children’s rights

The Child Care, Protection, and Justice Act regulates the care and protection of children, including regulation of: the responsibilities and rights of parents; the role of local authorities; prohibiting harmful practices; procedures when children are accused of crimes; establishment of a child justice court system; and general child welfare. Under Section 78, no child can be taken without the consent of a parent of custodial figure. Punishment for such a crime is up to 10 years imprisonment.

The 1998 Act prohibits trafficking of children for the purposes of sexual exploitation.

This Act provides that the Welsh Ministers must grant childcare funding for qualifying children of working parents.  The Childcare Offer allows most working parents of three and four-year-old children to claim funds towards the cost of childcare for up to 30 hours a week, 48 weeks per year. The statute defines a qualifying child as a child located in Wales and within compulsory school age (Section 1.3), and empowers the Welsh Ministers to enact additional regulations further specifying the administration and qualifications under this Act.  Sections 1.7; 2.

Under the Civil Code, same-sex marriages are prohibited. In case of a divorce by mutual consent, the marriage can be dissolved if over a year has elapsed, the spouses have made a contract regarding divorce consequences, and they have full active legal capacity. If a couple has children, they have equal rights and duties as parents, regardless of whether they were married, divorced, or separated. A parent cannot surrender their rights or responsibilities over underage children.

Article 181 of this Code prohibits all practices enabling early or forced marriage of girls under 18 years of age, including by coercion, psychological pressure, emotional blackmail, or social pressure. Anyone who arranges such a marriage is liable to imprisonment for up to 10 years and a fine (Article 375).  In addition, Article 331 of the Code provides that any individual who by tradition or custom is responsible for the pregnancy of a minor girl can be sentenced for up to two years imprisonment and is liable for a fine.

The President approved the creation of the National Commission of Audit and Prevention of Deaths of Mothers, Newborns and Infants in March 2012. This commission was established to contribute to the reduction of maternal and infant mortality by investigating maternal death, defining appropriate evidence-based interventions and recommending corrective actions.

The 2012 Act makes it an offence to withhold information, without reasonable excuse, about certain offences against children and vulnerable adults from the Garda Síochána (Sections 2 and 3).  These ‘certain offences’ include, inter alia, murder, assault, false imprisonment, rape, sexual assault, and incest.

The 2008 Act, which amends the 1998 Child Trafficking and Pornography Act (available here) among other legislation, defines trafficking as when a person, in relation to another person, “(a) procures, recruits, transports or harbours the person, or (i) transfers the person to, (ii) places the person in the custody, care or charge, or under the control, of, or (iii) otherwise delivers the person to, another person, (b) causes a person to enter or leave the State or to travel within the State, (c) takes custody of a person or takes a person— (i) into one’s care or charge, or (ii) under one’s c

The Criminal Law (Sexual Offences) Act 2017 gave effect to European Council Directive No. 2011/93/EU of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography.

While intoxicated, the defendant committed lewd acts against a minor (under 14 years old) by forcing her to expose herself and photographing her naked. He also took the photographs, which were recognized as a pornographic product. According to the courts of the first and second instance, the illegal actions qualified as corruption of a minor (Article 156 of the Criminal Code of Ukraine) and the production of child pornography for which he was sentenced to seven years of imprisonment.