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Latest items for CUST-LAW-4

Botswana 2017 CEDAW

Jan. 16, 2024, 6:33 p.m.

Countries: Botswana
Variables: CUST-LAW-4

"It is important to also note that the Adoption Act in terms of Section 16 provides that nothing contained in the Act shall be construed as preventing or affecting the Adoption in accordance with customary law of a child who is subject to customary law by a person who is also subject to customary law. The High Court in a number of decisions has held itself as the upper guardian of all minor children and in terms of the Children’s Act which incorporates the concept of the best interests of the child as espoused in the Convention on Children’s Rights. The High Court is enjoined to ensure that the best...more

CEDAW Nicaragua 2019

June 20, 2023, 9:30 p.m.

Countries: Nicaragua
Variables: CUST-LAW-4

"In 2014, the family law regime was updated with the enactment of the Family Code (Act No. 870).12 Articles 79 and 261 of the Code enshrine the right to take maternity and paternity leave upon the birth or adoption of a child. The spouse or partner in a stable de facto union is entitled to five days of paid leave following the birth, with no loss of social benefits. In the case of adoption, the mother is entitled to 12 weeks and the father to five days of leave, regardless of the age of the adopted child. Single male adopters are entitled to a paternity allowance equivalent to that of...more

Afghan Hospitals

Feb. 18, 2023, 9:36 a.m.

Countries: Afghanistan
Variables: CUST-LAW-4

"[A]fter a rise in abandoned newborns at the hospital – probably due to Afghanistan’s economic crisis – they have formed an 'adoption committee' to ensure the babies are taken care of" (Para.8).

Kyrgyzstan 2021 CO

Feb. 6, 2023, 12:07 p.m.

Countries: Kyrgyzstan
Variables: CUST-LAW-4

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Nicaraguan Women Warriors

Jan. 12, 2023, 8:01 p.m.

Countries: Nicaragua
Variables: CUST-LAW-4

"In these early revolutionary years, single women also won the right to legally adopt…"(para 13) (NF - CODER COMMENT - Though short, this indicates that the Nicaraguan governmet only allowed married women to legally adopt children).

Norway 2019 Human Rights Report

Feb. 4, 2022, 7:59 p.m.

Countries: Norway
Variables: CUST-LAW-4

"In September the ECHR ruled that the government violated the European Convention on Human Rights when the Child Welfare Services allowed a woman’s son to be adopted without her consent. As of September the ECHR was reviewing 23 other cases against the Child Welfare Services" (12). A child being adopted without consent of the mother may indicate insufficient adoption laws (JLR-CODER COMMENT).

Fatima Interview 2021

Jan. 6, 2022, 12:09 p.m.

Countries: Somalia
Variables: CUST-LAW-4

"A single mother can adopt a boy/girl. However, if she does not give him breast milk he/she has no inheritance. Before the parents die they must allocate money for the adopted children and give it to them. If they die, they will most likely get nothing" (1).

2013 Poland CEDAW

June 9, 2021, 8:43 p.m.

Countries: Poland
Variables: CUST-LAW-4

"Pursuant to the Family and Guardianship Code (art. 115(1)), joint adoption was allowed only for married couples. Adoption by one of spouses was impossible without the consent of the other. In Poland, child custody may be established only by the family court if neither of parents enjoys parental authority or if parents are unknown. The family court also appointed the guardian. Men and women could become guardians, exercise the guardianship and apply for adoption under the same rules...The failure to pay for the support of a next of kin was a crime laid down in the Penal Code (art. 209(1)). It was subject to a fine, the penalty of restriction...more