0000000001330530

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Karakoc

Family reunification: the case of the Muslim migrant children in Europe

Adopting a child is not a legal concept recognized in Islamic law, who however giving a great importance to orphans and children's rights, has introduced the legal institute of the "Kafala". This institute can be defined as a commitment by the "kafil" to ensure maintenance, education and protection of a minor "makfoul" until his legal majority, in the same way as would a father to his son, but without creating any family relationship. For these reasons the “Kafala” can not be compared to an international adoption, which, contrariwise, entails the creation of a parent-child relationship. If, in one side the Kafala is a legal concept recognized by International Law, in particular by the Unite…

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International Law, War and Human Rights: The Humanitarian Response

One of the most important issues in the international political and legal system comprises the interaction between human rights and humanitarian law. In particular, the separate treatment of such areas of law allows to delineate different contents and application procedures, while the joint consideration is not simple, in view of the reasons for which each of the two has been created. Humanitarian law is a set of rules of conduct limited to a political and legal situation pathological, and presumably temporary. Against this regulatory system, the international law of human rights is the establishment of a political and legal concept of man as endowed with certain inalienable rights that con…

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