The question of family composition remains a subjective jurisprudence in various jurisdictions. In Nigeria, legislative and judicial responses to different family forms are generally broadening under the general law in cases where there is a biological link between family members. Yet, the findings of this article indicate that family formulation under certain commune-cultural models is rejected by the courts. This article appraised judicial responses to five of such frameworks and drew attention to the negative implications of the dismissive judicial attitude to the realization of children’s rights and protection of their socio-economic welfare. Its thesis is that it is antithetic to the expansive national legislative direction on family conception, international socio-legal thoughts on family relations and directly questions the sincerity of the state’s proclaimed constitutional policy/goal of catering to the welfare of all children.
{"title":"“Who Is My Child?”—Implications of Judicial Rejection of Commune-Cultural Conceptions of the Family for Children’s Welfare in Nigeria","authors":"Michael Attah, Elizabeth Iyamu-Ojo","doi":"10.4236/BLR.2021.122026","DOIUrl":"https://doi.org/10.4236/BLR.2021.122026","url":null,"abstract":"The question of family composition remains a subjective jurisprudence in various jurisdictions. In Nigeria, legislative and judicial responses to different family forms are generally broadening under the general law in cases where there is a biological link between family members. Yet, the findings of this article indicate that family formulation under certain commune-cultural models is rejected by the courts. This article appraised judicial responses to five of such frameworks and drew attention to the negative implications of the dismissive judicial attitude to the realization of children’s rights and protection of their socio-economic welfare. Its thesis is that it is antithetic to the expansive national legislative direction on family conception, international socio-legal thoughts on family relations and directly questions the sincerity of the state’s proclaimed constitutional policy/goal of catering to the welfare of all children.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122543184","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Casualization is a global phenomenon. It is a form of nonstandard work arrangements practized in both developed and developing countries with varying degrees of regulation. Employers see it as a means of cutting costs and achieving flexibility, while workers see it as a work arrangement that denies them the right to employment benefits and to unionize and bargain collectively. This paper examines the concept of casualization and the implications of the triangular employment relationship in Nigeria in the context of international labour standards. It also examines the rights of casual workers to employment benefits and trade union rights in Ghana and China. It argues that the triangular or disguised employment relationship, which is the commonest form of casual employment in the banking and oil and gas sectors in Nigeria, fall outside the purview of the Labour Act. Amongst other things, the paper finds that the triangular or disguised employment relationship does not yield itself to the rights and benefits provided for workers in the traditional employment relationship and that it has segmented the labour market into core, non-core and peripheral zones. The paper calls for a comprehensive review of the Labour Act in line with international labour standards. It recommends the Ghana model with the necessary changes to suit local circumstances.
{"title":"Casualization of Labour: Implications of the Triangular Employment Relationship in Nigeria","authors":"G. G. Otuturu","doi":"10.4236/blr.2021.122036","DOIUrl":"https://doi.org/10.4236/blr.2021.122036","url":null,"abstract":"Casualization is a global phenomenon. It is a form of nonstandard work arrangements practized in both developed and developing countries with varying degrees of regulation. Employers see it as a means of cutting costs and achieving flexibility, while workers see it as a work arrangement that denies them the right to employment benefits and to unionize and bargain collectively. This paper examines the concept of casualization and the implications of the triangular employment relationship in Nigeria in the context of international labour standards. It also examines the rights of casual workers to employment benefits and trade union rights in Ghana and China. It argues that the triangular or disguised employment relationship, which is the commonest form of casual employment in the banking and oil and gas sectors in Nigeria, fall outside the purview of the Labour Act. Amongst other things, the paper finds that the triangular or disguised employment relationship does not yield itself to the rights and benefits provided for workers in the traditional employment relationship and that it has segmented the labour market into core, non-core and peripheral zones. The paper calls for a comprehensive review of the Labour Act in line with international labour standards. It recommends the Ghana model with the necessary changes to suit local circumstances.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126811132","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article discusses the powers of an arbitral tribunal to determine its own jurisdiction. The determination of the question of the jurisdiction of a tribunal lies in its own domain at least in the first instance by virtue of the principle of competence-competence. The principle enables a tribunal to test its own jurisdiction and confirm the extent of its power. This is one of the pillars of arbitration as it promotes party autonomy. The positive aspect of this power of the tribunal is that it cures the excesses of jurisdiction or any lack of it by granting an objecting party with immediate remedy thereby saving costs and time. The downside of this power is that an objecting party may still be permitted under the English Act and the Model Law to revert to court during the proceedings if he is not happy. However, time is of the essence. The article rests on an accumulation of case law, current and secondary literature. It takes cognizance of the fact that parties to an arbitration agreement have, by virtue of their autonomy a choice of subjecting the arbitration proceedings to rules of arbitration. As such, this article uses the ICC Rules of Arbitration and the UNCITRAL Rules of Arbitration as reference sets of rules. An arbitral tribunal’s power to rule on its own jurisdiction is unique in the sense that it is a test of its jurisdiction. It is indeed an exceptional power as it helps define the extent a tribunal’s powers and therefore becomes its own judge when queried. This power is important as it enables the arbitration proceedings to progress as scheduled.
{"title":"The Power of an Arbitral Tribunal to Determine Its Own Jurisdiction in International Commercial Arbitration","authors":"P. Kamanga","doi":"10.4236/BLR.2021.122021","DOIUrl":"https://doi.org/10.4236/BLR.2021.122021","url":null,"abstract":"This article discusses the powers of an arbitral tribunal to determine its own jurisdiction. The determination of the question of the jurisdiction of a tribunal lies in its own domain at least in the first instance by virtue of the principle of competence-competence. The principle enables a tribunal to test its own jurisdiction and confirm the extent of its power. This is one of the pillars of arbitration as it promotes party autonomy. The positive aspect of this power of the tribunal is that it cures the excesses of jurisdiction or any lack of it by granting an objecting party with immediate remedy thereby saving costs and time. The downside of this power is that an objecting party may still be permitted under the English Act and the Model Law to revert to court during the proceedings if he is not happy. However, time is of the essence. The article rests on an accumulation of case law, current and secondary literature. It takes cognizance of the fact that parties to an arbitration agreement have, by virtue of their autonomy a choice of subjecting the arbitration proceedings to rules of arbitration. As such, this article uses the ICC Rules of Arbitration and the UNCITRAL Rules of Arbitration as reference sets of rules. An arbitral tribunal’s power to rule on its own jurisdiction is unique in the sense that it is a test of its jurisdiction. It is indeed an exceptional power as it helps define the extent a tribunal’s powers and therefore becomes its own judge when queried. This power is important as it enables the arbitration proceedings to progress as scheduled.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116920451","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper makes an attempt to define informal social security and discusses the role of traditional support systems and extended family as social security institutions. Self organised mutual support systems which are neighbourhood or community-based informal systems that go beyond kinship and family ties are discussed. The African traditional values such as “botho” “ubuntu” and “harambee” are discussed. The idea that formal and informal social security systems having the same goal is advanced and that it is possible to build synergies between the two systems. Finally that an integrative approach needs to be adopted between the nonformal and the formal systems of social security.
{"title":"Integrating the Informal Social Security Arrangements into the Formal Sector in Botswana","authors":"K. Solo","doi":"10.4236/BLR.2021.122031","DOIUrl":"https://doi.org/10.4236/BLR.2021.122031","url":null,"abstract":"This paper makes an attempt to define informal social security and discusses the role of traditional support systems and extended family as social security institutions. Self organised mutual support systems which are neighbourhood or community-based informal systems that go beyond kinship and family ties are discussed. The African traditional values such as “botho” “ubuntu” and “harambee” are discussed. The idea that formal and informal social security systems having the same goal is advanced and that it is possible to build synergies between the two systems. Finally that an integrative approach needs to be adopted between the nonformal and the formal systems of social security.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117264941","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This study examined the development of international and municipal laws on maritime safety and security and identified the challenges undermining the efficiency of the provisions at combating security threats within the Nigerian maritime space. The study relied on primary and secondary sources of information. The primary sources included the United Nations Convention on the Law of the Sea (UNCLOS) 1982, Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation 1988, the Safety of Lives at Sea (SOLAS) Convention 1974, municipal legislations and Judicial decisions. While the secondary sources included books, journal articles, conference proceedings and the internet. It was found that there is an array of international laws addressing maritime safety and security. It was further found that the effectiveness of these international maritime laws in Nigeria is undermined by inadequate implementation traceable to socio-legal, institutional and political issues in the country. The study recommends adoption of functional legal, institutional and policy measures to address the various implementation challenges, address maritime safety and security threats in the Nigerian maritime domain and aid the maximization of the nation’s maritime resources to facilitate development.
{"title":"Towards Maintaining Peacefulness of the Sea: Legal Regime Governing Maritime Safety and Security in Nigeria","authors":"E. O. Babatunde, Mutiat Mobolanle Abdulsalam","doi":"10.4236/BLR.2021.122029","DOIUrl":"https://doi.org/10.4236/BLR.2021.122029","url":null,"abstract":"This study examined the development of international and municipal laws on maritime safety and security and identified the challenges undermining the efficiency of the provisions at combating security threats within the Nigerian maritime space. The study relied on primary and secondary sources of information. The primary sources included the United Nations Convention on the Law of the Sea (UNCLOS) 1982, Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation 1988, the Safety of Lives at Sea (SOLAS) Convention 1974, municipal legislations and Judicial decisions. While the secondary sources included books, journal articles, conference proceedings and the internet. It was found that there is an array of international laws addressing maritime safety and security. It was further found that the effectiveness of these international maritime laws in Nigeria is undermined by inadequate implementation traceable to socio-legal, institutional and political issues in the country. The study recommends adoption of functional legal, institutional and policy measures to address the various implementation challenges, address maritime safety and security threats in the Nigerian maritime domain and aid the maximization of the nation’s maritime resources to facilitate development.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"144 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121716274","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper will focus on the differences between the basic of the Arab Charter on Human Rights and the framework for its relationship with the United Nations Instruments on Human Rights. This charter represents the Islamic religion approach for human rights (Islamic law, also known as Sharia law). These differences explored whether or not there is a compatible between them and whether the Muslim States can comply Arab Charter on Human Rights while still adhering to Islamic law. Although there are some differences in applying human rights, that does not create a general state of dissonance between Islamic law and international human rights law like the death penalty, religious freedom, and equality between man and woman. Many Jurists and western researchers insist that Islamic law opposes or conflicts with international conventions on human rights. It is argued that the differences would be easier to address if the concept of human rights were positively established from within the themes of Islamic law rather than imposing it as a concept alien to Islamic law.
{"title":"Arab Charter on Human Rights & International Conventions","authors":"Jun-Yi Mao, Ammar Ahmad Ahmad Gady","doi":"10.4236/BLR.2021.122024","DOIUrl":"https://doi.org/10.4236/BLR.2021.122024","url":null,"abstract":"This paper will focus on the differences between the basic of the Arab Charter on Human Rights and the framework for its relationship with the United Nations Instruments on Human Rights. This charter represents the Islamic religion approach for human rights (Islamic law, also known as Sharia law). These differences explored whether or not there is a compatible between them and whether the Muslim States can comply Arab Charter on Human Rights while still adhering to Islamic law. Although there are some differences in applying human rights, that does not create a general state of dissonance between Islamic law and international human rights law like the death penalty, religious freedom, and equality between man and woman. Many Jurists and western researchers insist that Islamic law opposes or conflicts with international conventions on human rights. It is argued that the differences would be easier to address if the concept of human rights were positively established from within the themes of Islamic law rather than imposing it as a concept alien to Islamic law.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121781063","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article is a critique of selected issues of the Award handed down by the Permanent Court of Arbitration, referred to as “PCA” or “the Tribunal”, in the 2016 Philippines-China Arbitration. It points out that the Award was entirely in favour of the Philippines which had unilaterally initiated the arbitration; no regard whatsoever was paid to the position of China as expressed in various official Government documents. China refused to participate in the arbitration proceedings on the grounds that by written declaration it had withdrawn from the compulsory procedures for dispute resolution set out in the United Nations Convention on the Law of the Sea, 1982 (UNCLOS). As such, China rejects the legal validity of the Award and has declared it to be unenforceable. In this article, the doctrinal research method is employed to carry out a comparative analysis of the opinion expressed by the Tribunal and the position adopted by China in terms of the interpretation and application of Article 298(1), in relation to China’s withdrawal from the procedures provided in Section 2 of Part XV. Since the publication of the Award, a significant amount of legal literature has been produced, much of which is supportive of the Award. This article presents an alternative viewpoint from a Chinese perspective. It is submitted in unison with the Chinese position that the Tribunal lacked jurisdiction to undertake the arbitration. The article selectively discusses the Chinese position based on China’s perception of historical title over the maritime features in the South China Sea and its view that the dispute concerns sovereignty over those maritime features which is outside the scope of UNCLOS. The article concludes that its aim is to underscore the need for an objective and unbiased approach to dispute resolution by tribunals in the field of international sea law and that the better way forward for both states is to continue negotiations.
{"title":"The China-Philippines South China Sea Dispute: A Selective Critique of the PCA Award","authors":"P. Mukherjee, Huiru Liu, Minna Yu","doi":"10.4236/blr.2021.122035","DOIUrl":"https://doi.org/10.4236/blr.2021.122035","url":null,"abstract":"This article is a critique of selected issues of the Award handed down by the Permanent Court of Arbitration, referred to as “PCA” or “the Tribunal”, in the 2016 Philippines-China Arbitration. It points out that the Award was entirely in favour of the Philippines which had unilaterally initiated the arbitration; no regard whatsoever was paid to the position of China as expressed in various official Government documents. China refused to participate in the arbitration proceedings on the grounds that by written declaration it had withdrawn from the compulsory procedures for dispute resolution set out in the United Nations Convention on the Law of the Sea, 1982 (UNCLOS). As such, China rejects the legal validity of the Award and has declared it to be unenforceable. In this article, the doctrinal research method is employed to carry out a comparative analysis of the opinion expressed by the Tribunal and the position adopted by China in terms of the interpretation and application of Article 298(1), in relation to China’s withdrawal from the procedures provided in Section 2 of Part XV. Since the publication of the Award, a significant amount of legal literature has been produced, much of which is supportive of the Award. This article presents an alternative viewpoint from a Chinese perspective. It is submitted in unison with the Chinese position that the Tribunal lacked jurisdiction to undertake the arbitration. The article selectively discusses the Chinese position based on China’s perception of historical title over the maritime features in the South China Sea and its view that the dispute concerns sovereignty over those maritime features which is outside the scope of UNCLOS. The article concludes that its aim is to underscore the need for an objective and unbiased approach to dispute resolution by tribunals in the field of international sea law and that the better way forward for both states is to continue negotiations.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134000363","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article explores the quest for the legal definition of terrorism under international law. By employing doctrinal research methodology, the paper qualitatively analyze international legal instruments, customary international law, and decisions of international courts and works of various scholars. In doing so, the article first discusses about the difficulty of defining terrorism under international law. In addition, the paper will discuss about the major attempts to define terrorism both by scholars and legally. In dealing with the quest for legal definition, the paper will explore the various attempts to define terrorism by treaty laws and the lacuna thereof. Furthermore, it discusses the definition provided by the Appeals Chamber of the Special Tribunal for Lebanon (STL). Accordingly, the paper calls on the significance of the definition provided by STL for the reason that the decision incorporated elements provided by various UN Resolutions and treaties, customary international law and domestic courts. Hence, the definition by STL should be taken as a universally agreeable one.
{"title":"Problem of Defining Terrorism under International Law: Definition by the Appeal Chamber of Special Tribunal for Lebanon as a Solution to the Problem","authors":"H. Bekele","doi":"10.4236/blr.2021.122033","DOIUrl":"https://doi.org/10.4236/blr.2021.122033","url":null,"abstract":"This article explores the quest for the legal definition of terrorism under international law. By employing doctrinal research methodology, the paper qualitatively analyze international legal instruments, customary international law, and decisions of international courts and works of various scholars. In doing so, the article first discusses about the difficulty of defining terrorism under international law. In addition, the paper will discuss about the major attempts to define terrorism both by scholars and legally. In dealing with the quest for legal definition, the paper will explore the various attempts to define terrorism by treaty laws and the lacuna thereof. Furthermore, it discusses the definition provided by the Appeals Chamber of the Special Tribunal for Lebanon (STL). Accordingly, the paper calls on the significance of the definition provided by STL for the reason that the decision incorporated elements provided by various UN Resolutions and treaties, customary international law and domestic courts. Hence, the definition by STL should be taken as a universally agreeable one.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130857717","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Recently, some Arab governments, including Yemen, have requested other states to intervene militarily to eliminate the protests and popular movements that challenge their powers under the justifications for consensual interventions, resulting in the emergence of armed civil conflicts many violations of human rights. This type of interference contradicts the provisions of the United Nations Charter and other international conventions that prohibit military force in international relations. However, this interference almost becomes recognized by states without any opposition. For more than six years, no initiatives have been made to resolve the dispute between the parties involved in Yemen’s war because Yemen is considered less strategically important for the permanent members’ interests than Saudi Arabia. As with other problems and humanitarian crises (Syria and Libya), the UNSC member states tend to leave Yemen’s diplomatic initiatives to the Special Envoy of the Secretary-General.
{"title":"The Legitimacy of Military Intervention in Yemen and Its Impacts","authors":"Jun-Yi Mao, Ammar Ahmad Ahmad Gady","doi":"10.4236/BLR.2021.122030","DOIUrl":"https://doi.org/10.4236/BLR.2021.122030","url":null,"abstract":"Recently, some Arab governments, including Yemen, have requested other states to intervene militarily to eliminate the protests and popular movements that challenge their powers under the justifications for consensual interventions, resulting in the emergence of armed civil conflicts many violations of human rights. This type of interference contradicts the provisions of the United Nations Charter and other international conventions that prohibit military force in international relations. However, this interference almost becomes recognized by states without any opposition. For more than six years, no initiatives have been made to resolve the dispute between the parties involved in Yemen’s war because Yemen is considered less strategically important for the permanent members’ interests than Saudi Arabia. As with other problems and humanitarian crises (Syria and Libya), the UNSC member states tend to leave Yemen’s diplomatic initiatives to the Special Envoy of the Secretary-General.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"101 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115941555","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
An examination was carried out on the Child Rights Law 2007 and the Children Protection Policy 2015 of Edo State and other relevant legislations with a view of finding the position of the law on alternative care in Edo State. The work discovered that alternative care provided in both legislations mainly focused on institutional formal care or altogether did not provide for informal alternative care. There is the need for informal care to be considered as a result of the fact that most of the incidences of child abuse stem from this area. The United Nation Guidelines was also examined and it was discovered that a lot of gaps exist in our legislations. Research also extended to review of relevant literature on studies on alternative child care system as well as internet sources to enrich this work. The paper makes recommendations for a reform, increase in funding and other relevant concerns that will enhance a more effective implementation of alternative care in Edo State.
{"title":"An Examination of the Position of the Law on Alternative Care for Children in Edo State","authors":"Stella O. Idehen, Maryam Cam","doi":"10.4236/BLR.2021.122022","DOIUrl":"https://doi.org/10.4236/BLR.2021.122022","url":null,"abstract":"An examination was carried out on the Child Rights Law 2007 and the Children Protection Policy 2015 of Edo State and other relevant legislations with a view of finding the position of the law on alternative care in Edo State. The work discovered that alternative care provided in both legislations mainly focused on institutional formal care or altogether did not provide for informal alternative care. There is the need for informal care to be considered as a result of the fact that most of the incidences of child abuse stem from this area. The United Nation Guidelines was also examined and it was discovered that a lot of gaps exist in our legislations. Research also extended to review of relevant literature on studies on alternative child care system as well as internet sources to enrich this work. The paper makes recommendations for a reform, increase in funding and other relevant concerns that will enhance a more effective implementation of alternative care in Edo State.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130214778","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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