Necessity To Engage With The Elements Of Judicial System And Its Impact On The Provision And Development Of Justice And Security

Vali ShirPour


Abstract

People of society as capital and human resources of a society are in need to the peaceful society along with justice and security in order to fruition from healthy and better future. Security provision that is due to the implementation of justice is the most important wanted of each judicial organization and the main components of judicial system of each country are judges and lawyers. Existence of common objectives as law enforcement to revive community member rights and to the provision and development of security and justice establishment requires more and more interaction between these two sides of justice.

In the present study which has been done using library method, there is an attempt to survey the interaction and the effect of two socially important institutes on justice and security and also the existent barriers in this direction and present needed guidelines in this field through explaining the role these two institutes in the judicial system of the country.

Keywords: justice, security, judicial system, judges, lawyers

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Homosexuality and Child Custody through the Lenses of Law: Between Tradition and Fundamental Rights

Homosexuality and Child Custody through the Lenses of Law: Between Tradition and Fundamental Rights

 

Denise Amram


Readers are reminded that this work is protected by copyright. While they are free to use the ideas expressed in it, they may not copy, distribute or publish the work or part of it, in any form, printed, electronic or otherwise, except for reasonable quoting, clearly indicating the source. Readers are permitted to make copies, electronically or printed, for personal and classroom use.

In the course of child custody disputes, the application of the principle of non-discrimination concerning parents and their sexual orientation was internationally recognised by the decision in Salgueiro da Silva Mouta v. Portugal.[1]However, it does not yet seem to have been universally accepted, due largely to considerations regarding common morals,[2]where some individuals still have difficulty in admitting that the capacity of a person to be a parent is not determined by his or her sexual inclination, but rather by his or her parental skills. The aim of this paper is to verify the impact that morality has on the principle of non-discrimination, and on the principle of the best interest of the child, which is, instead, universally accepted as the main guideline in deciding child custody disputes. Thus, comparing some international trends with Italian case law, the author explores whether, in Italy as well as in other European legal systems, the contrast between legal issues and ethical values can be solved in favour of an evolution of the traditional meaning of the family.



[1] ECHR, 21st Dec. 1999, case Salgueiro da Silva Mouta v. Portugal, Hum. Rts. Case Dig., 10, 307-309 (1999) and Am. J. Int’l L., 95, 422-430 (2001).

[2] In this paper, the expression "common morals” includes cultural, religious and social values.


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