Child Protection Policy Paper in Personal Status Cases

The Observatory

Malaz Foundation for Women's Support presents this paper as a developmental vision for reconsidering the legal and procedural framework governing personal status cases, in a manner that enhances the level of protection provided to children within family conflict environments and supports their psychological and social stability during post-separation stages, particularly in light of the long-term impacts these disputes create, extending beyond the direct parties involved.

This vision is based on the understanding that prolonged family disputes are no longer merely legal disagreements between parties, but have increasingly become high-pressure environments that directly and deeply affect children as the most vulnerable group within this system, despite not being principal parties to the conflict. These effects appear across multiple dimensions, including psychological stability, social behavior, and educational performance, making the handling of children’s issues within such cases both an organizational and humanitarian necessity, rather than simply a secondary extension of legal procedures.

In this context, the paper points out that the current framework governing personal status cases still focuses primarily on managing the legal relationship between the parties, while dealing with the child remains largely based on a non-independent perspective, lacking an integrated system that allows for an accurate assessment of the child's needs or a systematic and continuous measurement of the actual impact of the dispute on them. This creates a gap between the stated goal of protecting the "best interests of the child" and the procedural tools capable of translating this principle into practical reality within the judicial system.

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