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Legal Framework and Current Issues
In Germany, as elsewhere, couples and individuals suffering from unwanted childlessness have two principal means to overcome it. One, adoption, has existed and has been quite heavily regulated in Germany for centuries. The other, assisted reproduction, has only recently come into its own with advances in medical technology and has not yet been comprehensively dealt with by the German legislature.
This monograph provides a survey of adoption and assisted reproduction as alternative (non-coital) ways of establishing parent-child relationships in Germany.

Other titles published in this series:
- Economic Consequences of Divorce in Korea, Hyunjin Kim; isbn 9789004323711
- Assisted Reproduction in Israel; Law, Religion and Culture, Avishalom Westreich; isbn 9789004346062
- Feminicides of Girl Children in the Family Context; An International Human Rights Law Approach, Clara Chapdelaine-Feliciati; isbn 9789004330870
The main argument in this BRP is that assisted reproduction in Israel gives expression to and develops the right to procreate. It is a complex right, and therefore at times no consensus has been reached on the form of its actual application (as in the case of surrogacy and egg donation, and, from a different direction, in that of posthumous sperm retrieval). This right, however, despite the debates on its boundaries, is widely accepted, practiced, and even encouraged in the Israeli context, with a constructive collaboration of three main elements: the Israeli civil legal system, religious law (which in the context of the Israeli majority is Jewish law), and Israeli society and culture.
A Comparative Investigation into Policy Instruments Used in Belgium, Britain, Germany, the Netherlands and Norway
Children who are sexually abused by members of their family or by friends are deprived of the very means essential to their sense of well-being and for their healthy development. The persons they naturally expect to trust most turn out to be their enemies and leave them unprotected and without the confidence to relate to others. Sexually abused children carry their pain throughout their lives and need all the support available to cope with their agony and to restore their self worth, if this is at all possible. Many people, such as family members, friends, teachers, social workers, police officers, doctors and therapists, are conventionally involved in repairing or minimising the damage. But what can governments do?
Governments often appear powerless in the face of child sexual abuse within the family. They are increasingly appealed to when yet another scandal erupts. But how can governments help these children? What can be done to prevent child sexual abuse from happening in the first place? These are the guiding themes of this publication. This international comparative study describes how governments can do more than they are actually doing and how they can make better use of available policy instruments.
The core of the book is formed by an investigation of the policies of governments and their use of policy instruments in five Western European nations. Specialists from Belgium (Flanders), Britain, Germany (Rheinland-Pfalz), The Netherlands and Norway describe the prevailing situation in their countries and offer recommendations for improvement. The editors, Rekha Wazir and Nico van Oudenhoven, place these observations in a wider child-oriented perspective and formulate pointers for policy-makers that are applicable to the whole West-European region.
This comparative study and its publication have been facilitated by a grant from the Dutch Ministry of Public Health, Welfare and Sport.
The study has been conducted by International Child Development Initiatives (ICDI). ICDI is an international development support agency located in The Netherlands. It acts as an advocate for marginalized children and youth and provides a platform for policy, practice, programme development and research. ICDI is a partner in international networks for children and youth and functions as a liaison between donors and local NGOs. ICDI's guiding principles are the holistic development of children, the empowerment of families and communities, and the building on available knowledge and local strengths. ICD is an independent non-profit non-governmental organization and generates its income through contractual work.
How to Implement Their Right to Family Life
Increasing numbers of children are on the move throughout the world: moving or migrating, alone or accompanied. This gives rise to many new problems with legal, economic, social and cultural aspects, calling for new approaches based on a world-wide perspective. The international mobility of children poses a special challenge for the protection of their family environment, as guaranteed by the United Nations Convention on the Rights of the Child and other international instruments.
Children on the Move contains the texts and speeches given and the papers presented at the international conference of the same title, which took place at the Hague, the Netherlands, 23-26 October 1994. The conference was one of the major contributions of the Netherlands to the UN International Year of the Family and was convened by the Netherlands Committee for the International Year of the Family in collaboration with the Hague Conference on Private International Law.
Children on the Move provides the reader with an in-depth analysis of the various legal aspects (problems and remedies) of inter-country adoption, international child abduction, and children as international refugees.
This book provides a commentary on the United Nations Convention on the Rights of the Child, which was adopted by the General Assembly of the United Nations on 20 November 1989. Part One contains a general introduction to the Convention on the Rights of the Child, and deals with matters such as the drafting history, the contents, direct application, horizontal effects, limitations, the Committee on the Rights of the Child, and the Convention's final provisions. Part Two contains an article-by-article commentary, the aim of which is not to give an interpretation of the precise nature and scope of States parties' obligations but, rather, to identify the materials, or sources, which provide guidance in that regard. In the identification of such materials, attention has been paid to the general rules of treaty interpretation, as set forth in the Vienna Convention on the Law of Treaties.
This volume constitutes a commentary on Article 38 of the United Nations Convention on the Rights of the Child. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of children’s rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office.
This volume constitutes a commentary on Article 6 of the United Nations Convention on the Rights of the Child, guaranteeing the right to life, survival and development. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of children’s rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office.
Ethics, Law and Practice in Human Embryology
This volume of essays, together with its companion Creating the Child: The Ethics, Law and Practice of Assisted Procreation (Martinus Nijhoff, The Hague, 1996, ISBN 90-411-0207-8) is the result of a concerted action in the BIOMED programme of the European Commission, which was coordinated by the Editor. Clinicians, lawyers and philosophers explore the theoretical and practical problems presented by the new technologies in assisted human reproduction in Eastern, Central and Western Europe. The central question of the status of the human embryo is examined in the light of recent biological discoveries and cultural and legal dissonance within and between the various countries in Europe.
The Ethics, Law and Practice of Assisted Procreation
This volume of essays, together with its companion Conceiving the Embryo: Ethics, Law and Practice in Human Embryology (Martinus Nijhoff, The Hague, 1996, ISBN 90-411-0208-6) is the result of a concerted action in the BIOMED programme of the European Commission, which was coordinated by the Editor. Clinicians, lawyers and philosophers explore the theoretical and practical problems presented by the new technologies in assisted human reproduction in Eastern, Central and Western Europe. The essays reveal considerable dissonance in existing and proposed legislation, both within and between European countries, and examine the rights of parents and children involved in these new procedures.
The European Experience: 1750-1990
Of the many changes that have taken place in Western society during the past two centuries, few have been more significant than the steep fall in infant and child mortality. However, the timing and causes of the decline are still poorly understood. While some scholars attribute it to general improvements in living standards, others emphasize the role of social intervention and public health reforms. Written by specialists from several disciplinary fields, the twelve essays in this book break entirely new ground by providing a long-term perspective that challenges some deep-rooted ideas about the European experience of mortality decline and may help explain the forces and causal relationships behind the still tragic incidence of preventable infant and child deaths in many parts of the world today. This book will become a standard work for students and researchers in demography, social and economic history, population geography, and the history of medicine, and it will be of interest to anyone concerned with current debates on the policies to be adopted to curb infant and child mortality in both developed and developing countries.