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New amendments in our Law on non-contentious procedure approved in 2014 brought significant changes in procedure for the extension of parental rights. Most important of those changes refers to concept of legal institute itself. Now this institute is harmonized with our Constitution, UN Convention on the Rights of Persons with Disabilities and Recommendation of the Committee of Ministers to Member States on principles concerning the legal protection of incapable adults. Besides, in fourth part of this legal act now there are three special non-contentious proceedings that refer to the extension of parental rights. In this article we present and analyze those amendments in our non-contentious system.
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Privacy and family law are both dynamic, subjects of passionate debate, and constantly changing with developments in society, policy and technology. This paper develops a normative understanding of the meaning and value of privacy in the context of proceedings under the Family Law Act 1975 (Cth) (Family Law Act) that embraces children’s decision-making autonomy. The focus is privacy’s decisional dimension, which has received scant scholarly attention in the Australian family law context. Recognising and respecting children’s (as distinct from their parents’) decision-making autonomy, and children’s right to make decisions that might conflict with their parents’ (and the state’s) wishes, remain significant, and unresolved, challenges for the Australian family courts. This paper explores these issues using court authorisation of special medical procedures for children diagnosed with gender dysphoria as a case study. This paper argues that the construction of children as vulnerable to harm and the hierarchical nature of the parent-child relationship under the Family Law Act, coupled with judicial approaches to determining the ‘best interests of the child’ as the paramount consideration, have inhibited the Family Court of Australia from embracing children’s decisional privacy. This paper addresses concerns about the perceived conflictual consequences of doing so. It emphasises the relationality of children’s rights, the significance of the family unit, and the public interest in promoting children as active participants in proceedings as a policy goal of family law.
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The foundation stone of any society affirms on many occasions that it is the family, also called the basic cell of society, but before we can talk about the founding of a family, we consider it necessary to make a history for a stage that precedes the engagement. This institution, although it is an important element and often encountered in the history of many people, we can say that today it is gradually losing its essence. Moreover, we consider that the engagement term has undergone an intense process of metamorphosis, bearing in mind that initially, in many communities, this covenant first reflected a covenant belonging to the two families of which the two fiancées came from. Of course, this custom has been kept strictly, but only in certain communities. In addition, affirming the realization of such a ritual, if you wish, was a true event for which it was necessary to involve not only the two fiancées but the whole family. Also, this event has always been reported over time to another fundamental event – the marriage, and with the passage of time, it is interesting to note that the time interval has been incredibly shortened, but it is noteworthy that the engagement ring has preserved his sacred role in the whole process.
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Prvenstveno je potrebno naglasiti da ne treba svim trans osobama jednaka zdravstvena skrb, što je često pogrešna pretpostavka medicinske struke. Primjerice, neke trans osobe se odluče na hormonsku terapiju, ali ne i na operativne zahvate, ili obratno, odluče obaviti pojedine operativne zahvate, ali ne počnu s hormonskom terapijom. Potrebno je voditi se informiranim pristankom te omogućiti osobi da sama za sebe odluči koji oblici skrbi su joj potrebni.
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Military members are no different than civilians in terms of the desires to have a life partner and have a satisfied marital life after marriage. However, the challenges faced by many military members and their families are different than those facing the civilian families by the sheer nature of their service. This study conducts an in-depth academic literature analysis regarding the impacts of the unique trials and tribulations that face military personnel on their marital dissatisfaction or dissolution. While an empirical hypothetical model to test whether factors such as length of deployment, number of deployments, post-traumatic stress disorder impact the military marital dissatisfaction is provided in this paper, there is no quantitative analysis conducted due to lack of access to relevant data.
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This study was aimed to analyze the Quality of Life of the elderly with regard to socio-economic conditions and psycho-social perspectives in Peshawar, Pakistan. In the present review, the focus has been made to examine the impacts of various predictors on the quality of life. A multiple indicator approach, which was based on PLS-SEM, was used to assess the impact of different psycho-socio-economic and demographic indicators on the psychological well-being of the elderly. Hypotheses were planned and evaluated for each dimension in the analysis. A self-administered questionnaire was used for data collection. Two standard inventories: Scale with Life Satisfaction and Rosenberg Self-esteem Scale were adopted and evaluated as a composite outcome measure “Quality of Life”, employing Partial Least Square Structural Equation Modeling technique. The coefficient in the model showed that Social Circle, Health and General Activity have a significant contribution to the Quality of Life. The findings of the study indicated that the relationship between the explanatory variables and outcome variable was strong in the model. All constructs collectively were accounted for 68% of the amount of variance in the construct of Quality of Life. The result exhibited that the Friends and Family construct was the strongest determinant for Quality of Life and Psychological wellbeing in the retired elderly.
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The article applies to cooking and eating, which also belong to the scope of social assistance, provided to people experiencing homelessness or at risk of homelessness. Food and kitchen facilities are marked by the status of their users and recipients. People who can almost exclusively rely on outside help eat either what they can get from others (by begging, by searching the rubbish bins) or what they receive from others (all forms of official and voluntary food supply). Products that are used to prepare meals, as well as the manner and place of their preparation, consumption or issuance, are marked by people who use this form of help. The more so because this kind of feeding is subject to many restrictions included, among others in laws, regulations and other state guidelines and in internal institutional regulations. In this context, the kitchen appears primarily as a practice securing the biological possibility of survival and satisfying hunger. However, you can also find examples when eating practices provide emotional and social support. The symbol of solidarity may be a meal offered by Food not Bombs or a kitchen – a common place, where “sharing yourself”, sharing emotions, and not just eating. The author shows the diversity of attitudes towards the kitchen, food and as nutrition, drawing examples from her own field research, conducted in 2009 in Lodz institutions specializing in helping people experiencing homelessness or being at risk.
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From the earliest times, the religious factor has said its word on several social systems. The social factor has been of great importance and relevance to the social construction of the communities as well as to the regulation of the various institutions I have chosen the ones that represent the interests of society. Among these institution is adoption, being one of the oldest law institutions. Adoption is a social phenomenon that has undergone changes that have been inevitable and a breakthrough in the turn of the century. This form of social protection of children, adoption, played a particularly important role in antiquity especially in the institutions of the Jews, the Assyrians, the Greeks, the Indians and the Romans, because the adopted person was perceived as the one to represent the perpetuation of the religious and political interests of the people, after the persons who approached the children died.
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While technology and business patterns are evolving at a very high pace, new markets are developing, and so are consumer preferences and expectations. Over the past 30 years, entertainment industries have become sectors with immense profits and sustainable growth, the children segment being the greatest contender. However, the multitude of options in terms of attractions to choose from is not always accompanied by strict knowledge of operational standards, thus creating an increase in the risk of injury that children are subjected to during their play-time. Despite the fact that most playground equipment’s are not properly certified or do not comply with the specific provisions, most cases remain inconclusive, due to lack of evidence arising from a knowledge gap that the authorities must cover. In case of playground accidents, the investigators need to be well aware and up to date with the regulations, not only to determine who to hold accountable, but also to be able to take the necessary control measures in order to reduce children play-related injuries.
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Family is a basic element of society structure which makes it a universal value in the whole world of people’s society irrespective of socioeconomic or political systems of any country. Being constantly a great universal value as a basic social group at the same time family is undergoing dynamic transformation courses mainly related to changing social customs. At the same time more and more unfavorable demographic tendencies, such as postponement of decisions concerning birth of the first child and low fertility rate, are observed. Taking in consideration all tendencies mentioned above one should emphasize the need for different kind of state actions bound for diversion or at least stopping the negative demographic phenomena. One of them is properly shaped family policy, which consists of different forms of legal, economic and social support of the State for the families. In the paper there have been presented some labour law instruments, supporting State family policy guidelines implementation. The author has mainly concentrated on those legal regulations, which have been amended in the past few years. These include legal solutions related to working time and work organization, maternity protection and leaves related to parenthood.
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Amicable division of property acquired in marriage may be the desire of spouses to their undetermined interests. This can happen during marriage and at point of dissolution of marriage. The focus of this paper is on amicable division of property acquired in marriage. But the agreement does not always reflect the free will of the contractor; usually it is the pressure of one spouse which leads to violation of the rights of another spouse. The analysis of consensual division leads to a conclusion that there is a need to amend the law regulating mandatory form of such an agreement. Amicable division of property acquired in marriage has two dimensions: the constitutionally guaranteed freedom of contract and equality of spouses and at the same time limits the freedom rights of third parties, in particular, freedom rights of public bodies. Therefore, amicable division of property acquired in marriage should always take the form of a court settlement. If the spouses have minor children or children over whom they have extended parental rights and guardianship, representative of authority should be present at the proceedings. The court should require that the parties make a statement, under civil and criminal liability, that they have no debts to third parties. If, however, parties do have debts to third parties, the said third party(ies) should submit statements confirming they are familiar with the agreement of the spouses, and that this agreement is not contrary to their interests. This would prevent abuse of the rights of spouses to amicably division. It is also important that the judge at the hearing carries out detailed examination in order to make sure that neither of the spouses was forced or tricked into concluding such an agreement. In legal theory and jurisprudence there are different possible interpretations of using the Paulian claim in canceling agreement on division of property acquired during marriage. Paulian claim is possible in these cases, but anyway, it is better to prevent a lawsuit being filed before the court by corroborating an agreement with participants and creditors.
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In this work the author analyzes two important principles of the Convention on the Rights of the Child: the best interest of the child and the child’s right to freely express its views. The relationship between these two principles is best reflected in divorce cases when the court has to pass a decision related to custody and maintaining of personal relations between the child and non-custodial parent. In practice, the problem arises in the situation when it is not clearly defined, that is, given as a legal standard, what represents the best interest of the child and when the expressing of child’s view depends on the assessment whether the child is capable of forming his own opinion. According to the Republic of Serbia Family Law this capacity is acknowledged to the child above the age of 10, while in all other cases it is the court or an administrative organ who decides on the child’s capacity to form his views. In divorce litigation, a child has the right to express his view under certain conditions, but he is not obliged to do so. In this work the author also analyses the position of the child in this proceeding. The child is not considered to be a party in the proceeding, only a privileged informant. In the conclusion, the author underlines the danger of possible manipulation of the child by his parents, since the child’s views can often be used as the evidence in the case in which the parents are in a conflicting situation. Therefore, the court should be allowed in all cases, not only in those involving the children under the age of 10, to assess whether the child’s participation in the proceeding is in his best interest. Not always the autonomy of the child and his rights are synonymous with his best interests.
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This paper addresses the topic of inheritance rights of the surviving spouse, by making reference to the special conditions required by law for the surviving spouse in order for him/her to be able to inherit, as well as the legal characteristics of the surviving spouse. Also, we shall list the inheritance rights of the surviving spouse and we will present the general inheritance right along with any of the classes of legal heirs, mentioning the share of the inheritance of the surviving spouse. The right of occupation of the surviving spouse will be made known and, at the same time, we will present the conditions required for the occurrence of this right, its legal characteristics, as well as general aspects regarding the special right over furniture and household objects.
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Vape detectors are installed at many US schools due to the increase in vaping amongst teenagers. The US Centers for Disease Control stated that E-cigarettes are not safe for teens as they may cause severe lung damage. In 2019, there was a national outbreak of e-cigarette product use-associated lung injury (EVALI), which led to the hospitalization of 2807 patients, 15% of which were 18 or younger. One teenage vaper needed dual lung transplants. Roughly 3.6 million middle school and high school students use E-cigarettes - are they unaware of the harmful health, disciplinary, and emotional repercussions from vaping? Do parents feel disappointment if they are notified from schools that their children have been caught vaping? Are vaping companies like Juul, who sells 75% of vaping products, marketing their E-cigarettes by concealing the health risks? JUUL is being sued by many states and school districts for misleading advertising. States have already banned JUUL’s sales of vaping products with fruity names. The recent COVID-19 pandemic prompted numerous teenagers to quit vaping as the coronavirus spreads by droplets, including saliva. Due to the higher risk of severe lung damage with the coronavirus and vaping, are more teenagers seeking cessation treatment? Although the Affordable Care Act provides coverage for temporary addiction treatment medication and family counseling, teenagers should be aware that it is not a magic solution for everything. Some teenagers hide vaping pens as medical treatment may cause a significant surcharge on annual insurance premiums.
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Everyone has the right to freedom of thought, conscience and religion. This right includes freedom to manifest one's religion or belief, in worship, teaching, practice and observance either alone or in community with others and in public or private. The conclusion of religious marriage is a ritual. It represents practice and, as such, is guaranteed by the provisions of the European Convention. In Bosnia and Herzegovina marriage is a community of life between a woman and a man, governed by the law. It is based on the principle of legality. From a formal-legal point of view, if the prescribed conditions are fulfilled, civil marriage produces legal consequences. Religious marriage, however, does not. Persons who have concluded only religious marriage can exercise rights if the laws of the state recognize the rights of informal communities of life. Thus, in FB&H, people who have concluded a religious marriage can exercise the rights of extramarital partners provided that they fulfill the conditions needed to enter into an extramarital union. However, having in mind that the rights and freedoms set forth in the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols shall apply directly and have priority over all other law in Bosnia and Herzegovina, the competent state authorities of the FB&H should amend the provisions that do not allow conclusion of religious marriage before the civil marriage. The amendments should allow conclusion of religious marriage as a religious ceremony, with the emphasis that the religious ritual does not imply rights (and obligations) in the way that civil marriage does. Individuals interested in the conclusion of a religious marriage should be clearly and unambiguously aware of the fact that religious marriage does not in itself produce legal consequences. If they still opt for religious marriage, they should not be restricted. After all, citizens should be aware of the consequences of using and enjoying their rights and freedoms. Furthermore, bearing in mind international, regional and national normative solutions, as well as the court's practice, punishing religious officers is not necessary in a democratic society. It is very difficult to prove that punishment is in the interests of public safety, for protection of public order, health or morals, or for the protection of the rights and freedoms of others. It is necessary to ensure that citizens enjoy Convention’s rights and freedoms. Namely, for many people, marriage is not valid if it is not received appropriately by a religious institution. The purpose and function of the secular law governing the issue of marriage should not be defeated by not leaving the possibility of performing a religious ceremony. The fact that religious marriage will not produce legal consequences goes to the detriment of the spouses. Aware of the risks, they will be able to exercise another right — the right to freedom of thought, conscience and religion. Having in mind the fact that everyone has the right to freedom of thought, conscience and religion, responsibility for not enjoying some rights should be removed from the state. State should allow individual to manifest his or her religion in practice. Aware of the risks, individuals should decide and make their choices: legal consequences or religious ritual. In that sense it is necessary to transfer responsibility from the state to the citizen. Only then, with the responsible individuals, aware of the consequences of their choices, can we secure a democratic society and the rule of law.
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Türkiye’den İtalya’ya gerçekleşen göç dalgasını, aşağıda ayrıntılı olarak incelenensebeplerden ötürü, derinlemesine analiz eden araştırma sayısı oldukça azdır. Buçalışma literatürdeki bu boşluğu, yalnızca adı geçen göç dalgasını derinlemesineinceleyerek değil, aynı zamanda göç deneyiminin aile yaşantısı üzerindeki etkilerinianaliz ederek doldurmayı hedeflemektedir.
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On the issue of combating the insidious and dramatic phenomenon of family and gender violence, Istanbul Convention can be considered the first legally binding instrument in the international context. It introduces a system of rules aimed at the protection of women and minors against all forms of violence, which is complete and attentive also in terms of promoting the culture of equality, stigmatizing any discrimination based on sex. The objectives of the text have been summarized in the "3 P": "Prevention, Protection of victims and Prosecution of Offenders". In each of these three areas (prevention, protection of victims, and prosecution of guilty) the Convention indicates various measures of a specific nature that States are called upon to implement.
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In 2011, 11 May, Council of Europe Convention on preventing and combating violence against women and domestic violence was signed in Istanbul and Turkey was the first country to sign the Convention which entered into force in 2014, August, by the initiatives of ruling government of Justice and Development Party. The Convention, which is the first binding document on violence against women and domestic violence in the international arena, redefines certain concepts such as woman, domestic violence, violence against woman and gender. This redefinition brought about certain legal amendments and the most prominent one was the No 6284 Law on Protection of Family and Prevention of Violence Against Women. While many feminist NGOs and groups, by drawing attention to the historical and traditional context of the violence, construe the convention as a step towards support and remedial the women’s rights, and supported the Convention, for some conservative groups the Convention became the potent symbol attacks to family institution through the intervening years. Hence, during the writing process of this article, on March 22, 2021, Turkish Republic declared unilateral cancellation by a presidential decree. Yet still, the debates go on. This paper intends to analyze the arguments of conservative groups on the Convention.
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In Romania, social assistance is the totality of measures taken by the state, the Church and other non-governmental organizations to support people in special situations of difficulty due to poor mental or physical conditions such as chronic diseases, accidents, natural disasters, age and others, in order to overcome the state of difficulty. Social assistance in the form of social policies and the implementation of these actions in the territory is done by applying legislative regulations, which focus on people in difficulty. The social assistant worker must know the main forms of the social assistance system, is the most important normative acts of the moment and the institutions that deal with their provision. According to Father Stăniloae “deeds are the manifestations of the loving relationship between person and person” (Stăniloaie 2003, 244). The importance of good works is based on the conception of God and man as personal realities.
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