Specific laws
Law on abduction and human trafficking of afghanisthan.
Regulation on regulating juveniles rehabilitation centre.
General laws
Constitution of afghanistan: a. 43, a.52.
Articles, conventions, strategy plans
Specific Law for Child Rights
General laws with specific provisions for Child Rights
Article 1 (3) c – Comprehensive health care for mother and child
Article 4 (4)- Health care for students
Law of Criminal Procedure 2001
Article 13: Investigation and trial of offenses committed by juvenile offenders, including girls, shall be conducted in accordance with the relevant laws and regulations.
Chapter X- Employment of Juveniles and women
Child’s code (December 8th 2015)
Relating to the conditions of movement of minors and repression of child trafficking in the Republic of Benin. (April 10th 2006)
The status of child and adolescents (No 50-8/2013)
- Replaced the Young Offenders Act
- Governs the youth justice system for young people aged 12-17
Child protection is legislated by province / territory
- Alberta
Child, Youth and Family Enhancement Act 2004.
- British Columbia
Child, Family and Community Service Act 2000.
- Manitoba
Child and Family Services Act 1985. / Child and Family Services Authorities Act 2003.
- New Brunswick
The Family Services Act 1980.
- Newfoundland and Labrador
Children and Youth Care and Protection Act 2011.
- Northwest Territories
Child and Family Services Act 1998.
- Nova Scotia
Children and Family Services Act 1990.
- Nunavut
Child and Family Services Act 1998.
- Ontario
Child, Youth and Family Services Act replaced the Child and Family Services Act in 2018.
- Prince Edward Island
Child Protection Act 1988.
- Quebec
Youth Protection Act 1984.
- Saskatchewan
Child and Family Services Act 1990.
- Yukon
Child and Family Services Act 2010.
No dedicated law for children
Law of the People’s Republic of China on the Protection of Minors
Law of the People’s Republic of China on Prevention of Juvenile Delinquency
Compulsory Education Law of the People’s Republic of China
Adoption Law of the People’s Republic of China (1998 Amendment)
Constitution of the People’s Republic of China
——Chapter Two the Fundamental Rights and Duties of Citizens
Marriage Law of the People’s Republic of China
——Chapter Three Family Relations
Criminal Law of the People’s Republic of China
——Article 244，260，261，262，301，347，353，358，364
Provisions on the Administration of Programs for Minors
Provisions on the Cyber Protection of Children’s Personal Information
Specific laws for Child Rights
- Act on family of the Czech Republic（No. 94/1963 Sb.）
- Act on Higher Education Institutions including amendments to some other acts (the Higher Education Act) (No. 111/1998 Coll.)
- Social and Legal protection of Children Act (No. 359/1999 Coll.)
- Act on the exercise of Institutional Education and Protective Care in School Facilities and on Preventive Educational Care in School Facilities (No.109/2002 Coll.)
- Act on juvenile courts (No. 218/2003 Coll.)
- Act on Pre-primary, Basic, Secondary, Tertiary Professional and Other Education (the Education Act) (No.561/2004 Coll.)
- Act on Providing Care of Children in a Children´s Group (No.105/2004 Coll.)
- Decree on Pre-primary Education (No.4/2005 Coll.)
- Decree on Basic Education and some Requirements for Compulsory School Attendance(No.48/2005 Coll.)
General laws with specific provisions for children
- Act on Civil Procedure Code, as amended (No. 99/1963 Coll.)
- Civil Code, as amended (No. 40/1964 Coll.)
- the Czech Republic Charter of Fundamental Rights and Freedoms (No. 2/1993 Coll.)
– Article 3
Fundamental human rights and freedoms are guaranteed to everybody irrespective of sex, race, color of skin, language, faith, religion, political or other conviction, ethnic or social origin, membership in a national or ethnic minority, property, birth, or other status.
– Article 7
No one may be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
– Article 24
The national or ethnic identity of any individual shall not be used to his or her detriment.
– Section 168 Trafficking in Human Beings
(1) Whoever forces, procures, hires, incites, entices, transports, conceals, detains, or consigns a child to be used by another for
a) sexual intercourse or other forms of sexual abuse or harassment, or for production of pornographic works,
b) extraction of tissue, cell, or organs from his/her body,
c) service in the armed forces,
d) slavery or servitude, or
e) forced labour or other forms of exploitation, or who profits on such a conduct, shall be sentenced to imprisonment for two to ten years.
– Section 169 Entrusting a Child to Another Person
1) Whoever entrusts for a consideration a child to another person for the purpose of adoption or for another similar purpose, shall be sentenced to imprisonment for up to three years or to prohibition of activity.
– Section 190 Prostitution Threatening Moral Development of Children
(1) Whoever practises prostitution near a school, educational or other similar facility or location which is reserved or designated for the residence or visiting of children, shall be sentenced to imprisonment for up to two years.
(2) Whoever organises, guards, or provides prostitution near a school, educational or other similar facility or location which is reserved or designated for the residence or visiting of children by any other means, shall be sentenced to imprisonment for up to three years, to prohibition of activity or to confiscation of a thing or other asset value.
– Section 193 Abuse of a Child for Production of Pornography
(1) Whoever handles photographic, film, computer, electronic or other pornographic works, displaying or otherwise using a child or a person that appears to be a child, shall be sentenced to imprisonment for up to two years.
(2) Whoever produces, imports, exports, transports, offers, makes publicly available, provides, puts into circulation, sells or otherwise procures photographic, film, computer, electronic or other pornographic works that display or otherwise use a child or a person that appears to be a child, or whoever exploits such pornographic works, shall be sentenced to imprisonment for six months to three years, to prohibition of activity or to confiscation of a thing or other asset value.
(3) An offender shall be sentenced to imprisonment for two to six years or to confiscation of property, if he/she commits the act referred to in Sub-section (2)
a) as a member of an organised group,
b) by press, film, radio, television, publicly accessible computer network, or in other similarly effective way, or
c) with the intention to gain substantial profit for him-/herself or for another.
(4) An offender shall be sentenced to imprisonment for three to eight years or to
confiscation of property, if he/she commits the act referred to in Sub-section (2)
a) as a member of an organised group operating in more states, or
b) with the intention to gain extensive profit for him-/herself or for another.
– Chapter IV Crimes Against Family And Children (Section 194 to Section 204)
Other relative acts/legislations
- Act on state social support, as amended (No. 117/1995 Coll.)
- Residence of Aliens in the Czech Republic and amending certain Acts (No.326/1999 Coll.)
- Act on temporary protection (No. 221/2003 Coll.)
- Act on social services, as amended (No. 108/2006 Coll.)
- Act on subsistence minimum, as amended (No. 110/2006 Coll.)
- Act on Assistance in Material Need (No.111/2006 Coll.)
- The Labour Code (No. 262/2006 Coll.)
- Act on measures aimed at protection against harm caused by tobacco products, alcohol and other addictive substances and amendments to related acts (No. 379/2005 Coll.)
Specific laws for Child Rights
Prevention of Delinquency 2007
It is expressly prohibited to employ minors under the age of eighteen in the preparation, handling, or sale of written material, posters, drawings, and other materials whose sale, supply, exhibit, display, or distribution are contrary to public morality and constitute a criminal offense. Employing young people under the age of eighteen in certain dangerous jobs is also prohibited.
As for the employment of children under school-leaving age in the entertainment industry, they may not be employed by fixed or itinerant entertainment companies or in radio or television unless they have received an authorization in advance from the competent administrative authority. Written authorization from the child’s legal representative must be attached to the employer’s application for authorization.
Agencies wishing to employ child models must also apply in advance for an authorization from the competent administrative authority, unless the agency has been approved and granted a general license for hiring child models. A decree has set forth the conditions under which approval is granted and the maximum amount of time the child may work per day and per week.
As a general rule, minors under eighteen cannot work more than seven hours a day and thirty-five hours a week. In addition, those over the age of sixteen may not work between the hours of 10:00 pm and 6:00 am; minors under sixteen may not work between 8:00 pm and 6:00 am. Laws prohibiting child employment are strictly enforced through periodic checks by labor inspectors who have the authority to take employers to court for non-compliance with labor laws.
France recruits only volunteers aged at least 17 who have been informed of the rights and duties involved in military service and that the enlistment of recruits under the age of 18 is valid only with the consent of their legal representatives.
General laws with provisions for Child Rights
Children under the age of six are evaluated by team of pediatricians, nurses, psychologists, and social workers in theCentres deProtection Maternelle et Infantile.A decree provides for a number of mandatory medical visits: nine during the first year, one of them to take place within eight days of birth, one during the ninth or tenth month, three between the thirteenth month and the twenty-fifth month, and finally two for each of the next four year. When parents fail to bring their children in for regular checkups, social workers are dispatched to the family home.
After the age of six, children’s health is monitored by school health services. Mandatory physical and psychological checkups take place when the children are ages six, nine, twelve, and fifteen. In addition to monitoring children’s health, schools also have the responsibility to educate children on health issues including, for example, nutrition, sexual education, and addictions (drugs, alcohol, & tobacco).
Minors, where they are of sufficient maturity, must be informed of their medical treatment and participate in the decision-making process. The consent of the parents or legal guardian is also necessary. When a minor refuses a medical treatment that would save his life, however, the juvenile justice judge may enter an order to force him to undergo the treatment.
Minors have access to contraceptives without the consent of their parents. Family planning centers are authorized to deliver to minors anonymously and at no cost certain medicines or contraceptives. A minor may request an abortion without parental consent. In such a case, she must be accompanied by an adult of her choice.
France has a dual system of child welfare. Social welfare is the responsibility of the local authorities (social services, early childhood health services, and child protection services), while judicial juvenile protection is the responsibility of the central government.
Benefits are paid for dependent child until the age of sixteen, when the period of compulsory schooling ends. They are extended until the age of twenty for children who do not work or whose income does not exceed fifty-five percent of the statutory minimum wage.
The Constitution proclaims that the nation guarantees equal access of children and adults to education, vocational training, and culture. Public schooling is provided free through the age of eighteen, and education is compulsory for children between the ages of six and sixteen
Promoting Equal Rights and Opportunities, Participation, and Citizenship for Disabled Persons, 2005 proclaims the right to education of disabled children and the responsibility of the state to ensure them an uninterrupted education. Children with special educational needs are educated in mainstream classes alongside with their peers wherever possible, to better prepare them to participate in society. They are schooled in special classes within mainstream schools or part-time or full-time in special schools when it is not possible to educate them in mainstream schools.
Rape: The penalty is increased from fifteen years’ imprisonment to twenty years in cases where the rape is committed on a minor under the age of fifteen
Sexual assault: It consists of any sexual infringement committed with violence, constraint, threat, or surprise. The penalty is increased from five years’ imprisonment and a €75,000 (about U.S. $102,750) fine to seven years’ imprisonment and a €100,000 (about U.S. $137,000) fine when committed on a minor less than fifteen years of age
Indecent assault: Performing without violence, constraint, threat, or surprise, a sexual assault on the person of a minor less than fifteen years old is punishable by five years’ imprisonment and a fine of €75,000. This offense is punishable by ten years’ imprisonment and a €150,000 fine when committed by an ascendant relative, by any person having authority over the victim, or when the minor has been put in contact with the perpetrators of the act by the use of a telecommunication network for the dissemination of messages intended for the general public. Indecent assault performed on a minor over fifteen years old is punishable by two years’ imprisonment and a €300,000 fine when committed by an ascendant relative or by any person having authority over the victim.
Corruption of a minor: Encouraging or attempting to encourage the corruption of a minor is punishable by five years of imprisonment and a €75,000 fine. These penalties are raised to seven years’ imprisonment and a fine of €100,000 when the minor is less than fifteen years old; when the minor has been put in contact with the perpetrators of the act by the use of a telecommunication network for the dissemination of messages intended for the general public, or when the conduct occurs inside a scholastic or educational establishment or, at a time when students are entering or leaving, in the vicinity of such an establishment.
The Penal Code contains provisions on trafficking of person kidnapping, concealment and confinement of children, and the substitution of one child for another.
Taking, recording, or transmitting a picture or representation of a minor with a view to circulating it, where that image or representation has a pornographic character, is punished with five years’ imprisonment and a fine of €75,000. The same penalty applies to offering or distributing such a picture or representation by any means, and to importing or exporting it, or causing it to be imported or exported.
Determination of nationality of children
Adoption policies
Consequences of divorce for children
Provisions related to parentage
Educational assistance for children
Juvenile justice system
Minority, Guardianship and Emancipation
Inheritance
The Children Act (2005)
Specific Laws for Child Rights
Briefing on the German Child Protection System
-Obligation to maintain: Section1601-1615
-Special provisions for the child and its parents who are not married to each other: Section1615a-n
-Legal relationship between the parents and the child in general: Section1616-1625
-Parental custody: Section1626-1630
-Adoption of minors: Section1714-1766
Chapter13Sexual abuse of children: Section176 a-b
Media,Post,Information and Data Statutes
Protection of Young Persons
-Act regulate the dissemination of writings and media contents harmful to young persons
-Youth Protection Act
-Guidelines issued by the Land Media Institutes on ensuring protection for young persons
Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction
Part 3 Proceedings in Parent and Child Matters
-Section157: Discussion of Endangerment to the Best Interests of the Child; Interlocutory Order
-Section158: Guardian ad litem for Minors (Verfahrensbeistand)
-Section159: In-person hearing of the child
Adoption Placement Act (Adoptionsvermittlungsgesetz-AdVermiG)
-Section10: Information of the central adoption office of the Land youth welfare office
-Section11: Task of the central adoption office of the Land youth welfare office
-Scetion12: Investigations in case of children in institutions
Act to Promote Youth Voluntary Services
Summary
According to the German laws and regulations on the protection of children and adolescents collected above, it is summarized as follows:
As a civil law country, Germany is famous for its rigor and foresight. In the field of the protection of the rights of children and adolescents, Germany has made corresponding provisions through six parts: the Civil Code, the Criminal Code，Media、Post、Information and Data Statutes, Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction, Adoption Placement Act ,Youth Courts Act and like this.
The first bright spot and worthy of reference is: The German criminal law chapter13, Section 176 (Sexual abuse of children), paragraph 4: influences a child by showing pornographic images or depictions, by playing pornographic audio recordings, making pornographic content available by way of information and communication technologies or pornographic speech, punishable by a penalty of imprisonment for a term of between three months and five years. The behavior sanctioned by this regulation is also a social phenomenon in reality (such as the “N” room incident in South Korea) and one of the hot issues of international child protection: online sexual seduction of children. That is to say, different countries have certain differences in the identification of this act. Germany considers this act as sexual abuse. Germany’s practice in this respect is worth learning and drawing lessons from all countries.
The second bright spot is the special chapter in Germany’s media, postal, information and data laws that provides protection for young people. Media consumption, especially the short video and online games becoming more diverse, means that is likely to be for teenagers and children’s intellectual and moral have a negative impact, therefore, our country and even each country shall be for the media (particularly the Internet), mobile applications and information such as book publishing media to conduct a comprehensive and moderately, to better protect the rights of teenagers.
The third highlight is that the protection of adolescents in Germany is not limited to traditional legal departments such as Civil law and Criminal law, but also has made more comprehensive provisions in the fields of voluntary service and adoption.
It is the duty-bound obligation of every country and every citizen to actively promote and advocate the attention and protection to the physical and mental health of children and adolescents, creating a good environment conducive to the growth of children, and improve the corresponding laws and regulations
The children’s act, 1998 (act 560)
Juvenile justice act, 2003 (act 653)
Specific laws related to Child Rights
Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (Amendment in 2016)
Juvenile Justice (Care and Protection of Children) Act (Amendment, 2006)
Protection of Children from Sexual Offences Act, 2012
Prohibition of Child Marriage Act, 2006
The Right of Children to Free and Compulsory Education Act, 2009
The Pre- Conception & Pre- Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 2002
General laws with specific provisions for children
Constitutional Provisions :
Preamble Commitment: Justice, liberty, equality, & fraternity for all the citizens including children are the main purpose of the Constitution.
Article 14: Equality before law & equal protection of laws. It is available to every person including children.
Article 15 (3): empowers the State to make special legal provision for children. It makes mandate to the government to ensure children’s welfare constitutionally.
Article 21: it mandates free & compulsory education for all the children in the age group of 6- 14 yrs.
Article 23: puts total ban on forced labour & is punishable under the Act.
Article 24: prohibits employment of children in hazardous factories below the age of 14yrs.; e.g.: mines, match industries etc.
Article 51 A clause (k) & (j): the parent or the guardian to provide opportunities for education to his child or as case may be ward between the age of 6- 14 yrs.
Directive principles in Constitution of India also provide protection for the children such as:
Article 39 (e)- the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength.
Article 39 (f)- that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.
Article 45- The State shall endeavor to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.
Section 82 -Nothing is an offence which is done by a child under seven years of age
Section 83 -Nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion
Section 89 -Nothing which is done in good faith for the benefit of a person under twelve years of age, or of unsound mind, by or by consent, either express or implied, of the guardian or other person having lawful charge of that person, is an offense by reason of any harm which it may cause, or be intended by the doer to cause or be known by the doer to be likely to cause to that person.
Section 317- Whoever being the father or mother of a child under the age of twelve years, having the care of such child, shall expose or leave such child in any place with the intention of wholly abandoning such child, shall be punished with imprisonment of either description for a term which may extend to seven years; or with fine, or with both.
Section 361- Whoever takes or entices any minor under sixteen years of age if a male, or under eighteen years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship.
Section 363A- (1) Whoever kidnaps any minor or, not being the lawful guardian of a minor, obtains the custody of the minor, in order that such minor may be employed or used for the purpose of begging shall be punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
(2) Whoever maims any minor in order that such minor may be employed or used for the purposes of begging shall be punishable with imprisonment for life, and shall also be liable to fine.
(3) Where any person, not being the lawful guardian of a minor, employs or uses such minor for the purposes of begging, it shall be presumed, unless the contrary is proved, that he kidnapped or otherwise obtained the custody of that minor in order that the minor might be employed or used for the purposes of begging.
Section 366A- Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.
Section 372- Whoever sells, lets to hire, or otherwise disposes of any person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall be liable to fine.
Section 373-of the above legislation states that whoever buys, hires or otherwise obtains possession of any person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, of knowing it to be likely that such person will at any age be employed or used for any purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Section 30(i) -liabilities of a minor who is entitled to the benefits of a partnership. Sub-section (1)[ii] the minor cannot in any case be a full-fledged partner in a partnership, but can only be admitted to the benefits of a partnership by consent of all the partners. Further, the section talks about the position of minor vis-à-vis the partnership post attainment of majority. Furthermore, the said section also deals with the extent to which a minor can be made liable with regard to “acts of the firm”
Under sub-section (6), the burden of proving that the minor did not have knowledge that he was in fact entitled to the benefits of partnership rests with the party asserting the same. If the person asserting so is the minor himself, then he would have the onus to prove the same in accordance with Section 106 [l] and if it is someone else then Section 101 [li] and Section 103 [lii] will throw the onus on him.
Under sub-section (7), clause (a), the minor, who has either chosen to continue as a full-fledged partner post attainment of majority or fails to signify his will to repudiate under sub-section (5), becomes a full-fledged partner and such a minor can be held liable for not only the debts incurred by the partnership after his becoming a partner, but also the ones which had been incurred ever since he was entitled to benefits of the partnership
Other laws with Child Rights provisions
Persons with Disabilities Act, 1995
Chapter V- According to chapter V, children with disabilities should be provided free education by the appropriate government. The government must take steps to integrate children with disabilities into regular schools, but also make space for special schools that cater expressly to the needs of these children. In addition to the basic education schools, government are also required to make non-formal education programmes for children with disabilities that help attain literacy, rejoin school, impart vocational training, and provide them with free books and educational material. Teachers need to be specially trained to educate and see to the needs of children with disabilities. The government must also set up schemes that provide children with disabilities grant and scholarships and also provide funds for making buildings disabled friendly. Educational institutions are also required to provide visually challenged students with aids who will write for them.
Transplantation of Human Organs Act, 1994
The Orphanages and Other Charitable Homes (Supervision and Control) Act, 1960
Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989
The Immoral Traffic (Prevention) Act, 1956
Specific laws related to Child Rights
- Child Welfare Act (Act No. 164 of December 12, 1947)
- Maternal Health Act (Act No. 156 of July 13, 1948)
- Juvenile Act (Act No. 168 of July 15, 1948)
- Juvenile Court Act (Act No.169 of July 15, 1948)
- 社会教育法（昭和24年年（1948年年）6⽉月10⽇日法律律第207号）
- Public Assistance Act (Act No. 144 of May 4, 1950)
- 義務教育費国庫負担法(昭和27年年（1952年年）8⽉月8⽇日法律律第303号)
- 特別⽀支援学校への就学奨励に関する法律律（昭和29年年（1954年年）6⽉月1⽇日法律律第144号）
- 学校給⻝⾷食法（昭和29年年（1954年年）6⽉月3⽇日法律律第160号)
- 就学困難な児童及び⽣生徒に係る就学奨励についての国の援助に関する法律（昭和31年（1956年）3月30日法律第40号）
- 特別⽀支援学校の幼稚部及び⾼高等部における学校給⻝⾷食に関する法律（昭和32年(1957年）5月20日法律第118号）
- 児童扶養⼿手当法（昭和36年(1961年年）11月29日法律第238号）
- 特別児童扶養⼿手当等の⽀支給に関する法律律（昭和39年年(1964年年）7⽉月2⽇日法律律第134号）
- ⺟母⼦子保健法（昭和40年年(1965年年）8⽉月18⽇日法律律第141号）
- 児童⼿手当法（昭和46年年(1971年年）5⽉月27⽇日法律律第73号）
- 少年年の保護事件に係る補償に関する法律律（平成4年年（1992年年）6⽉月26⽇日法律律第84号）
- 児童買春、児童ポルノに係る⾏行行為等の規制及び処罰並びに児童の保護等に関する法律（平成11年年(1999年年)5⽉月26⽇日法律律第52号）
- Act on the Prevention, etc. of Child Abuse（Act No. 82 of May 24, 2000）
- Act on the Prevention of Spousal Violence and the Protection of Victims (Act No. 31 of April 13, 2001)
- ⼦子どもの読書活動の推進に関する法律律（平成13年年（2001年年）12⽉月12⽇日法律律第154号）
- インターネット異異性紹介事業を利利⽤用して児童を誘引する⾏行行為の規制等に関する法律律（平成15年年（2003年年）6⽉月13⽇日法律律第83号）
- 次世代育成⽀支援対策推進法（平成15年年（2003年年）7⽉月16⽇日法律律第120号）
- ⺟母⼦子家庭の⺟母の就業の⽀支援に関する特別措置法（平成15年年（2003年年）7⽉月24⽇日法律律第126号）
- 少⼦子化社会対策基本法（平成15年年（2003年年）7⽉月30⽇日法律律第133号）
- Basic Act on Education （Act No. 120 of December 22, 2006）
General laws with specific provisions for children
– Article 23 Academic freedom is guaranteed.
– Article 24 Marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation with the equal rights of husband and wife as a basis.
– With regard to choice of spouse, property rights, inheritance, choice of domicile, divorce and other matters pertaining to marriage and the family, laws shall be enacted from the standpoint of individual dignity and the essential equality of the sexes.
– Article 25 All people shall have the right to maintain the minimum standards of wholesome and cultured living.
– In all spheres of life, the State shall use its endeavors for the promotion and extension of social welfare and security, and of public health.
– Article 26 All people shall have the right to receive an equal education correspondent to their ability, as provided by law.
– All people shall be obligated to have all boys and girls under their protection receive ordinary education as provided for by law. Such compulsory education shall be free.
– Article 27 All people shall have the right and the obligation to work. Standards for wages, hours, rest and other working conditions shall be fixed by law. Children shall not be exploited.
- Civil Code of Japan (Act No. 89 of April 27, 1896)
- (Part I II III); (Part IV and Part V)
– Article 711 A person that has taken the life of another must compensate for loss or damage to the father, mother, spouse, and children of the victim, even if the property rights of the same have not been infringed.
– Article 721 An unborn child is deemed to have been already born with respect to the claim for compensation for loss or damage. (Method of Compensation for Loss or Damage, Deduction of Interim Interest, and Comparative Negligence)
– Article 820 A person who exercises parental authority holds the right, and bears the duty, to care for and educate the child for the child’s interests. (Determination of Residence)
– Chapter 33 Crimes of Kidnapping, Abduction and Human Trafficking （Article 224 to Article 229)
Other relevant acts/legislations
- Labour Standards Act (Act No. 49 of 7 April,1947)
- Family Register Act (Act No. 224 of December 22, 1947)
- Immunization Act (Act No. 68 of June 30, 1948)
- Nationality Act (Act No.147 of May 4,1950)
- Basic Act on Disaster Countermeasures (Act No. 223 of November 15, 1961)
- Basic Act for Persons with Disabilities (Act No. 84 of May 21, 1970)
- Act on Childcare Leave, Caregiver Leave, and Other Measures for the Welfare of Workers Caring for Children or Other Family Members (Act No. 76 of May 15, 1991)
Children’s law of Liberia
Specific acts
Protection from domestic violence act, 1997.
The computer misuse and cyber crime act, 2003.
Ombudsman for children act, 2005.
National children’s council act, 2003.
General acts
Civil service family protection scheme act.
Divorce and judicial separation act.
Dangerous chemical controls act.
Other related acts, international covenants, conventions and articles
Child law
Vulnerable Children Act 2014
http://www.legislation.govt.nz/act/public/2014/0040/57.0/DLM5501618.html
Oranga Tamariki Act 1989
Children’s and Young People’s Well-being Act 1989
Care of Children Act 2004
https://en.wikipedia.org/wiki/Children%27s_rights_in_New_Zealand)
Children’s Commissioner Act 2003
http://www.legislation.govt.nz/act/public/2003/0121/latest/DLM230429.html
Specific Law for Child Rights
- Act relating to the Ombudsman for Children in Norway (Act of 6 March 1981, no.5. )
- Act relating to children and parents ( the Children Act) (Act of 8 April 1981, no. 7.)
- Act concerning Cash Benefit for Parents with Small Children (the Cash Benefit Act) (Act of 26 June 1998, no. 41. )
- Act relating to child welfare services (the Child Welfare Act) (Act of 17 July 1992, no.100.）
General laws with specific provisions for children
110c [Human Rights]
It is the responsibility of the authorities of the State to respect and ensure human rights. Specific provisions for the implementation of treaties hereof are determined by law.
- The General Civil Penal Code Act of 22 May 1902 no. 10.
Section 46. No person may be punished for any act committed before reaching 15 years of age.
Section 232.a When a criminal investigation is instituted against a child under 18 years of age and the case is not of a trivial nature, the police shall immediately inform the child welfare service. If the child is in an institution, the institution hall also be informed.
In cases referred to in the first paragraph the child welfare service shall be informed concerning any examination of the suspect if there is an opportunity to do so.
When the child welfare service has so requested, it shall also be given an opportunity to express its views before the question of prosecution is decided.
Other relevant acts/legislations
- The Marriage Act (Act of 4 July, 1991, no.47.)
- Act relating to the strengthening of the status of human rights in Norwegian(the Human Rights Act) (Act of 21 May 1999, no.30.)
- Act relating to working environment, working hours and employment protection, etc. (the Working Environment Act) (Act of 17 June 2015, no.62.)
- No.Q-42/2015 Guidelines for processing child welfare cases where children have ties to other countries
Specific laws on rights of child
Federal Law on Basic Guarantees of the Rights of the Child in the Russian Federation 1998
Federal Law on State Support of Youth and Children’s Organizations
General laws with specific provisions for children
Fundamentals of Russian Federation Legislation on Health Care
Free immunization of children
They extend the number of medical procedures and treatments provided without charge, in addition to those covered by mandatory medical insurance under federal legislation
Free distribution of medicines to children under three years of age, and require qualified medical assistance in all nursing and child care facilities
Individuals under eighteen years of age are subject to certain limitations on legal capacity, special limitations, and certain protection in the field of labor relations. The usual age of employment is sixteen, although in special cases, a minor may start work at fifteen, and even at fourteen if additional requirements have been met. The procedure of receiving approvals and permits for hiring a minor under sixteen is cumbersome, and employers usually do not hire minors under sixteen in order to avoid bureaucratic problems.
All minors can be hired only after a medical examination.
Article 265 of the Labor Code contains the list of works prohibited for minors because of negative impact on the health and moral development of a minor. This list includes work with hazardous materials, underground work, and work which requires moving heavy weights over the limits established by sanitary norms.
Article 20. The Age of Criminal Liability
A person who, before the commission of a crime, has reached the age of 16 years shall be subject to criminal liability.
Persons who, before the commission of a crime, have reached the age of 14 years shall be subject to criminal liability for murder (Article 105), intentional infliction of grave bodily injury causing an impairment of health (Article 111), intentional infliction of bodily injury of average gravity (Article 112), kidnapping (Article 126), rape (Article 131), forcible sexual actions (Article 132), theft (Article 158), robbery (Article 161), armed robbery (Article 162), racketeering (Article 163), unlawful occupancy of a car or any other transport vehicle without
theft (Article 166), intentional destruction or damage of property under aggravating circumstances (the second part of Article 167), act of terrorism (Article 205), seizure of a hostage (Article 206), making a deliberately false report about an act of terrorism (Article 207), hooliganism under aggravating circumstances (the second part of Article 213), vandalism (Article 214), theft or possession of firearms, ammunition, explosives, and explosion devices
(Article 226), theft or possession of narcotics or psychotropic substances (Article 229), the distruction of transport vehicles or methods of communication (Article 267).
If a minor has reached the age envisaged by the first and second parts of this Article, but in consequence of mental retardation not associated with mental derangement could not fully realize the actual character or social danger of his actions (inaction) during the committing of a socially dangerous deed, or could not control these actions, then he shall not be subject to criminal liability.
Chapter 12. Release from Punishment- d) at least three quarters of the term of punishment imposed for crimes against the sexual integrity of minors, and also for grave and especially grave crimes connected with illegal traffic of narcotic agents, psychotropic substances and their precursors, as well as for the crimes provided for by Articles 205, 205.1, 205.2 and 210 of this Code.
e) of at least four fifth of the term of punishment imposed for offences against sexual integrity of minors under fourteen years old.
Section V. The Criminal Liability of Juveniles
Abduction of minors
Human trafficking of minors
Rape of minor girl
Violent actions of sexual character
Article 134. Sexual Intercourse and Other Actions of Sexual Character with a Person Who Has Not Reached the Age of Sixteen Years
Article 133. Compulsion to Perform Sexual Actions- The same deed committed in respect of a minor boy (minor girl) – shall be punishable by compulsory labour for a term of up to five years with deprivation of the right to hold definite offices or to engage in definite activities for a term of up to three years or without such or by deprivation of liberty for a term of up to five years with deprivation of the
right to hold definite offices or to engage in definite activities for a term of up to three years or without such.
Article 135. Depraved Actions
Chapter 20. Crimes Against Minors
Article 150. Involvement of a Minor in the Commission of a Crime
Article 150. Involvement of a Minor in the Commission of a Crime
Article 151.1. Retail Sale of Alcoholic Products to Minors
Article 152. Abolished
Article 153. Switching a Child
Article 154. Illegal Adoption
Article 155. Disclosure of the Secret of an Adoption
Article 156. Failure to Discharge the Duties of Bringing up a Minor
Article 157. Malicious Evasion of the Payment of Money for the Maintenance of Children or Physically Disabled Parents
Article 27. Emancipation
The minor, who has reached the age of 16 years, may be declared to have the full active capacity, if he works by a labour agreement, including by a contract, or if he engages in business activities upon the consent of the parents, the adopters or the trustee.
The minor shall be declared as having acquired the full active capacity (emancipation) by the decision of the guardianship and trusteeship body – upon the consent of the parents, the adopters or the trustee, or, in the absence of such consent – by the court decision.
Article 28. The Active Capacity of the Young Minors
Section IV. The Rights and Duties of Parents and Children
Chapter 11. The Rights of Underaged Children
Chapter 12. The Parents’ Rights and Duties
Section VI. The Forms of Upbringing Children Left Without Parental Care
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Specific acts
General acts
Constitution of South Africa- Ar. 28.
Criminal Law (Sexual Offences and Related Matters).
Protection from Harassment Act.
Bills, international conventions, articles & treaties
Child Protection Act B.E. 2546 (2003)
Child Adoption Act (No.3), B.E.2553 (2010) (a revision of the 1979 act of the same name)
Note: Each state compiles their state laws into one document (usually known as a code). Laws relating to the child are spread across this document under different headings (such as Education, Family, etc).
Law on Children (2016)