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Children's rights

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220

قانون منع الاتجار بالبشر رقم 9 لسنة 2009 (Anti-Human Trafficking Law No. 9 of 2009)

Article 8 provides that traffickers of adults over 18 are subject to a sentence of not less than six months, a fine of 1,000 – 5,000 (JD), or both. Human trafficking crimes for this purpose are defined in Article 3 (A)(1) to include coercion, threat or force, or through giving or receiving gifts or privileges to secure consent.

ກົດໝາຍວ່າດ້ວຍ ຄອບຄົວ (ສະບັບປັບປຸງ) (Family Law (Revised))

The law defines matrimonial and family relationships and sets out protections of mothers’ and children’s interests in family life and upon divorce. The law establishes that men and women have equal rights in all aspects pertaining to family relationships and have freedom to marry upon reaching the age of marriage. The law provides that marriage should be entered into on the basis of mutual consent.

家庭暴力防治法 (Domestic Violence Prevention Act)

The Domestic Violence Prevention Act (the “DVPA”) was established in order to prevent acts of domestic violence and to protect the interests of victims. The DVPA defines domestic violence offenses and the family members who might be implicated, specifies the responsibilities and tasks of the various competent authorities, and governs issues such as civil protection orders, criminal procedure, the interests of any minors involved, protection of and support for victims, and educational and prevention measures. Breaches of the DVPA will result in the imposition of a fine or imprisonment.

平成24年(ク)984 (2012 (Ku) No. 984)

In this appeal, a child born to unmarried parents appealed the High Court’s finding that a relevant part of the proviso to Article 900.4 of the Japanese Civil Code was not inconsistent with Article 14.1 of the Constitution of Japan, prohibiting discrimination based on race, belief, sex, social status, or lineage.  The proviso set forth that the statutory share in inheritance of a child born out of wedlock is half of that of a child in wedlock.

平成29年(受)2015 (2017 (Ju) No. 2015)

This case concerns the custody of a Japanese couple’s son who was born and raised in the United States until the mother, without the father’s consent, took him to Japan when he was 11 years old.  Pursuant to the Japanese implementation of The Hague Convention on the Civil Aspects of International Child Abduction, the father, who was still based in the U.S., petitioned for the return of the son to the U.S.  A family court in Tokyo granted the petition.  However, the attempt to enforce the order of the court failed as the mother strongly resisted when a court execution officer

未成年人保护法 (Law of the People’s Republic of China on Protection of Minors 2020)

The Law on Protection of Minors was enacted to protect the physical and mental health of minors and to ensure their legal rights and interests. Article 3 of the Law stipulates that minors shall have the right to survival, development, protection, and participation and that minors, regardless of gender, shall enjoy these rights equally under the law.

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