The literature review of this proposal is divided into three parts. The first part is the conceptual framework which defines the key concept of the research area. The second part is the theoretical framework which discuss on the theory of child need protection and theory of punishment. The last part is legal framework which will discuss on lacuna inside the legal structure of the country and make comparison with the law of other countries such as United Kingdom and Canada. 2.2 CONCEPTUAL FRAMEWORK There’s no single universally accepted precise definition of child pornography, there is at least some general consensus as to what actually constitute such material . Its legal definition of a child and child pornography differ from country to country. For example, in Canada, they define a minor as any person …show more content…
Some define obscenity and pornography in moral terms and others aesthetically maintaining that they exist solely in the mind and eye of the beholder. Internet Child pornography issue is not a new issue. It has already been exposed to the Western community many years ago. Child pornography has placed children at stake especially to those who has sexual interest towards children. These people are known as paedophiles who always targeted children as their victim. Children have become their subject to produce pornographic materials before spreading them. These paedophiles exist in Malaysian community as well. Some of them have reached the critical stage when they tend to commit rape or other sexual offences towards children. A few popular cases which related to sexual offence directed to children have strike Malaysia such as in the case of Nurin Jazlin. In this case, she was found missing after she went to night market alone and found only after a month stuffed in a gym bag which was left in front of shop lot. In this case, Nurin Jazlin has been sexually assaulted which later been
After the assault, it was said the child, who prior to this was in healthy condition, had a failure to thrive and died several months later. He testified that he didn't know Bishop or who she was, but recognize her face and knew that she was the reason for his
A. Rule: The Child Pornography Protection Act 1996 (CPPA) due to the advancement in technology prohibits and penalizes not only child porn but anything in its likeliness such as computerized images or young adults portraying minors. The Government submits that virtual child pornography whets the appetites of pedophiles and encourages them to engage in illegal conduct. The government also submits that it aids in the development and spread of child pornography. The court accepts these interests, but rejects the governments argument: 1. There is counterweights to the governments argument: a. The mere tendency to encourage unlawful acts is not a sufficient enough reason for banning
This is seen in the concepts of, age of criminal responsibility, the rights of young offenders when questioned or arrested, the procedures and penalties for children
In her book, she explains to professionals and mothers on how to see and attend to children. Not only does she refer to some of her colleagues who have experienced and felt the sadness within the children’s voice, but also seen the causes and the positive and negative influence of neglect and abuse. The book is all about policies that help in the safeguard of children and also how the community can understand and relate to these kids. Finally, she explains the process of child protection and how treatment is to be administered to the affected
The research focuses on the leading and most frequent types of child abuse. This research is of great value as it makes it easy for the reader to understand the different types of child abuse. It is not easy to understand child abuse and its different kinds without consulting researches like this one. This researches, under different subheadings, discusses several kinds of child abuse and explains them in detail.
Thesis: Even though adult court systems can teach young criminals the true consequences of their actions better than juvenile faculties, juvenile facilities positively impact their lives by providing them with safety, giving them more attention through the use of rehabilitation methods and deterring children from crime. II. Body: A. Background Info: Within the court system, there lie two divisions –the adult court system and the juvenile court system. In the juvenile court system, most cases are dealt with through the use of rehabilitation methods by changing the child’s lifestyle. ii.
The risk assessment mandate of the current child protection practice is crop up in connection with individual responsibility of neo-liberal ideology. The right of the worker is given during their “mandate to investigate, monitor, assess and dispose of” (Strega & Carriere, 2009 p.16) of child protection cases under the legal system. As a result of child protection practice merely becomes a risk assessment model of bureaucratic approach. Apparently, child protection in Canada turns out as a mechanical social intervention with more focus on short-term remedial recommendations and limited or no emphasis on the holistic view of the problem (Strega & Carriere, 2009 p.20). This process is not really supporting the family in terms of a long term “helping, healing and change”.
The Wounded Heart The book The Wounded Heart is a book written for the purpose of offering hope for adult victims of childhood sexual abuse. The book examines the reality there are so many victims of sexual abuse who are now adults, and are still suffering the consequences of the abuse they encounter as child, and how these sexual abuse have not only destroy their trust in people, but it has damage their current relationships, how it has impacted their dreams for the future, it has caused people to suffer from anxiety, depression, stress, anger, how it has made them feel with a sense of guilt and shame, even though it was not their fault. This book takes a look at the issues related to sexual abuse, while also looking for God for peace and
When critically analysed, the system derives its justification from the consistency but not the uniformity in sentencing. Key among them is the circumstances leading the offender in the crime. The magistrate therefore looks at the factors that differentiate men and women before reaching at any sentence. However, it is important to exercise fairness and where the magistrate feels weighed down by the accused person’s (women) primary responsibilities to involve child welfare services before issuing a
The Essay will also contain the relation between children’s rights and corporal punishment and find suggestion to alternative measures to diminish the problem. 1.2. The research problem Corporal punishment as a practice of behaviour correction of a child was legally abolished in South African schools in 1996. In line with the human rights culture prevailing locally and globally, South Africa adopted a constitution that establishes and protects a range of human rights. In relation to corporal punishment,
Culture is not static, it changes as people and practices do. To define culture the many ideas and conventions of that constitute culture must be considered. The ideas of place, ideas, and the subcultures that impact contemporary culture are important to consider. Cultural studies takes into account the many facets of culture and utilizes these to answer questions concerning it. Questions can inquire about many aspects of culture.
Treatment rather than Punishment Thesis Statement: Children, as innocents and infantile, are unconsciously doing unwanted acts that may violate our laws, therefore insufficient guidance from family, environmental factors syndicates, poverty and problem on education, which are the main rationales for their involvement on crimes should be given corresponding solution by the government. INTRODUCTION Juvenile delinquency means that a youth specifically those who are below 18 years old commits an act that is against the law. It can also be used as legal term for the criminal behavior carried out by minors. According to UNICEF, an average of 10, 500 minors are being arrested and detained every year – about 28 children every day, or more
III. The Children’s Rights Movements The Children’s Rights Movement is a historical and modern movement. This movement related with acknowledge, expansion or decrease of the rights of children all around the world. It started in the early periods of the last century.
B) Statistics - Graphs -Sex and age of child’s victim -Characteristics of perpetrators -Relationship of perpetrators to child victim of sexual
Introduction Corporal punishment is a controversial topic and has been the source of extensive legal debate on a global scale, with evidence being presented to support numerous countering views and opinions. Reasonable corporal punishment in the home is still protected by the law in South Africa, and many South Africans are in support of the continuation of its legality. Although some of the arguments raised are valid, the evidence conveying the harms inflicted on children by physical disciplinary methods supports the viewthat the defense of reasonable disciplinary chastisement in South Africa should be discontinued and corporal punishment should be illegalized in its entirety. The future of corporal punishment is questionable, and with more