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PubMed1988

Decree No. 18272-S of 27 June 1988.

This Decree creates in Costa Rica a National Commission for Integral Attention for Maltreated Minors, composed of representatives of various government and nongovernment agencies. The functions of the Commission are the following: 1) to recommend policies and actions favoring maltreated minors; 2) to compile institutional diagnostic material relating to maltreated minors, identifying causes and resources and establishing priorities of action; 3) to formulate a plan applicable in both rural and urban areas for integral attention for maltreated minors, with three levels of prevention; 4) to recommend to involved institutions actions, procedures, and technical guidelines to follow with respect to integral attention for maltreated minors; 5) to oversee, supervise, and evaluate public and private programs of attention for maltreated minors; 6) to promote the active participation of the community in solving this problem by means of dissemination of information and formal and nonformal education; 7) to promote the compilation and dissemination of information on relevant investigations and studies applicable to the phenomenon of maltreated minors with the object of establishing a national data bank in this area; and 8) to review legislation in effect relating to the maltreatment of minors and send recommendations to the competent authorities.

Adolescent↗
PubMed1988

Decree No. 18274-S-MEP, 27 June 1988.

This Decree creates in Costa Rica an Interinstitutional Commission of Prevention and Integral Attention with Respect to Abandoned Children and Adolescents with Physical and Mental Limitations, composed of the representatives of various government and nongovernment agencies. The functions of the Commission are 1) to create and put into operation a program of prevention and integral attention with respect to such children; 2) to give advice on and supervise the execution of the program; and 3) to promote the establishment of participation agreements between public and private, national and international bodies with respect to the issue.

Adolescent↗
PubMed1988

Reckless or Provocative Religious Teaching or Preaching Edict 1985 (No. 11 of 1985).

Among other things, this Edict prohibits forcing young persons in Oyo, Nigeria, to take religious oaths and parents from allowing the movement of their children from one town to another by members of religious sects for religious reasons. Penalties are set at a fine of N100.00 or at least six months imprisonment, or both. Church and mosque services and traditional religious ceremonies are exempted.

Adolescent↗
PubMed1988

Kano State Fostering Edict of 1986 (No. 5 of 1986).

This Edict authorizes the fostering of children in Kavo, Nigeria, who are abandoned, deserted by relatives, ill treated, or found destitute, among other things. It provides that the effect of a fostering order is to suspend the parents' rights and obligations and transfer them to the foster parents. Under appropriate circumstances, a fostering order can be revoked.

Adolescent↗
PubMed1988

Act No. 1374 adding provisions to the Penal Code, 19 December 1988.

This Act adds to the Paraguay Penal Code the following provisions describing and punishing traffic in minors: "Art. 309 BIS A: Whoever in any manner carries on business in minors under the age of twenty will be punished by a prison term of from two to six years. Art. 309 BIS B: A father or mother who surrenders a child under the age of twenty for payment or promise of remuneration will be punished by a prison term of from one to four years. Art. 309 BIS C: Whoever by means of gift, payment, or promise of remuneration induces a father or mother to surrender to a third person a child under the age of twenty in the conditions provided for in the previous article will be punished by a double penalty. This same sanction applies to a third person who in bad faith has received the surrender of a child. Art. 309 BIS D: The fact that a minor has been taken abroad will be considered an aggravating circumstance in the punishment provided for by this Act in the penalties of the preceding articles. Art. 309 BIS E: Payment for the provision of medicine, food, clothing, or medical attention given to the father or mother of a minor will not be considered as a gift. Art. 309 BIS F: A father or mother or a third person to whom a minor is surrendered will be exempt from punishment if he or she has formalized the act by means of any of the forms provided for by laws relating to adoption or family placement of minors."

Adolescent↗
PubMed1988

Criminal Code (Amendment) (No. 2) Act, 1988, (No. 1 of 1988), 5 February 1988.

Among other things, this Act adds the following new section to the Saint Lucia Criminal Code: "112A. Any person who commits an act of indecency with or towards a child under the age of fourteen or who incites or encourages a child under that age to commit such an act with him or with another person is liable on conviction on indictment to imprisonment for two years or on summary conviction to imprisonment for six months or to a fine not exceeding one thousand dollars." The Act also changes the criminal penalty for keeping a brothel. Henceforth a person who is guilty of the crime is subject to a fine not exceeding $5,000 or to imprisonment for twelve months. In addition, that person may be required "to enter into a recognisance with or without securities to be of good behaviour for any period not exceeding one year; and in default of compliance with such recognisance is liable to imprisonment for a further period not exceeding six months."

Adolescent↗
PubMed1988

Resolution on Creating Family-Style Children's Homes, August 1988.

This Resolution approves a proposal of the V.I. Lenin Soviet Children's Fund for setting up "family-style" children's homes in the Soviet Union. Children's homes are to consist of a) children's towns--single-family, multiroom homes occupied by families raising at least ten orphaned children and children left without parental care; and b) premises of individual families raising at least five such children while occupying separate multiroom units in regular apartment buildings, specialized buildings, or groups of buildings. In addition to residential buildings, children's towns are to contain a secondary school, a sports and fitness center, preschool facilities, housekeeping and preventative health care buildings, auxiliary farming plots, and other land where children and adults can work together. Thirty homes are to be built in the period 1988-1991. The Resolution also approves proposals establishing an All-Union Wardship Council; charging public health officials with providing permanent, qualified health care, consultation, mental health care, and diagnostics to every family assuming the responsibility of raising children; setting the task of organizing expanded research on children's health and treatment; recommending that enterprises, organizations, and institutions provide transportation service to family-style children's homes and families of employees raising these children and give them passes to sanatoriums, preventoriums, recreation centers and vacation complexes; and pledging the Council of Ministers' participation in the financing, construction, outfitting, and equipping of these homes and in providing material assistance to families raising orphaned children and children left without parental care. The Council of Ministers also decided that the time foster parents spend in raising five or more such children will be added to their overall continuous work record for the purposes of pensions and benefits and to their length of service in their specialty.

Adolescent↗
PubMed1988

Criminal Justice Act 1988, 29 July 1988.

This UK Act does the following, among other things: 1) facilitates the conviction of alleged child abusers by allowing evidence to be given through a television link by a witness under the age of 14 in cases involving assault, abuse, or sexual misconduct; 2) limits the calling of witnesses under the age of 14 in certain committal hearings for persons accused of committing the above offenses; 3) abolishes the requirement that unsworn evidence given by children be corroborated and that sworn evidence given by children be accompanied by a warning if not corroborated; 4) increases the maximum term of imprisonment for cruelty to children and young persons from two to 10 years; 5) puts the existing Criminal Injuries Compensation Scheme on a statutory basis, giving claimants a right to compensation in certain cases, and creating, in addition to a payment for having been the victim of rape, a new payment of 5000 pounds payable to such a victim who becomes pregnant, gives birth to a child, and intends to keep the child; and 6) creates a new offense of possession of an indecent photograph of a child (i.e., a person under the age of 16); previously possession of such a photograph, per se, was not illegal.

Adolescent↗
PubMed1988

Cox v. Court of Common Pleas, 13 December 1988.

The plaintiff, a pregnant woman, sought an order prohibiting the juvenile court from exercising jurisdiction over her in a dependency and neglect action with respect to her unborn child. The Ohio Court of Appeals held that the juvenile court had no jurisdiction to compel a pregnant woman to act for the alleged benefit of an unborn child. On 7 October 1988, in "Matter of Fletcher," the Family Court, City of New York, held that a mother's drug use during pregnancy could not alone serve as the basis for finding child neglect; facts had to be alleged with respect to the mother's neglect after the birth of the child (533 N.Y.S.2d 241).

Americas↗
PubMed1988

Act to amend the Indian Act (minor's funds and surviving spouse's preferential share), 13 September 1988.

Among other things, this Canadian Act: 1) raises the preferential share due a "widow" upon the death of an intestate to the first $75,000 and authorizes the Governor in Council to fix another amount in the future; 2) authorizes the council of a band of Indians to determine that up to $3000, or another amount as set by the Governor in Council, of the share of a distribution due to a minor infant upon the age of majority "is necessary to be paid for the maintenance, advancement, or other benefit of the child;" and 3) authorizes the competent Minister to make a payment of some or all of the distribution due to an Indian child for the same purposes.

Adolescent↗
PubMed1988

Judgment, 17 March 1983.

The parties were the mother of three children and their paternal grandmother, who both sought custody of the children after the children's father died. The grandmother claimed custody on the basis of Islamic customary law, which gives custody of children to the paternal side of the family after the children reach the age of seven. The State Court of Niger ruled that custody should not be determined on the basis of customary law, but on the basis of what was best for the children. Although it did not give custody to the mother, it did give it to the mother's mother, who the Court believed would be in the best position to raise them properly.

Africa↗
PubMed1988

Decree No. 12/1987, 29 June 1987.

This Decree sets forth unified regulations on the guardianship authorities in Hungary. It contains detailed provisions on the activities of the authorities with respect to marriage, family status, adoption, parental authority and state care, guardianship, and management of property. The Decree also contains provisions on international law with respect to guardianship and procedures.

Adoption↗
PubMed1988

Act No. 3/1988, 25 April 1988.

This Act equalizes the position of adopted and natural children in Aragon, Spain. It also provides that general national laws regulating adoption are to be applied in Aragon.

Adoption↗
PubMed1988

Firoza Begum v. Hormuz Ali, 29 July 1987.

The defendant was accused of violating the Cruelty to Woman (Deterrent Punishment) Ordinance of 1983. His wife had testified that he beat her while demanding dowry and ousted her from the house. The Bangladesh Supreme Court, High Court Division, upheld a lower court ruling that dismissed the suit. It ruled that the wife had not alleged that the defendant had "cause[d] or attempt[ed] to cause death or grievous hurt . . . for dowry," as required by the Ordinance. It also concluded that the wife had no right to appeal the decision of the lower court and that the decision could only be appealed by the Government, which had declined to do so.

Asia↗
PubMed1988

State of Punjab v. Amarjit Singh, 1 September 1988.

The Supreme Court of India reversed a ruling of the High Court of Punjab and Haryana, which acquitted the defendant of criminal charges for causing the death of his wife by setting his wife on fire. It refused to invalidate the dying declaration of the wife that her husband had set her on fire, despite the fact that it was not recorded by a magistrate. It found the declaration supported by other evidence. In a similar case, the Supreme Court upheld a lower court decision convicting the victim's mother-in-law of murder. It allowed as evidence the statement of the physician who had treated the victim that the victim had told him that her mother-in-law had set her on fire. It also deprecated the failure of the investigating agency to prosecute the victim's husband and brother, who were strongly implicated in the crime. See Lichhamadevi vs. State of Rajasthan, 2 August 1988, All India Reporter, Vol. 75, 1988, Supreme Court, p. 1785.

Asia↗