elements that can be very effective in educating children by family is the prospective of holy Quran for children’s education. So in this study, the family’s role in their children’s training from the perspective of the holy Quran has been studied. The research method is library and documentary. The results of the research showed that from the prospective of Quran, family institution while being a social institution it is an ethical, moral and juridical institution that law and Ethics are intertwined in its field and kindness and love govern on its relationship. According to the holy Quran verses, in studying the family institution, it’s all aspects must be studied and avoid from studying it from only one dimension. In the current situation, all who care about communities are trying to find basic strategies for maintaining families ‘health and base solidity and control the present crisis situation by presenting these strategies to community and decrease tension and crises in community and in this context it is necessary to return to the true culture of Islam in our society, a religion that has the most respect to the family and its sublimity and know this sacred institution as a training center and a love and mercy institution.
Social discourse of parenting in Finland 7.3.2016Pasi Kumpulainen
This is renewed lecture about social discourse of parenting in Finland, 7th of March 2016 in international intensive course at Satakunta University of Applied Sciences
Business Paper Do I Underline The Title Of My EssayJulie Morales
The document provides instructions for creating an account and submitting assignment requests on the HelpWriting.net website. It outlines a 5-step process: 1) Create an account with an email and password. 2) Complete an order form with instructions, sources, and deadline. 3) Writers will bid on the request and the client chooses a writer. 4) The client reviews the paper and pays upon approval. 5) The client can request revisions until satisfied.
The document discusses Article 27 of the UN Convention on the Rights of the Child, which establishes that every child has the right to a standard of living adequate for their physical, mental, spiritual, moral, and social development. It states that standard of living refers to family living conditions rather than income alone. Governments should ensure even poor families have access to basic necessities. The article also examines factors related to children's physical, mental, social, moral and spiritual development.
This document discusses sexuality and marriage in Islam based on a presentation given in Nigeria. It begins by defining key terms like sexuality, sexuality education, and family life education. It then examines the Islamic concept of marriage, including the rights of women in marriage according to the Quran and hadith. These rights include education, choosing a husband, humane treatment, economic rights like owning property and receiving a dowry, and legal rights like maintenance from her husband. However, the reality for many Muslim women does not match these rights in practice due to factors like poverty and male domination interpreting women's roles.
Juvenile justice in India ppt prepared by Rajashree J Jawalesundarsasane
- Children in India constitute about 35% of the total population and face many vulnerabilities. The document discusses the problems faced by children in India, international conventions on children's rights, and the juvenile justice system in India.
- Key legislation discussed includes the Juvenile Justice Act 2000 and 2014, which established a system for dealing with children in conflict with the law as well as those in need of care and protection.
- There is an ongoing debate around the treatment of 16-18 year olds who commit serious crimes, with some arguing they should be tried as adults, while others believe a rehabilitative juvenile justice approach is most appropriate.
This document provides a summary of a research monograph on the family law of Bangladesh and its consequences. It discusses how family courts were established in Bangladesh to quickly and effectively resolve family matters, but have not fully achieved this goal due to various social, procedural, and substantive issues. It examines issues around masculinity and religious beliefs impacting judicial rulings on family law. Specific areas of family law discussed include marriage, divorce, maintenance, child custody, and how courts have attempted to interpret laws in a way that promotes greater equality and justice, especially for women.
Abnormalities of hormones and inflammatory cytokines in women affected with p...Alexander Decker
Women with polycystic ovary syndrome (PCOS) have elevated levels of hormones like luteinizing hormone and testosterone, as well as higher levels of insulin and insulin resistance compared to healthy women. They also have increased levels of inflammatory markers like C-reactive protein, interleukin-6, and leptin. This study found these abnormalities in the hormones and inflammatory cytokines of women with PCOS ages 23-40, indicating that hormone imbalances associated with insulin resistance and elevated inflammatory markers may worsen infertility in women with PCOS.
Effective Protection of Muslim Women under Family Law in Iran and IndiaAMU
This document discusses family laws in Iran and India as they relate to Muslim women's rights. It notes that Muslim women face discrimination under these laws, including minimum marriage ages, need for guardian permission to marry, polygamy, lack of women's autonomy, inheritance discrimination, and lack of domestic violence laws. Both Iran and India have laws that restrict Muslim women's rights in marriage and personal freedoms. The document argues that reforms are needed to these family laws to better protect Muslim women's rights and empower them to have equal status as men.
The document discusses the issue of parental rights regarding home schooling. It outlines John Locke's argument that education is primarily a parental right rather than a state right. The US Supreme Court has upheld the basic parental right to educate children at home. However, some court cases created confusion about this right. Ultimately, the Supreme Court has ruled that states cannot infringe on parental religious convictions regarding education. The document argues that home schooling allows families to instill virtues and morality while public schools face issues like bullying. It also discusses home schooling practices in Australia related to rural isolation.
This document discusses establishing the "best interests of the child" principle as an international custom. It begins by defining the principle and how it was codified in the UN Convention on the Rights of the Child. It then analyzes whether the principle has become customary international law by examining its widespread acceptance and application by states. The document aims to show that treating the principle as customary law would strengthen protections for children by binding all states to consider children's best interests.
The document discusses child custody in divorce proceedings in India. It outlines the factors courts consider in determining custody, including the emotional and physical environment of the child, safety, health of parents, and preference of the child. Courts aim to promote the welfare and best interests of the child. Custody can be granted to either parent and may change over time based on new circumstances to continue serving the child's welfare. Religions in India have their own laws regarding custody but ultimately the courts determine arrangements based on the child's needs.
The document traces the history and development of early childhood special education from Jean-Marc Itard's work in 1800 to modern trends. Key developments include Jean Piaget's theories of child development, the establishment of Project Head Start in 1965, and passage of laws like the Individuals with Disabilities Education Act to protect and provide for children with special needs. Current trends emphasize family-centered care, inclusion, evidence-based practices, and focusing on positive child and family outcomes.
The State of Child Rights in Nigeria Twenty Years After the Emergence of the ...AJHSSR Journal
After 20 years since the passage of the Child Rights Act of 2003 in Nigeria, there has been little meaningful progress in protecting children's rights. Key issues like child labor, trafficking, marriage, and access to education remain serious problems. The act was meant to enshrine children's rights in line with the UN Convention on the Rights of the Child, but implementation and enforcement of the law have been ineffective. Many of the challenges to children that existed before the passage of the act, such as poor access to education, child labor, and lack of protection from exploitation, are still prevalent issues today according to reports and statistics. More work is still needed to realize the goals of the Child Rights Act and uphold children's welfare in Nigeria.
Advances in Children’s Rights and Children’s Well-BeingMeasu.docxcoubroughcosta
Advances in Children’s Rights and Children’s Well-Being
Measurement: Implications for School Psychologists
Hanita Kosher
Hebrew University of Jerusalem
Xu Jiang
University of South Carolina
Asher Ben-Arieh
Hebrew University of Jerusalem
E. Scott Huebner
University of South Carolina
Recent years have brought important changes to the profession of school psychology,
influenced by larger social, scientific, and political trends. These trends include the
emergence of children’s rights agenda and advances in children’s well-being measure-
ment. During these years, a growing public attention and commitment to the notion of
children’s rights has developed, which is best expressed in the United Nations Con-
vention on the Rights of the Child. The Convention outlines the conditions necessary
to ensure and promote children’s well-being and calls for the ongoing monitoring of
children’s well-being for accountability purposes. We articulate advances in children’s
rights and children’s well-being measurement in the context of children’s schooling
experiences in general and for school psychology in particular. We highlight implica-
tions for the assessment roles of school psychologists, who occupy a unique position at
the intersection of multiple subsystems of children’s overall ecosystems. We argue that
the synergy between a rights-based agenda and advances in children’s well-being
assessment methodology can provide valuable opportunities for school psychology.
This synergy can help school communities establish perspective and goals for chil-
dren’s well-being in rights respecting ways, using the most promising well-being
assessment strategies.
Keywords: children’s rights, United Nations Convention on Children’s Rights, child well-being,
subjective well-being, school psychology
Over the past several decades, growing pub-
lic attention to the notion of children’s rights
has emerged, along with a greater commitment
of responsibility to children’s care and develop-
ment to ensure that their rights are upheld (Pe-
terson-Badali, Morine, Ruck, & Slonim, 2004).
Additionally, the science of children’s well-
being, including the measurement of children’s
well-being, has also experienced considerable
growth (Ben-Arieh, 2008; Huebner & Hills,
2013). The overarching purpose of this article is
to articulate those advances in children’s rights
and children’s well-being measurement, partic-
ularly in the contexts of children’s schooling in
general and international school psychology in
particular. In recognition of the 25th anniver-
sary of the United Nations Convention on the
Rights of the Child (1989; hereinafter referred
to as the Convention) in 2014, this article rep-
resents one in a series of eight articles that has
been organized through the cooperation of the
editors of six premier national and international
school psychology-related journals (Journal of
Educational and Psychological Consultation,
Journal of School Psychology, Psychology in
the Schools,.
History
Islam
Other religions
Definition of child
Quran and Sunnah
Good name
Love and Care
Respect of child
Equality without discrimination
Preference for girls
Provision of basic needs
Education and training
Example
References
this material contains understanding related to juvenile justice system in Nepal's context . further it collaborate with domestic and international convention.
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Children’s rights as set out in national and international instruments outline the fundamental obligations
of society that are essential in meeting the needs of children. In Nigeria, the policies on the rights of children and
young persons have been guided by the principles set out in the United Nations Convention on the Rights of the
Child and the African Charter on the Rights and Welfare of the Child, as well as those in the Child’s Rights Act of
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the paper examines the history of the development of children’s rights before discussing some of the theories and
approaches to children’s rights. The paper considers that the concept of children’s rights has been appreciated in
Nigeria, as children are recognised as an important part of the society. However, there are differences from the
western concept of children’s rights as well as societal issues which may lead to challenges in the acceptance and
implementation of internationally recognised standards. Ultimately, to make children’s rights a reality, the existing
theories need to be merged with the unique cultural norms in Nigeria.
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Noise factors in the work place.Decibel (dB) is the unit for measuring sound levels.
Exposure standard for noise is defined in the WHS Regulations as an LAeq,8h of 85 dB(A) or an
LC,peak of 140 dB(C). There are two parts to the exposure standard for noise because noise can
either cause gradual hearing loss over a period of time or be so loud that it causes immediate
hearing loss.
LAeq,8h means the eight hour equivalent continuous A-weighted sound pressure level in decibels,
referenced to 20 micropascals, determined in accordance with AS/NZS 1269.1. This is related to
the total amount of noise energy a person is exposed to in the course of their working day. It takes
account of both the noise level and the length of time the person is exposed to it. An unacceptable
risk of hearing loss occurs at LAeq,8h values above 85 dB(A).
LC,peak means the C-weighted peak sound pressure level in decibels, referenced to 20
micropascals, determined in accordance with AS/NZS 1269.1. It usually relates to loud, sudden
noises such as a gunshot or hammering. LC,peak values above 140 dB(C) can cause immediate
damage to hearing.
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A comparison of child protection law between indonesia and malaysia
1. Journal of Law, Policy and Globalization www.iiste.org
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
Vol.27, 2014
91
A Comparison of Child Protection Law between Indonesia and
Malaysia
Dr. Iman Jauhari, S.H., M.Hum
Lecturer at the Faculty of Law of Syiah Kuala University, Darussalam Banda Aceh Indonesia
Email: imanjauhari1966@yahoo.co.id
Abstract
This paper aims to compare child protection law between Indonesia and Malaysia especially in terms of family
law (marriage), child definition and age limit, as well as other foundational principles. Content analysis method
of a variety of relevant references is used and a comparative approach to child protection law in Indonesia and
Malaysia is taken. There are many similarities between child protection law in Malaysia and Indonesia, in which
both systems specify the state, family, and parents responsibilities towards children. Also specified are handling
of child’s position, guardianship, rearing, adoption, religion, and abandonment. In addition, special protection
such as maintenance, recovery, custody, care, investigation, nursing, education, prevention of economic
exploitation, prevention of sexual abuse, prevention of child torture, and disability treatment are also included.
This paper concludes that in Malaysia child protection law has been fully synthesised in Children Act of 2001
(Act 611), while in Indonesia child protection law is scattered in a number of laws related to children including
the Child Protection Law.
Keywords: child protection law, Indonesia, Malaysia, comparative legal system.
A. INTRODUCTION
Children’s rights are part of human rights as contained in Article 28 B Clause (2) Second Amendment
of 1945 Foundational Law (Undang-Undang Dasar 1945 – UUD45) in which “every child deserves to live,
grow, and develop, protected from violence and discrimination.”
Implementation of child protection in Indonesia is based on Pancasila and UUD45 as well as United
Nation Children’s Right Convention comprising foundational principles such as children’s non-discrimination,
best interest, right to live, right to grow and develop, and right to opinion being heard and valued.
To position children’s right in a legal system is to depict a fundamental aim of life. To the author’s
mind, a fundamental aim is to develop humanity in adherence of religious principles. As such, children’s right in
legal perspective includes legal aspect of the children’s environment. Maulana Hasan Wadong has stated that “a
Muslim must be conscientious to uphold children’s right including positive national law as consideration.”1)
Abdur Rozak Husein has stated as follows: “If children in a society is well-adjusted, the society will
develop into a well-adjusted society. It is stated in Islam that children is the seed of future society,”2)
as such the
maintenance and rearing (hadhanah) of children is parents responsibility.
Hadhanah is “rights of little children, as they need supervision, protection, guardianship, education,
with mothers bearing the responsibility to perform hadhanah”.3)
Ibrahim Muhammad Al-Jamal stated that “Islam with all its rules and regulations pays significant
attention towards societal welfare and safety. As such, child’s custody should be given to mothers.”.4)
As such
Darwan Print stated that “legal protection of children must be prioritised”5)
and implemented.
Afisah Wardah Lubis stated that “Teaching children to be independent and responsible should be
started early in life so they would not be shocked by adulthood.”6)
In Law Number 23 Year 2002 on Child Protection children’s right has been regulated in 67 articles
beginning from Article 4 to Article 71. The articles focus more on hadhanah and child legal protection issues.
1)
Maulana Hasan Wadong, 2000, Pengantar Advokasi dan Hukum Perlindungan Anak, Jakarta: Grasindo, p. 33.
2)
Abdul Rozak Husein, 1992, Hak-Hak Anak Dalam Islam, Jakarta: Fikahati Aneska, p. 19.
3)
Sayyid Sabiq, 1994, Fikih Sunnah, jilid 8, Bandung: PT. Al-Ma’arif, p. 160.
4)
Ibrahim Muhammad Al-Jamal, tr. Anshari Umar, 1986, Fiqih Wanita, Semarang: CV-Asy-Syifa, p. 450. See
M. Ali Ash-Shabuni, tr. Saleh Mahfoed, 1994, Tafsir Ayat-Ayat Hukum Dalam Al-Qur’an, Vol. I, Bandung: PT. Al-Ma’arif,
p. 616-617.
5)
Darwan Print, 1997, Hukum Anak Indonesia, Bandung: PT. Citra Aditya Bakti, p. 4.
6 )
Afisah Wardah Lubis, 1998, “Memahami Perkembangan Psikologi Anak Dalam Rangka Implementasi
Perlindungan Anak”, Majalah Konvensi, Vol.II No. 1 March 1998, Medan: LAAI, p. 62.
2. Journal of Law, Policy and Globalization www.iiste.org
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
Vol.27, 2014
92
In Law Number 1 Year 1974 on Marriage child custody law has been strictly specified as a part of
marriage law in Indonesia. However, the law had not received deserved elaboration and detail in its
accompanying Government Regulation No. 9 Year 1975. Only after the implementation of Law Number 7 Year
1989 on Religious Court, and President’s Instruction Number 1 Year 1991 on Islamic Legal Compilation, the
issue of hadhanah became part of Indonesian positive law and Religious Court was given authority to deal with
it.
In Law Number 1 Year 1974 on Marriage Article 42 to Article 54 had elaborated that parents are
obligated to raise and educate children not yet reaching 18 years of age until the children get married or become
independent. This responsibility remains eventhough parents’ marriage dissolves due to divorce or death.
Family law in Malaysia is based on a culture of plural race, ethnicities, and religions. Eventhough the
official state religion is Islam, Malaysia allows religious freedom. Different ethnicities possess different culture.
For non-Muslim the replacement of Christian Marriage Ordinance 1952 with Marriage and Divorce Act 1976
renewed the stipulations on marriage law. Malaysia had simplified legal regulations and enforcements. For
Muslims, eventhough legal stipulations in general is similar (using Syafi’i school of thought on marriage), there
exist differences in a number of states as “these issues are under the jurisdiction of respective states”. An effort
towards uniformity has been conducted in Islamic family law and religious court.
The plurality of family law (especially marriage) in Malaysia can be seen in the reference to legal group
in which a person belong for corresponding legal application. Such is also the case for marriage annulment and
marriage ceremony. With the implementation of a variety of marriage laws for Muslims and the issuance of Law
Reform (Marriage and Divorce Act) of 1976, Malaysia has witnessed a variety of forms and methods of marriage
dissolution. In Marriage and Divorce Act 1976 reason for divorce is specified in Article 47 to Article 62. The
prohibition of marriage between people of Islamic and other faiths which stipulates that “one of the parties need
to convert to the religion of Islam” can be used as a reason for marriage dissolution in Marriage and Divorce Act
1976. This stipulation was not present in the previous legal acts.1)
In cases of family members quarrel, in which husband and wife divorce and fight for child custody,
family law will be used to adjudicate it. Amount of child’s support will be determined according to the same
family law.2)
Based on the above elaboration this paper will discuss: 1) comparison of family legal system (marriage)
between Indonesia and Malaysia, 2) child definition and age limit, and 3) comparison of child protection law
foundational principles between Indonesia and Malaysia.
Content analysis method of a variety of relevant references is used and a comparative approach to child
protection law in Indonesia and Malaysia is taken.
B. COMPARISON OF FAMILY LEGAL SYSTEM (MARRIAGE)
In Malaysia the stipulations which regulate children’s right and parents responsibilities are contained in
the Enactment of Islamic Family Law of 1990 (Enactment No. 5 of 1990). Article 89 Clause (1) stated that:
Although the right to hadhanah or the custody of the child may be vested in some other person, the
father shall be the first and primary natural guardian of the person and property of his minor child, and where
he is dead, the legal guardianship devolves upon one of the following persons in the following order or
preference, that is to say.
(a) the father’s father
(b) the executor’s appointed by father’s will
(c) the father’s executor’s executor
(d) the father’s father’s executor
(e) the father’s father’s executor’s executor
provided that he is a Muslim, a dult, sane and worthy of trust.
The duty and responsibility of a guardian is to raise the child by providing adequate support,
maintaining the child’s health, and providing appropriate education. (Article 3 Guardianship of Infants Act
1)
H. Ahmad Sukardja, 2001, Hukum Keluarga dan Peradilan Keluarga di Indonesia, Jakarta: Mahkamah Agung
RI., p. 46-47. See Nik Moriani Nik Badli Shah, 1992, Undang-Undang Keluarga Nafkah dan Hak-Hak Kewenangan Lain,
Kuala Lumpur: Dewan Bahasa dan Pustaka, p. 5, 7, 8 and 16.
2)
Abdul Azis Hussin, 1995, Memperkenalkan Undang-Undang, Kuala Lumpur: Dewan Bahasa dan Pustaka, p. 4.
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1961).1)
The guardian must also maintain and monitor the child’s wealth, performing acts deemed suitable to
protect it. (Article 4 Guardianship of Infacts Act 1961).2)
Article 88 Clause (2) Enactment No. 5 of 1990 have stated requirements which might be stipulated by a
Court to a guardian, as follows:
Without prejudice to the generality of subsection (1), an order for custody may:
(a) contain conditions as to the place where the child is to live and as to the manner of his or her education
(b) provide for the child to be temporarily in the care and control of some person other than the person given
custody
(c) provide for the child to visit a parent deprived of custody of any member of the family of a parent who is
dead or has been deprived of custody at such times and for such periods as the Court condiders reasonable.
(d) give a parent deprived of custody or any member of the family of a parent who is dead or has been deprived
of custody the right of access to the child at such times and with such frequency as the court considers
reasonable; or
(e) prohibit the person given custody from taking the child out of Malaysia.
Guardianship of Person and Property.
The obligation to provide support for children is contained in Article 72 Clause (1) Enactment No. 5 of
1990 which states: Exept where an agreement or order of court otherwise provides, it shall be the duty of a man
to maintain his children, whether they are in his custody or the custody of any other person, either by providing
them with such accommodation, clothing, food, medical attention and education as are reasonable having
regard to his means and station in life or by paying the cost thereof.
Besides the power to compel men to act as guardian, the Court also has power to compel women to pay
or participate in providing child support if the Court judges the woman to be capable of providing it. (Paragraph
(1) Article 93 Law Renewal Act (Marriage and Divorce) 1976).
The guardianship could also be given to a person who raise or nurture the child or to those who are
responsible to the child. (Paragraph (3) Article 93 Law Renewal Act (Marriage and Divorce) 1976).
As such the children born in a marriage cannot be neglected. Both parents are obligated to raise and
educate the children to the best of their ability. The obligation to raise the child is prioritised first to the father,
then the mother. If both parents have passed away the court can appoint others to raise and educate the child.
In Indonesia, the dominant family law regulates the majority Muslim Indonesians, as contained in Law
Number 1 Year 1974 on Marriage. For non-Muslim Indonesians, family law is regulated in Book of Civil Law.
Should a divorce occurs, the divorce is adjudicated by State Court, while for Muslims, the divorce is adjudicated
in Religious Court, using Legal Islamic Compilation and Law Number 1 Year 1974 on Marriage.
On this matter Malaysia has many more similarities than differences. The main difference is the family
law in Malaysia is simpler and comprehensive.
When a divorce occurs, issues to be discussed are child custody and support. Malaysian family law
regulates child support issue and the person given right to child custody.3)
This regulation is contained in
Children Act of 2001 (Act 611). For Indonesia, the regulations are scattered in a number of laws. Marriage Law
determines child’s position, parentage, guardianship, and parents’ rights and responsibilities. Two other laws
relevant to children protection are Islamic Legal Compilation and Child Protection Law.
In essence, child support responsibility after divorce in Indonesian law from the perspective of national,
Islamic, or custom law prioritise men to uphold the responsibility. Also, decisions of Religious Court more often
than not task men to provide child support, eventhough in some cases panel of judges could rule otherwise based
on other considerations. Judges attitude and view in determining men to provide child support depends of men’s
job, responsibility, and physical capabilities to work. Decisions are made on a case-by-case basis.
C. CHILD’S DEFINITION AND AGE LIMIT
Child issues in Malaysia has been regulated by Children Act of 2001 (Act 611),4)
which is an act
synthesising several laws regarding the maintenance, protection, and recovery of children and related issues.5)
1)
Bahder Johan Nasution dan Sri Warjiwati, 1997, Hukum Perdata Islam, Kompilasi Peradilan Agama Tentang
Perkawinan, Waris, Wasiat, Hibah, Waqaf dan Shadaqah, Bandung: CV. Mandar Maju, p. 159.
2)
Ibid, p. 160.
3)
See Law Renewal Act (Marriage and Divorce) 1976.
4 )
See Lembaga Penyelidikan Undang-Undang 2002, Akta Kanak-Kanak 2001 (Akta 611), Kuala Lumpur:
International Law Book Services.
5)
See the synthesis of several laws such as Juvenile Court Act of 1947, Children Protection Act of 1991 (APK),
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Child age limit in Children Act of 2000 (Act 611) specifies that a child is a person under 18 (eighteen)
years of age. In Juvenile Court Act of 1947 it is stated that a child is a person under 18 (eighteen) years of age.
So a juvenile can come from two groups, one as a “child” under 14 years of age, and two as “teen” between 14 to
18 years of age.1)
Child Protection Act of 1991 (Act 468) states that a child is a person under 18 (eighteen) years of age.2)
While in Women and Girls Protection Act a child is a person under 21 (twenty one) years of age. However, with
the Children Act of 2001, women between 18 to 21 years of age are protected under Canon of Chastisement.3)
As such, child age limit in Malaysia ranges between 14 to 18 eighteen years of age, with those under 7
years of age called a specifically Malaysian term ‘budak’, not child or teen.
For Indonesia the definition and child age limit is determined explicitly. Article 1 Clause 1 Law
Number 23 Year 2002 on Child Protection states that: “A child is a person under 18 (eighteen) years of age,
including unborn fetus”.
In the child definition and age limit as stated in Article 1 of the aforementioned Law (thereafter termed
Law 2002) there are 2 (two) important issues to be considered, one, a child is a person under 18 (eighteen) years
of age. As such, a person who has exceeded the age of eighteen years old, including those with unsound mind, is
considered not a child, but an adult. In this case the marital status of the person is not called into question.
Second, a child who is still an unborn fetus is protected under the Law 2002.
As such, child definition and age limit in the Law 2002 is not meant to determine the position of
adulthood, but to determine the position of childhood. The legal consequence is a married women not yet 18
years of age, for example 16 years of age, legally is considered an adult.
To determine child age limit related to specific legal acts, according to Guidelines for Initial Report of
the United Nation’s Committee of the Rights of the Child, member states should provide relevant information to
fulfill the demand of Article 1 of the Children Rights Convention. This means the member states are requested to
provide legal child age limit for, but not limited to, the following legal related issues: legal and medical
counselling without parental consent, hazardous employment, part time employment, full time employment,
marriage, sexual consent, voluntary enlistment into the armed forces, voluntarily testimony in court, criminal
liability, deprivation of liberty, punishment stimulation, and alcohol usage.4)
Formally and juridically there exists a variety of child age limit, which is formulated according to a
variety of laws, such as KUHPerdata, KUHP, Law Number 3 Year 1997 on Child Court, Law Number 4 Year
1979 on Child Welfare, Law Number 1 Year 1974 on Marriage, Law Number 39 Year 1999 on Human Rights,
Law Number 23 Year 2002 on Child Protection, and others. It could be put forward that there are 3 (three) vital
issues to determine child age limit: First, quantitative child age limit, 18 years of age, 21 years, 17 years, 16
years, 15 years, or other ages. Second, the issue of marital status to define child age limit (Compare Law Number
23 Year 2002 with Law Number 39 Year 1999, and Law Number 3 Year 1997). Third, issue of unborn fetus
(compare Law Number 23 Year 2002 with Article 1 of Child Rights Convention).5)
There are many similarities between Malaysia and Indonesia regarding childre age limit, while
differences only revolve around adult age limit. For Malaysia, a person reaching 18 years of age, according to
Adulthood Act of 1971 is considered an adult with consent to marry. While in Indonesia according to Law
Number 1 Year 1974 on Marriage it is stated that a woman of 16 years of age and a man of 19 years of age is
Women and Girl Protection Act of 1973 (APWG) and Children Maintenance Centre Act of 1984 (APJK) to become a
Children Act of 2001 (AKK).
1)
Mini Kamariah Majid, 2002, Akta Kanak-Kanak 2001: Cadangan Pindaan Undang-Undan Berkenaan Gejala
Sosial, Kuala Lumpur: Penerbit University Malaya, p. 1-2. Compare with Adult Act of 1971 which states the age of 18 years
old as the adult age in Malaysia, being allowed to marry and have family, a position consistent in Law Renewal Act
(Marriage and Divorce) of 1976. See Faizah Nazri Abd. Rahman, 2003, Children Who Kill Little Monters, Kuala Lumpur:
University Malaya, p. 115.
2)
See Lembaga Penyelidikan Undang-Undang 2001, Akta Perlindungan Kanak-Kanak 1991 (Akta 468), Kuala
Lumpur: International Law Book Services. See Abd. Hadi Zakaria, 2003, The Child Act 2001 Some Significant Features,
Kuala Lumpur: University Malaya, p. 139.
3 )
Mini Komariah Majid, 2002, Akta Kanak-Kanak 2001: Pendidikan Undang-Undang Untuk Menangani
Masalah Kanak-Kanak dan Remaja di Malaysia, op. cit., p. 24. See Zalina Abdul Halim, 2003, Right of Access to Court
Proceedings: Its Application Under The Child Act 2001, Kuala Lumpur: University Malaya, p. 157.
4)
ibid, p. 2 and 3.
5 )
See Muhammad Joni, 2002, Harmonisasi Substansi Hukum Tentang Perlindungan Anak Dari Konflik
Bersenjata, a discussant paper presented at Report Draft Seminar of International Committee of The Red Cross (ICRC)
Research Team titled Perlindungan Hukum Bagi Anak yang Terlibat Atau Terkena Dampok Dari Situasi Konflik di Indonesia,
in cooperation with Indonesia Justice and Human Rights Ministry and ICRC, 2 December 2002 in Jakarta.
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considered an adult with consent to marry. However, within the age limit (16 to 19 years of age) if they are not
yet married, they are still considered a child possessing accompanying rights.
D. COMPARISON OF FOUNDATIONAL LEGAL PRINCIPLES IN MALAYSIA CHILD
PROTECTION LAW
In Malaysia children are protected under the Act of 2001 which comprises of: (a) children requiring
nurture and protection, (b) children requiring protection and recovery, (c) children trafficking and runaways, (d)
children performing criminal acts, (e) children without guardian.
1. Children requiring nurture and protection
Section 17 (1) Act of 2001 provides definition of children requiring nurture and protection including
those who are abused physically or mentally, neglected, needing counselling, in danger of harming themselves,
with background of broken home, and child beggars or sellers. Abuse or neglect refers to children with parents
or guardians. Child beggars or sellers are included due to the increase of their number on the streets.
Irresponsible parents profit from their children begging or selling as children easily gain more sympathy from
people. This definition is hoped to help child beggars or sellers to not beg or sell and instead obtain necessary
education.1)
2. Children requiring protection and recovery
Section 38 (1) Act of 2001 defines this group as those who have the urge to perform sexual acts, or
under environment which encourage them to perform sexual acts, live or often visits places of prostitution, or are
usually under the spell of pimps in sites of prostitutions. Beside this group, Section 42 Act of 2001 also includes
children trafficked in and out of Malaysia for sexual purposes2)
as children requiring protection and recovery.
Beside children requiring protection, Section 43 (1) Act of 2001 also makes clear of children status
involved in prostitution. Being involved with a child in sexual activities is considered a heinous crime. This
provision is hoped to prevent the occurrence of these activities.
Section 41 also mentions children requiring immediate protection if their condition falls under the terms
stated in Subsection (2) including if the children is pregnant with an unborn child. This provision is meant to
such children to get support and temporary shelter while waiting for the birth of their baby. This provision is
hoped to reduce the incidence of abandoned babies as pregnant children are protected and given help when they
most need it. As children who have committed a grave mistake, help and counselling is very much needed in
times of their pregnancy until birth. A mistake does not need to last forever and should be forgiven.
This provision, however, is not intended to encourage these incidences to occur, but as a method last
resort should such incidence occur. Both pregnant children and their unborn child needs help to go on with their
life.
3. Child trafficiking and runaways
Section 48 Act of 2001 considers children being trafficked inside or outside Malaysia as protected. This
situation includes children snatched by their father or mother with no legal possession of their children, be it
inside or outside Malaysia. (Section 52 Act of 2001). This new provision is intended to deal with children who
are snatched by their father or mother during marriage dissolution. This situation is exacerbated by parents with
two different countries of origin. Both want their children to be with them and when one is given custody
according to the law of his or her country, the other snatch the child to his or her home country with the hope of
custody being offered their side. In the eagerness of the parents for custody, children become unwitting victims.3)
4. Children performing criminal acts
Children accused of performing criminal acts will be charged with conditions stipulated by the Act of
2001 (Section 83 (1)). To deal with these children, Section 11 (5) Act of 2001 stipulates that Court for Children
must possess power to adjudicate all crimes except those punishable by death.4)
1)
Siti Zaharah Jamaluddin, 2002, Akta Kanak-Kanak: Implikasinya Terhadap Ibu Bapa, Agensi Kerajaan, Badan
Kehakiman dan Media, Kuala Lumpur: University Malaya, p. 43-44.
2)
See Section 2 (1) Act of 2001 which defines prostitution as an act committed by a person offering his or her body
in exchange of money or goods.
3)
ibid, p. 46.
4)
Siti Zaharah Jamaluddin, 2002, loc. cit,
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5. Children without guardian
No definition is given for children without guardian in Act of 2001. However, if Section 46 (1) Act of
2001 is referred, it could be understood that children is considered to be without guardian if their father or
mother or guardian provide a written request to Children Court that their children be arrested as the parents or
guardian could no longer take care of them.1)
6. Responsibility of mother or father or guardian and family
When social problems caused by teenagers have escalated, many opine that these issues are caused by
disharmony in the family.
Act of 2001 recognizes the importance of mother or gather, guardian and family to deal with these
issues. The approach taken by this Act is to emphasize continuously the responsibility of mother, father,
guardian, or family, especially when their children are encountering troubles. Besides defining “family member”
to include parents, guardian, or relative residing in the children’s houses, the Act also defines “relative” as
people who possess kinship through blood relations, breast-feeding or foster relationships with the children. Act
of 2001 also defines fosterage as in Section 2 (1) with “foster father or mother” as people who are not father or
mother or relative to the children in Section 30 (1) (e) or Section 35 or 37 Act of 2001. This condition will
provide more room for the Court to decide on rulings related to children. If the children has no mother or father
or guardian or sibling, the children could be put under the care of appropriate person. This definition is thus wide
enough to include not only guardian at children’s centre, but also individual who accepts payment to care for
children.2)
7. The role of school principal
Act of 2001 also introduces the role of principle in helping troubled children. The Court also requires
parents or guardians whose children are educated in educational institutions to discuss with their principal once a
month. This discussion must help facilitate the Court’s order by ways of informing parents or guardians
regarding the children’s achievement, the troubles faced by the children and the steps needed to help the
children. This discussion must not be held under the pretext of fulfilling formal requirements only. Teachers and
principals need to ensure meetings are held to fulfill Court expectation. Eventhough there is no punishment
meted out if teachers or principles do not perform as required, their integrity requires them to fulfill these
responsibilities as much as possible. The role of teacher could also be seen from the character report of a
particular children made by officers responsible to produce this report. These officers will meet the children’s
teacher obtain accurate and relevant information to help the officer write a comprehensive report. The report is
vital as a consideration for the court to make appropriate decisions concerning the children. (Section 90 (12) and
(13) Act of 2001.3)
8. The role of media
Children Court is a closed court. To fulfill this condition, the provision to prevent media report or
broadcast related to cases being heard in the Court is included. Additional provisions are introduced in the Act of
2001 to guarantee the children’s rights.
The first additional provision could be seen in Section 15 (1) (a) which prevents any media report at any
level, before, during, or after Court hearing. Besides, additional provision concerning broadcast of picture is
included where the children’s picture or any person, place, or thing which could help identify the children cannot
be broadcast in any media including newspaper, radio, or television. (Section 15 (2) and (5) Act of 2001). This
provision also make demands on police station to consider prevention of the children’s picture from being
displayed in the station, on the journey to and from the station, recorded in media be it tape or film or any other
electronic media. (Section 85 (b) Act of 2001).4)
9. Government agencies
Act of 2001 also emphasizes the role of government agencies as contained in the previous three Acts,
such as the Agency for Social Welfare and the Police. The role of Agency of Social Welfare as protector and
1)
ibid, p. 47. See also Sridevi Thambapillay, 2003, Child Act 2001 Selected Family Law Issues, Kuala Lumpur: University
Malaya, p. 180.
2)
Zulazhar Takir, 2002, Meninjau Isu Penderaan Kanak-Kanak Dari Perspektif Akta Kanak-Kanak 2001, Kuala
Lumpur: Penerbit University Malaya, p. 85.
3)
Siti Zaharah Jamaluddin, 2002, op. cit., p. 61.
4)
ibid, p. 62. Lihat Noor Aziah Mohd Awal, 2003, Child Act 2001 How Far Does it Conform to the UNCRC?,
Kuala Lumpur: University Malaya, p. 210.
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character officer is maintained (Section 8 and 10 Act of 2001). Their role is prominent in the entire Act of
2001.1)
10. Protector
A protector is reponsible to children requiring care and protection (Section 18 Act of 2001). If the
protector receive any report concerning children requiring care and protection, the protector would be
responsible to take the children to Court as soon as possible. (Section 19 Act of 2001). If the protector is of the
opinion that the children requires medical help, it should be provided immediately. The same degree of authority
is also given to police officers responsible for any children in the same condition (Section 21 Act of 2001). A
protector is required to write reports concerning the children to be brought forward to the Court (Section 30 (6)
Act of 2001). This Act of 2001 also introduces the same concept for foster family. A protector is the person to be
contacted should the children under the care of foster mother or father need to be returned home (Section 30 (3)
Act of 2001). If the Court order the children to be cared for, the Protector must be contacted (Section 35 Act of
2001). Notice should also be given if the children demands to be returned home (Section 36 Act of 2001). 2)
11. Character officer
A Social Welfare officer is also a character officer (Section 10 Act of 2001). As a character officer in
addition of providing character report when required (Section 46 (1) Act of 2001), the officer must also monitor
the children according to Section 46 (2) (b) Act of 2001. If conditions contained in the Section applies, the
character officer when given a Court order must visit, advice, or befriend the child during the duration of the
order. If necessary the children should be brought forward to the Monitoring Court (Section 47 (1) (a) (b) Act of
2001). Clearly the roles necessary to be played by the character officer are not limited to formal requirements.
This stipulation requires the character officer to take time to know the children under care and getting their trust
before attempting to advise them. All these requirements take time and skill of many officers.3)
12. Police
In addition of having the power to take children requiring medical care and needing nurture and
protection, Section 19 (5) Act of 2001 requires police officers to inform the children’s condition to the Protector.
The children committing criminal offences need to be brought to the Court or Magistrate according to
Section 84 (1) Act of 2001. The police need to ensure the children to be separated from adults when the children
is being held in custody at police stations, or being brought from or to the court (Section 85 (a) Act of 2001). In
addition, the police officer need to inform the Protector, father or mother or guardian of the children as soon as
the children is caught committing criminal offences (Section 87 (a) Act of 2001) to facilitate the Protector to
provide character report and other relevant information (Section 87 (b) Act of 2001).
The role of police officer as a whole is to reinforce and help Social Welfare officers in their task to
protect children, especially those who need care and protection as well as those involved in child trafficking or
runaways. This condition is important becose Social Welfare officers do not have the skill that police officers
have, especially concerning raids (Section 53 (3) (a) to (d) Act of 2001. The parties being raided may be armed
and willing to use violence to counter the raids.4)
As such, with the synthesising of the three Acts with several changes introduced it is hoped that
children could be comprehensively protected. A Legal Act no matter how complete will not be meaningful if
parties involved are not willing to achieve the objective and purpose of the Acts. These Acts recognizes the
rights of children in Malaysia through statements in the Introduction. Children should be protected and guided to
enable them to contribute positively to the development and welfare of the state.
E. COMPARISON OF FOUNDATIONAL PRINCIPLES TO CHILD PROTECTION LAW IN
INDONESIA
1)
Norchaya Talib, 2002, Siri Undang-Undang dari Akta Kanak-Kanak 2001, Kuala Lumpur: Penerbit University
Malaya, p. 107.
2)
ibid, p. 109.
3)
ibid, p. 168. See Norcahaya Talib, 2003, Child Act 2001 Enter The Powerful Proxy, Kuala Lumpur: University
Malaya, p. 245.
4)
ibid, p. 169. See also Chew Li Hua, 2003, Criminal Procedure Under Part x of the Child Act 2001 (Act 611),
Kuala Lumpur: University Malaya, p. 235.
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Foundational principles of child protection in Indonesia is formulated in Article 2 Law Number 23 Year
2002 on Child Protection (Law 2002), which follows from the principles of protection contained in the
Indonesian 1945 Foundational Law (UUD 1945). The general foundational principles in Law 2002 are: 1) non-
discrimination, 2) child’s best interest, 3) child’s right to live, grow, and develop, 4) valuing child’s opinion.
As such, the state is obligated to guarantee that children are given opportunities to state their opinion in
any adjudication or administrative processes relevant to their rights, directly or indirectly.
In Article 3 of Law 2002, this valuing child’s opinion principle is explicitly adopted as foundational
principle, along with principles contained in Pancasila and UUD 1945.
Also, in Law 2002 children rights and responsibilities are formulated in Article 4 to Article 19. As such,
juridically the Articles create legal norm for children’s rights.
All articles formulated in Article 4 to Article 18 Law 2002 contains specifically the word ‘right’, for
example “possessing right to…”, “possessing rights for…”, ”possessing rights to get…”, “possessing rights to
state…”
As such the many instances of inclusion of the word right in Law 2002 turn the norm into legal norm. A
reference could be traced to the opinion of Sudikno Mertokusumo, which states that: in a legal determination, the
content of legal norm could be viewed in 3 (three) aspects: 1) Legal norm containing order, which must be
obeyed no matter what; 2) Legal norm containing prohibition, which prohibits an action; 3) Legal norm
containing permission. It is then elaborated that legal norms containing order and prohibition are imperative and
apriori in nature, which allows force to compel people to obey.1)
The inclusion of child responsibility in Law 2002 acts as balance for child right. Child responsibility is
formulated in Article the Law.
The formulation of Article 4 Law 2002 contain 4 (four) categories of children’s rights: right to live,
right to grow and develop, right to participate, and right to obtain protection from violence and discrimination.
When compared with UUD 1945, the formulation of Article 4 Law Number 23 Year 2002 on Child
Protection is inspired by and derived from Article 28 B Clause (2) UUD 1945. However, Article 4 contains the
provision of child’s right of participation and as such it is more advanced than Article 28 B.
Theoretically, legal science states that law can be divided into primary and secondary law. It could be
stated that children’s rights formulated in Article 4 Law 2002 is derived from primary laws. From Article 4 to
Article 19 of the Law, children’s rights and responsibilities are elaborated as follows:
1) Children’s right to live, grow, develop, and participate naturally (Article 4)
This article, although a derivation of Article 28 B Clause (2) UUD 1945, is more advanced than the
Article, because it includes participation rights. Article 4 also reflects every rights contained in Children
Rights Convention. It could be stated that Article 4 is primary law which inspires other legal norms which
are called secondary law.
Right to live cannot be neglected in any condition, including emergency as regulated in Law
Number 39 Year 1999 on Human Rights. In fact right to live is a foundational principle of the Law.
With the same spirit, in humanitarian law several inalienable rights is recognized, which is right to
live (le droit de la vie) and right to physical and moral integrity which must be protected at all cost.2)
Right to grow and develop is elaborated into right to health, education, expression, and
information. In Law 2002, these elaborations are manifested in implementation of protection in education,
health, social and even religion.
2) Right to name acquisition to indicate personal identity and citizenship status. (Article 5)
Further arrangements is regulated in Article 17 and Article 28. Right to identity is the first right
which must be obtained by children. For now, many Indonesians registered their children’s birth irregularly
as local governments make use of birth certificate registration as source of income.
3) Right to worship according to religion, right to think, and right for expression (Article 6)
4) Right to get to know parents, being raised and nurtured by them (Article 7 Clause 1).
5) Right to be nurtured or fostered by foster parents (Article 7 Clause 2).
Issues of nurture and fosterage is regulated more comprehensively in Chapter VIII, Article 37 to
Article 41 in Law 2002.
6) Right to obtain medical services (Article 8).
7) Right to obtain social security (Article 8).
Social security is the responsibility of the Government. Until today, social security program has not
covered children, only workers through Worker Social Security (Jamsostek) program. Workers are also
1)
Sudikno Mertokusumo, 1999, Mengenal Hukum – Suatu Pengantar, Yogyakarta: Liberty, p. 31 – 32.
2)
G.P.H Haryomataram, 1988, Bunga Rampai Hukum Humaniter (Hukum Perang), Jakarta: Bumi Nusantara
Jaya, p. 8.
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provided health insurance through Health Insurance (Askes) program. These two programs still have limited
coverage and program holders.
8) Right to learn and be taught (Article 9 Clause (1)).
Article 9 Clause (1) is a derivation of Article 31 UUD 1945 which states that “Every citizen
deserves education”. Article 31 Clause (4) of UUD 1945 even explicitly stated that education is prioritised
in central and local government budget allocation as much as 20 percent. Right to education is also in
harmony with Article 28 and 29 Child Range Convention.
9) Right to obtain special education for disabled children (Article 8 Clause (2)
10) Right to obtain special education for gifted children (Article 8 Clause (2)
11) Right to voice out opinion and having opinion being heard (Article 10).
12) Right to receive, find, and give information (Article 10).
13) Right to rest and use spare time to socialize with peers, play, be creative and enjoy recreation (Article 11).
14) Children with disability deserve to (a) get rehabilitation, (b) social help, (social welfare level maintenance
(Article 12).
15) Children under status of being cared for, deserves to obtain protection from (a) discrimination, (b)
exploitation (economic and sexual), (c) abandonment (d) cruelty, violence, and abuse, (e) injustice (f)
wrongful conduct (see Article 13 Clause (1)).
16) Right to be raised by own parents. (Article 14).
17) Right to obtain protection from: (a) political manipulation, (b) involvement in armed conflict, (c)
involvement in social unrest, (d) involvement in violent event, (e) involvement in was (Article 15).
In the case of protection of children from armed conflict, a number of international humanitarian
values could be used, for example Geneva’ Convention IV’, and ‘Additional Protocols of 1977’. The
‘Optional Protocol on the Involvement of Children in Armed Conflict)’ ratified on 25 May 2000 by the
Indonesian government could also be used.1)
The impact of armed conflicts to children is very serious as it leaves lasting impression. From
several reports, armed conflict affects badly and permanently on children all over the world. The UN
agency for children, UNICEF, in a report titled “State of the World’s Children 1996”, states that between
the period of 1985 – 1995 armed conflict had caused permanent damage to children.2)
18) Right to obtain protection from (a) abuse, (b) torture, (c) inhuman punishment (Article 16 Clause (1).
19) Right to obtain liberty according to law (Article 16 Clause (2)).
This clause is very general, as it has not provide the meaning of liberty intended, including
elaboration which should be referred to Article 16 Clause (2) elaboration.
20) Children whose liberty is taken away from them have the rights to: (a) obtain humane treatment, (b) separate
housing from adult, (c) obtain legal aid, (d) obtain other help, (e) self-defense and obtain justice from fair
and unbiased court closed to public.
The definition of children whose liberty is taken away from them concerns processes experienced
by the kid in legal proceedings, suchs as arrest or jail. Now, many Courts for children in conflict with the
law have been regulated according to Law Number 3 Year 1997 on Child Court. According to Article 45
Clause (3) Law Number 3 Year 1997 on Child Court, child place of custody must be separated from adults.
If children have been indicted, they are placed in Children Correction Institution separated from adults (See
Article 60 Clause (1) Law Number 3 Year 1997 on Child Court).
21) Children who are victim of sexual violence or children facing legal cases have the right to hide their identity
(Article 17 Clause (2).
This clause is made to emphasize the legal norm stipulated in Law Number 3 Year 1997 on Child
Court. In Article 8 Clause (5) of the Law it is stated that news about children involved with the court, from
the time of investigation until the time of decision, should use only the child’s initial, along with their
parents, guardian, or foster parents’ initial.
Furthermore, according to Article 42 Clause (3) Law Number 3 Year 1997 on Child Court,
investigative process of juvenile delinguents is obligated to be made secret. This obligation to hide child
identity is consistent with legal norm found in Article 8 Clause (1) of the Law which stipulates that a judge
should examine juvenile delinguents in closed court, except for certain cases, where the examination could
be conducted in the open.
1)
UNICEF, 1996, State of the World’s Children 1996, Oxford: University Press, p. 13, dalam Melanie Gow, Kathy
Vandergrift, Randini Wanduragala, The Right to Place – Children and Armed Conflict, World Vision, Switzeland, p. 5.
2)
Anonimous, 1999, International Criminal Court and Child Victims of Genocide, War Crimes and Crimes Against
Humanity, Strokhholm International Peace Research Institute, p. 2. Lihat Safitri Goonesekere, 1998, Children Law and
Justice A South Asian Perspective, New Delhi: UNICEF & Sage Publicashion, p. 80.
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ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
Vol.27, 2014
100
Hence, before the existence of Law 2002, identity of children involved in legal matter has been
stipulated to be made secret in the Law Number 3 Year 1997 on Child Protection. Hence, child identity as
secret is now not only part of child’s right, but also part of investigator’s obligation.
22) Right to obtain legal aid, and other help, as crime victim or perpetrator. (Article 18)
Right to obtain legal aid has been stipulated in previous Law Number 3 Year 1997 on Child Court.
According to Article Clause (1) of the Law, every juvenile delinguents during their time of arrest have the
right to obtain legal aid from a legal counsellor. However in Elaboration of Article 18 of the Law, it is
explained that children have rights to other assistance, such as medical, social, rehabilitative, vocational and
educational assistance.
23) Child responsibility (Article 19): (a) respect of parents, guardians, and teachers, (b) love of family, society,
and friends (c) love of birthland, nation, and state, (c) worship according to respective religion, (d) be of
good ethic and character.
F. CONCLUSION
1. Child protection law in Indonesia and Malaysia has many similarities, which are regulated in family and
marriage laws. Rights and responsibilities of state, government, society, family, and parents; child position,
guardianship, fosterage, nurture, religion, abandonment and special protection have been regulated in
Children Act of 2001 (Act of 611). In this act, maintenance, recovery, protection, investigation, treatment,
education and special protection from abuse, diability, sexual or economic exploitation of children are
included.
2. The difference is Malaysia’s Children Act of 2001 (Act 611) has been synthesized from 4 acts such as such
as Juvenile Act of 1947 (Act 90), Child Protection Act of 1991 (Act 468), Women and Girl Protection Act
of 1973 (Act 106), and Children Care Centre Act of 1984. Several acts still stand alone such as Adult age
Act of 1971 (Act 21), Marriage and Divorce Renewal Act of 1976, Domestic Violence Act of 1994, and
Islamic Family Law Enactment of 1990. In Indonesia, child protection law is scattered around in regulations
such as Law Number 4 Year 1979 on Social Welfare, Law Number 23 Year 2002 on Child Protection, Law
Number 3 Year 1997 on Child Court, Law Number 12 Year 1995 on Correction, and Law Number 39 on
Human Rights and Law on Elimination of Domestic Violence. All these still valid laws regulates child
protection, in separate yet related fashion, except Law Number 1 Year 1974 on Marriage and President’s
Instruction Year 1991 on Islamic Legal Compilation which is only valid for Muslims.
3. Child protection laws in Malaysia have been synthesised into Children Law of 2001, (Act 611), while child
protections laws in Indonesia are not merely contained in Law on Child Protection. In Indonesia, these laws
lack implementation, as implementing regulation in the forms of Government Regulation, President’s
Decision, Minister’s Decision, or Local Regulation. Eventhough implementing regulations such as
President’s Regulation Number 77 Year 2003 exist, they are still far from fulfilling children’s rights, unlike
in Malaysia. There are very few child street performers and beggars in Malaysia, and when there are any,
steps are quickly taken to ensure the children are brought to children and social halfway houses. These
houses care, treat, and nurture the children to inculcate healthy mentality, sound education and religious
upbringing. Indonesia needs to be more like Malaysia in protecting its children, its future generation!
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