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Children's rights

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AA v. Fiscalía General de la Nación, Caso No. 359/2013

The Trial Court sentenced the accused (AA) to four years in prison for aggravated sexual abuse of a minor (BB). AA and the mother of BB had a common law marriage. AA had been sexually abusing BB since she was eight years old and started raping her when she turned 11.  At age 14, BB became pregnant as a result of rape committed by AA.  BB’s mother discovered AA’s abuse and filed the criminal complaint.

Adoption (Amendment) Act 2017

The 2017 Act amends and extends the law in relation to the adoption of children and made conforming amendments to other legislation.  Among other things, the Act, in conjunction with the Children and Family Relationships Act 2015 (available here), enables adoption by same-sex couples. The Act, in particular, amends use of heterosexual phrases in legislation, introducing more neutral terminology for words such as “parent” and “relative” (Section 3).

Apsaugos nuo smurto artimoje aplinkoje įstatymas (Protection Against Domestic Violence Act)

This Act aims to protect any persons who are victims of domestic violence, including persons having a common household. It also defines “violence” as “intentional physical, mental, sexual, economic, or other influence exerted upon a person by act or omission, due to which the person suffers physical, material, or non-pecuniary damage.” Under the Act, victims do not have to submit a private complaint, but public prosecutors must charge the offenders.

Ayotte v. Planned Parenthood of Northern New England

The respondents were an obstetrician/gynecologist and three reproductive health service clinics. They challenged a New Hampshire  law that required minors to get parental consent before procuring an abortion on the grounds that the law did not provide an emergency health exception despite subjecting minors to significant health risks. The law only outlined an exception for the purpose of saving a minor’s life.

Baby A and The Cradle-The Children Foundation v. Attorney General, Kenyatta National Hospital, and the Registrar of Births and Deaths

Baby “A” was born with both male and female genitalia. Kenyatta National Hospital issued the baby’s mother with various documents used in the process of carrying out genitogram tests, x-rays, and scans on the baby, and a question mark was entered in the column indicating the child’s sex. To date, the child has never been issued a birth certificate. The petitioners requested a declaration of the court that the Constitution protects and recognizes intersex children.

Bachpan Bachao Andolan v. Union of India & Others

In Bachpan Bachao Andolan v. Union of India & Others, the non-governmental organization Bachpan Bachao Andolan petitioned the Supreme Court of India to address the use of child performers in traveling circuses. A study revealed that children were being trafficked from Nepal or taken from their homes, forced to work as child laborers, and subjected to mental, physical, and sexual abuse.

Bangladesh National Women Lawyers Association v. The Cabinet Division

In an application under Article 102 of the Constitution, the Bangladesh National Women's Lawyers Association (BNWLA) petitioned the Supreme Court of Bangladesh (High Court Division) to address the exploitation and abuse endured by child domestic laborers in Bangladesh. The BNWLA argued that child domestic workers are subjected to economic exploitation, physical and emotional abuse, and the deprival of an education in violation of their fundamental constitutional rights. In support of these arguments, it presented multiple reports of extreme abuse suffered by child domestic workers.

Barriya v. The Kadi of the Sharia Moslem Court

The aunt of three children applied to a Moslem Religious Court to be appointed as their guardian. The children’s mother argued that she was entitled to the guardianship under the Women’s Equal Rights Law. The mother, believing that the religious judge (the Kadi) would apply religious law and disregard the Women’s Equal Rights Law, applied for an order staying or setting aside the proceedings of the religious court. The court held that the issue was not ripe for review, as there was no indication that the Kadi would disregard civil law and rely only upon religious law.

Bundes-Verfassungsgesetz (B-VG) (Federal Constitutional Act)

Article 7(1) states that all citizens are equal before the law and prohibits sex-based privileges (among other factors). Article 7(2) states that the federal government and all federal  states and municipalities affirm actual equality between women and men. It further stresses that measures to achieve factual equality between women and men are legal. Regarding job titles or academic titles, Article 7(3) requires that the gendered nouns in those titles reflect the gender of the respective holder are in accordance with law.

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