Document Details
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Document Type |
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Thesis |
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Document Title |
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The Judicial Protection of Children and Juveniles – Applied Analytical Study In The Light Of Jurisprudence And Saudi Law. الحماية القضائية للأطفال والأحداث - دراسة تحليلية تطبيقية في ضوء الفقه والنظام السعودي |
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Subject |
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Faculty of Arts and Humanities |
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Document Language |
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Arabic |
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Abstract |
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The problem tackled by the study: consists in the idea that the efficacy of any law depends on the ability of jurisdiction to make it enforceable in a practical way. Thus, the study will investigate the extent of special protection allocated by laws of the Kingdom for the category of children and juveniles, and enforced by jurisdiction through formal and substantive rules related to the laws of children and juveniles rights.
This research aims at: showing the result of actual application of the texts of the judicial protection of children and juveniles inside the Kingdom, explaining their points of weaknesses, and providing the best recommendations to treat them. In addition, the research has attempted to compare the judicial penalties of all branches, collecting the scattered texts of judicial protection from all laws and regulations in the Kingdom so as to explain the whole picture in a manner that clears away confusion resulted from being scattered among laws and regulations. This research relied on the guide of writing scientific letters issued by King Abdul Aziz University in Jeddah (1430 Ah - 2009). The research presented, coordinated, footnoted, and sourced the following KAU methods with little changes.
The Method of Research constitutes in: using the two main methods; the fundamentalist method and the analytical method. Such methods are used to root the legal rule implemented to protect a particular right, analyze its content and explain the degree of protection it implies for children and juveniles, and to study its practical applications in the reality of children and juveniles’ rights.
Moreover, the research has used the descriptive method in order to identify a number of legal concepts according to their significances, and the philosophy lies in their legislation such as criminalization, punishment, precautionary reformative measures, and juveniles’ chambers, and other concepts that require identifying their meanings.
The main results reached by the study: the study has found that the legal protection of children and juveniles already exist in jurisprudence and Saudi Law from a long time ago, but the interest in that matter has been developed after setting children and juveniles protection laws that are concerned with defending the rights of children and juveniles against any infringement that may be done through substantive and procedural penalties stated in their texts.
The study has presented a number of recommendations, among which: the importance of setting criminal custodial penalties that correspond to the extent of children abuse, creating a data base that can describe the violence affecting the child’s psychology and diagnose its causes, and finally intensifying the programs the raise the awareness of the dangers of emotional abuse exercised against children, in addition to its impact on their security and prospective behaviors.
Key words : child – juvenile – protection – judiciary – penalty. |
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Supervisor |
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Prof. Dr. Mazen Bin Abdullatif Al-Bukhari |
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Thesis Type |
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Doctorate Thesis |
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Publishing Year |
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1445 AH
2023 AD |
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Added Date |
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Saturday, September 30, 2023 |
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Researchers
| عبدالعزيز سعود القدير | Al Qadir, AbdulAziz Saud | Researcher | Doctorate | |
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